Chief Justice Quotes

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

(“It seemed to be the principle employment of both armies to look at each other with spyglasses,” wrote the eminent Loyalist Peter Oliver, former chief justice of the province.)

To those who will decide if he should be tried for 'high crimes and misdemeanors' -the House of Representatives- And to those who would sit in judgment at such a trial if the House impeaches -the Senate- And to the man who would preside at such an impeachment trial -the Chief Justice of the United States, Warren Burger- And to the nation... The President said, 'I want you to know that I have no intention whatever of ever walking away from the job that the American people elected me to do for the people of the United States.' - Carl Bernstein, Bob Woodward

The white man will never be alone. Let him be just, and deal kindly with my people. For the dead are not powerless.

The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.

When the Chief Justice read me the oath,' he [FDR] later told an adviser, 'and came to the words "support the Constitution of the United States" I felt like saying: "Yes, but it's the Constitution as I understand it, flexible enough to meet any new problem of democracy--not the kind of Constitution your Court has raised up as a barrier to progress and democracy.

Charles and David were the sons of Freddy Koch, who had tried to have Chief Justice Earl Warren impeached after the unanimous Brown decision, which declared “separate but equal” schools unlawful in America. Right

But let us not forget, too, that it was John Adams who nominated George Washington to be commander-in-chief of the Continental Army. It was John Adams who insisted that Jefferson be the one to write the Declaration of Independence. And it was President John Adams who made John Marshall chief justice of the Supreme Court. As a casting director alone, he was brilliant. Abigail

There is no concept of justice in Cree culture. The nearest word is kintohpatatin, which loosely translates to "you've been listened to." But kintohpatatin is richer than justice - really it means you've been listened to by someone compassionate and fair, and your needs will be taken seriously.

Providence has given to our people the choice of their ruler, and it is the duty, as well as the privilege and interest of our Christian nation to select and prefer Christians for their rulers. John Jay First Chief Justice of the US Supreme Court.

Charles Evans Hughes, former Chief Justice of the United States Supreme Court, said: “Men do not die from overwork. They die from dissipation and worry.” Yes, from dissipation of their energies—and worry because they never seem to get their work done.

You know how the story ends. He escaped and went on to become the greatest chief Suntown ever had. He never built a shrine or a temple or even a shack in the name of Tia. In the Great Book, her name is never mentioned again. He never mused about her or even asked where she was buried. Tia was a virgin. She was beautiful. She was poor. And she was a girl. It was her duty to sacrifice her life for his.

Every calling is great if greatly pursued."-Late Former Chief Justice Oliver Wendell Holmes

The Cherokee Nation took a case against Georgia to the US Supreme Court. With Chief Justice John Marshall writing for the majority, the Court ruled in favor of the Cherokees. Jackson ignored the Supreme Court, however, in effect saying that John Marshall had made his decision and Marshall would have to enforce it if he could, although he, Jackson, had an army while Marshall did not.

When you consider that presidents and chief-justices and archbishops and kings and statesmen are human beings like you and me and the laundryman, the thought becomes too horrible for humanity to face.

There had been only three confirmations in the final year of a presidency when the opposing party controlled the Senate, most recently in 1888, when Grover Cleveland nominated Melville W. Fuller to be chief justice.

There is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts.

In 1857, Chief Justice Roger B. Taney handed down the Dred Scott decision upholding and extending slavery. Taney’s opinion was, it is generally agreed, “the worst constitutional decision of the 19th century” (the words are Robert Bork’s). Yet there is a curious and little known fact about Judge Taney. More than 30 years earlier he had freed his own slaves. Today, therefore, we would say that while he was “personally” opposed to slavery he did not want to “impose” his views on others.

In the final scene of Power, the Supreme Court justices appear as a striking abstraction: Nine scowling masks line up in a row on top of a giant podium. Chief Justice Charles Evans Hughes speaks the majority opinion: 'Water power, the right to convert it into electric energy, and the electric energy thus produced constitute property belonging to the United States.

Edward G. Ryan, the chief justice of Wisconsin’s Supreme Court, warned the graduating class of the state university in 1873. “The question will arise, and arise in your day, though perhaps not fully in mine, ‘Which shall rule—wealth or man; which shall lead—money or intellect; who shall fill public stations—educated and patriotic free men, or the feudal serfs of corporate capital?’ 

