Nomination of Robert H. Bork to be Associate Justice of the Supreme Court of the United States: Hearings Before the Committee on the Judiciary, United States Senate, One Hundredth Congress, First Session ... September 15, 16, 17, 18, 19, 21, 22, 23, 25, 28, 29, and 30, 1987, Parte5
U.S. Government Printing Office, 1989
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action Amendment American Appeals applied appointment Association Attorney authority basis believe Black Bork's Chairman Biden changes Circuit citizens civil rights claim clause Committee concerned confirmation Congress considered constitutional criticized decided decision defendant denied desegregation discrimination District Education effect equal equal protection established executive expressed fact federal groups hearings held House important individual intent interest interpretation issue John Judge Bork Judge Robert judicial Judiciary Justice Justice Department legislative Letter liberty limited majority means Michigan minorities nomination October Office opinion opposed original Panel person plaintiffs political position Prepared President principles Professor protection question racial reason record regarding regulation rejected responsibility result Richardson Robert H role rule Senator September Solicitor Special Prosecutor speech standing Statement statute submitted suggested Supreme Court Testimony United University views vote Washington White women York
Página 5544 - The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.
Página 5340 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Página 5830 - ... when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth.
Página 5702 - I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.
Página 5491 - They had for more than a century before been regarded as beings of an inferior order and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect; and that the Negro might justly and lawfully be reduced to slavery for his benefit.
Página 5461 - The true genius is a mind of large general powers, accidentally determined to some particular direction.
Página 5339 - Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school.
Página 5621 - We may add that when we are dealing with words that also are a constituent act, like the Constitution of the United States, we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters.
Página 5759 - These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of- force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
Página 5830 - Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious ... or national ... or racial minorities . . . whether prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry.