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The ultimate touchstone of constitutionality is the Constitution itself, and not what we have said about it.

Felix Frankfurter

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Felix Frankfurter
Age: 82 †
Born: 1882
Born: November 15
Died: 1965
Died: February 22
Former Associate Justice Of The Supreme Court Of The United States
Judge
Lawyer
Politician
Vienna
Austria
Touchstone
Touchstones
Libertarianism
Libertarian
Constitution
Ultimate
Liberty
Constitutionality

More quotes by Felix Frankfurter

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I don’t like a man to be too efficient. He’s likely to be not human enough.
Felix Frankfurter
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In the first place, lawyers better remember they are human beings, and a human being who hasn't his periods of doubts and distresses and disappointments must be a cabbage, not a human being. That is number one.
Felix Frankfurter
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Government is itself an art, one of the subtlest of the arts. It is neither business, nor technology, nor applied science. It is the art of making men live together in peace and with reasonable happiness.
Felix Frankfurter
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Is that which was deemed to be of so fundamental a nature as to be written into the Constitution to endure for all times to be the sport of shifting winds of doctrine?
Felix Frankfurter
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It is a fair summary of history to say that the safeguards of liberty have been forged in controversies involving not very nice people.
Felix Frankfurter
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The words of the Constitution... are so unrestricted by their intrinsic meaning or by their history or by tradition or by prior decisions that they leave the individual Justice free, if indeed they do not compel him, to gather meaning not from reading the Constitution but from reading life.
Felix Frankfurter
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It is a wise man who said that there is no greater inequality than the equal treatment of unequals.
Felix Frankfurter
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It would be a stultification of the responsibility which the course of constitutional history has cast upon this Court to hold that in order to convict a man the police cannot extract by force what is in his mind, but can extract what is in his stomach.
Felix Frankfurter
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To be effective, judicial administration must not be leaden-footed.
Felix Frankfurter
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It would be a narrow conception of jurisprudence to confine the notion of laws to what is found written on the statute books, and to disregard the gloss which life has written upon it.
Felix Frankfurter
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One is entitled to say without qualification that the correlation between prior judicial experience and fitness for the Supreme Court is zero.
Felix Frankfurter
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Appeal must be to an informed, civically militant electorate.
Felix Frankfurter
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Anybody who is any good is different from anybody else.
Felix Frankfurter
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The real rulers in Washington are invisible, and exercise power from behind the scenes.
Felix Frankfurter
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Judicial judgment must take deep account...of the day before yesterday in order that yesterday may not paralyze today.
Felix Frankfurter
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One who belongs to the most vilified and persecuted minority in history is not likely to be insensible to the freedoms guaranteed by our Constitution... But as judges we are neither Jew nor Gentile, neither Catholic nor agnostic.
Felix Frankfurter
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The Procrustean bed is not a symbol of equality. It is no less inequality to have equality among unequals.
Felix Frankfurter
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If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. Legal process is an essential part of the democratic process.
Felix Frankfurter
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In law also the emphasis makes the song.
Felix Frankfurter
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Fragile as reason is and limited as law is as the institutionalised medium of reason, that's all we have between us and the tyranny of mere will and the cruelty of unbridled, undisciplined feelings.
Felix Frankfurter