Earlier in [2007] the [Prime Minister's Office] had also drawn criticism for trying to muzzle the judiciary. The reproach came from Antonio Lamer, the former chief justice of the Supreme Court....'I must say I was taken aback,' said Lamer, who sat on the Supreme Court for twenty years. 'The prime minister is going the wrong route as regards the independence of the judiciary. He's trying to interfere with the sentencing process.

Put it this way. As long as Jeyaretnam [Workers' Party leader] stands for what he stands for -- a thoroughly destructive force for me -- we will knock him. There are two ways of playing this. One, a you attack the policies; two, you attack the system. Jeyaretnam was attacking the system, he brought the Chief Justice into it. If I want to fix you, do I need the Chief Justice to fix you? Everybody knows that in my bag I have a hatchet, and a very sharp one. You take me on, I take my hatchet, we meet in the cul-de-sac. That's the way I had to survive in the past. That's the way the communists tackled me. He brought the Chief Justice into the political arena. He brought my only friend in university into our quarrel. How dare he!

There are six canons of conservative thought: 1) Belief in a transcendent order, or body of natural law, which rules society as well as conscience. Political problems, at bottom, are religious and moral problems. A narrow rationality, what Coleridge called the Understanding, cannot of itself satisfy human needs. "Every Tory is a realist," says Keith Feiling: "he knows that there are great forces in heaven and earth that man's philosophy cannot plumb or fathom." True politics is the art of apprehending and applying the Justice which ought to prevail in a community of souls. 2) Affection for the proliferating variety and mystery of human existence, as opposed to the narrowing uniformity, egalitarianism, and utilitarian aims of most radical systems; conservatives resist what Robert Graves calls "Logicalism" in society. This prejudice has been called "the conservatism of enjoyment"--a sense that life is worth living, according to Walter Bagehot "the proper source of an animated Conservatism." 3) Conviction that civilized society requires orders and classes, as against the notion of a "classless society." With reason, conservatives have been called "the party of order." If natural distinctions are effaced among men, oligarchs fill the vacuum. Ultimate equality in the judgment of God, and equality before courts of law, are recognized by conservatives; but equality of condition, they think, means equality in servitude and boredom. 4) Persuasion that freedom and property are closely linked: separate property from private possession, and Leviathan becomes master of all. Economic levelling, they maintain, is not economic progress. 5) Faith in prescription and distrust of "sophisters, calculators, and economists" who would reconstruct society upon abstract designs. Custom, convention, and old prescription are checks both upon man's anarchic impulse and upon the innovator's lust for power. 6) Recognition that change may not be salutary reform: hasty innovation may be a devouring conflagration, rather than a torch of progress. Society must alter, for prudent change is the means of social preservation; but a statesman must take Providence into his calculations, and a statesman's chief virtue, according to Plato and Burke, is prudence.

There are few words which are used more loosely than the word “Civilization.” What does it mean? It means a society based upon the opinion of civilians. It means that violence, the rule of warriors and despotic chiefs, the conditions of camps and warfare, of riot and tyranny, give place to parliaments where laws are made, and independent courts of justice in which over long periods those laws are maintained. That is Civilization—and in its soil grow continually freedom, comfort, and culture. When Civilization reigns, in any country, a wider and less harassed life is afforded to the masses of the people. The traditions of the past are cherished, and the inheritance bequeathed to us by former wise or valiant men becomes a rich estate to be enjoyed and used by all.

Tom Jr. was steeped in Free Soil politics and was now chief justice of the Kansas State Supreme Court.

An order went out on October 15, 1522, naming Cortés governor, captain general, and chief justice of New Spain.

One afternoon, I called two constituents who had long been supporters of mine. They lived in different parts of Wyoming and didn’t really know each other, but they had obviously been reading the same dangerous garbage online. They both began their separate calls with me asking whether I was aware that the chief justice of the United States Supreme Court was operating a child sex-trafficking ring in his basement.

We do not accept the paradox that legal responsibility should be least where the power is the greatest,’ said Jackson and he quoted Lord Chief Justice Coke’s rebuke to James I: ‘A King is still under God and the law.

When RBG fretted over the first dry opinion the chief justice assigned her, O'Connor gave her a pep talk. As RBG read that opinion on the bench, O'Connor, who had dissented in the case, passed her a note. "This is your first opinion for the Court," she had written. "It is a fine one, I look forward to many more." Remembering the comfort that note gave her on such a nerve wracking day, RBG did the same for the next two women to join the court, Sonia Sotomayor and Elena Kagan.

CHIEF JUSTICE DAY, in a Decision of the U. S. Supreme Court, June 3, 1918: "If Congress can regulate matters entrusted to local au thority, the power of the States may be eliminated and thus our system of government be practically destroyed.

The communist world, it may be noted, has one big myth (which we call an illusion, in the vain hope that our superior judgment will make it disappear). It is the time-hallowed archetypal dream of Golden Age (or Paradise) where everything is provided in abundance for everyone, and a great, just and wise chief rules over the human kindergarten. This powerful archetype in its infantile form has gripped them, but it will never disappear from the world at the mere sight of our superior points of view. We even support it by our own childishness, for our Western civilization is in the grip of the same mythology. Unconsciously, we cherish the same prejudices, hopes, and expectations. We too believe in the welfare state, in universal peace, in the equality of man, in his eternal human rights, in justice, truth, and (do not say it too loudly) in the Kingdom of God on Earth. The sad truth is that man's real life consists of a complex and inexorable opposites - day and night, birth and death, happiness and misery, good and evil. We are not even sure that one will prevail against the other, that good will overcome evil, or joy defeat pain. Life is a battleground. It always has been, and always will be; and if it were not so, existence would come to an end.

whether we had best have our meeting or not; and whether it might not be better for me to depart, lest they should take me and have me before the justice, and after that send me to prison (for he knew better than I what spirit they were of, living by them): to whom I said, No, by no means, I will not stir, neither will I have the meeting dismissed for this.  Come, be of good cheer; let us not be daunted; our cause is good, we need not be ashamed of it; to preach God’s Word, is so good a work, that we shall be well rewarded, if we suffer for that; or to this purpose -

The future chief justice of the United States told the delegates that an independent federal judiciary was a necessary bulwark against an overreaching Congress. If Congress were to exceed its powers, said Marshall, it would be the duty of the judiciary to declare the action void. Marshall

... suspendered old men who had spent their lives doing nothing and passed their twilight days doing the same on pine benches under the live oaks on the square. Attentive critics of courthouse business, Atticus said they knew as much law as the Chief Justice, from long years of observation.

For instance, while writing this, I was summoned to attend jury duty. Throughout the jury selection process, coordinators and judges reminded us how important our presence was, and how deeply they and the State of Oregon appreciated our service. The Chief Justice of the Supreme Court of Oregon and several judges who may or may not have been actors thanked us via video. The big joke of it was that attending jury service is mandatory and my summons threatened me with the possibility of being held in contempt of court for non-compliance. That pretty much sums up how the state “appreciates” its citizens. “We

This was the inauspicious background for the nomination by John Adams of John Marshall, his secretary of state, to be the nation’s fourth chief justice. Marshall, a Virginian and combat veteran of the Revolutionary War, was forty-five years old, until this day the youngest person ever to assume the office

I am an Indian; and while I have learned much from civilization, for which I am grateful, I have never lost my Indian sense of right and justice. I am for development and progress along social and spiritual lines, rather than those of commerce, nationalism, or efficiency. Nevertheless, so long as I live, I am an American.

Marbury v. Madison, the Marshall Court’s best-known case, and one of the most famous in Supreme Court history, was decided early in the chief justice’s tenure, on February 24, 1803. It grew out of the tense and messy transition of power from the Adams Federalists to the Jeffersonian Republicans after the election of 1800.

It’s not hard, then, to see how the simple message of a Jewish carpenter in Nazareth became so popular. Jesus didn’t talk much about justice. He talked about mercy. He talked about forgiveness. As his followers see it, Jesus is the Chief Justice of the Court of Appeals, Universal Circuit. And he’s a pretty lenient jurist.

The most important extra-curricular lesson we learned,—and we learned it properly,—was summed up in Chief Justice Jay’s dictum that “justice is always the same, whether it be due from one man to a million, or from a million to one man.” We learned this, not by precept, but by example, which is the best way to learn such lessons. In

nascent, underfunded Supreme Court. Recent biographies of the great Chief Justice tell how John Marshall used the camaraderie of boardinghouse tables and common rooms, also madeira, to dispel dissent and achieve the one-voiced Opinion of the Court, which he usually composed and delivered himself. The unanimity John Marshall strived to maintain helped the swordless Third Branch fend off attacks from the political branches.9 Although Chief Justice Marshall strictly separated his Court and family life, he did not lack affection for his wife. In a letter from Philadelphia in 1797, John Marshall told Polly of his longing. “I like [the big city] well enough for a day or two,” he wrote Polly, “but I then

Not always majority are correct sometimes it goes with a lack of understanding

Explaining how much I you is like explaining how the water tastes from the drops of the rain

A Swedish minister having assembled the chiefs of the Susquehanna Indians, made a sermon to them, acquainting them with the principal historical facts on which our religion is founded — such as the fall of our first parents by eating an apple, the coming of Christ to repair the mischief, his miracles and suffering, etc. When he had finished an Indian orator stood up to thank him. ‘What you have told us,’ says he, ‘is all very good. It is indeed bad to eat apples. It is better to make them all into cider. We are much obliged by your kindness in coming so far to tell us those things which you have heard from your mothers. In return, I will tell you some of those we have heard from ours. ‘In the beginning, our fathers had only the flesh of animals to subsist on, and if their hunting was unsuccessful they were starving. Two of our young hunters, having killed a deer, made a fire in the woods to boil some parts of it. When they were about to satisfy their hunger, they beheld a beautiful young woman descend from the clouds and seat herself on that hill which you see yonder among the Blue Mountains. ‘They said to each other, “It is a spirit that perhaps has smelt our broiling venison and wishes to eat of it; let us offer some to her.” They presented her with the tongue; she was pleased with the taste of it and said: “Your kindness shall be rewarded; come to this place after thirteen moons, and you will find something that will be of great benefit in nourishing you and your children to the latest generations.” They did so, and to their surprise found plants they had never seen before, but which from that ancient time have been constantly cultivated among us to our great advantage. Where her right hand had touched the ground they found maize; where her left had touched it they found kidney-beans; and where her backside had sat on it they found tobacco.’ The good missionary, disgusted with this idle tale, said: ‘What I delivered to you were sacred truths; but what you tell me is mere fable, fiction, and falsehood.’ The Indian, offended, replied: ‘My brother, it seems your friends have not done you justice in your education; they have not well instructed you in the rules of common civility. You saw that we, who understand and practise those rules, believed all your stories; why do you refuse to believe ours?

Chief Justice Oliver Wendell Holmes penned the majority opinion, which included these immortal words: It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.… Three generations of imbeciles are enough.

As a chief justice of the United States once said, blacks were three-fifths of a human, and only a full human being should have rights, the implication being that three-fifths of a human being was something fit to function only as a beast of burden. Well, that is a distortion exposing the enemies of logic and reason, and among them are mass hysteria, hate, prejudice, and ignorance. With

Even the judge who ruled in Wilkes’s case that general warrants were invalid found fame and admiration in America. Soon after his decision in Wilkes’s case, Lord Chief Justice Pratt inherited the title Lord Camden. As in Camden, New Jersey. And Camden, South Carolina. And the B&O Railroad’s Camden Station, on whose rail yards was later built the home of the Baltimore Orioles—Camden Yards.

As you press on for justice, be sure to move with dignity and discipline, using only the weapon of love. Let no man pull you so low as to hate him. Always avoid violence. If you succumb to the temptation of using violence in your struggle, unborn generations will be the recipients of a long and desolate night of bitterness, and your chief legacy to the future will be an endless reign of meaningless chaos.

As Oliver Ellsworth, the third chief justice of the United States, declared, “As population increases, poor labourers will be so plenty as to render slaves useless. Slavery in time will not be a speck in our country.”42 The leaders simply did not count on the remarkable demographic capacity of the slave states themselves, especially Virginia, to produce slaves for the expanding areas of the Deep South and the Southwest.

One measure decreed that when ships docked at Charleston, any free black sailors on board must be jailed so they could not carry messages to black people onshore. When a Supreme Court justice found the imprisonments unconstitutional, South Carolina openly defied the ruling, saying that stopping “insubordination” was “paramount” to “all laws” and “all constitutions.” Baffled by this early example of a state nullifying federal law, national officials did nothing.

Despotic government supports itself by abject civilization, in which debasement of the human mind, and wretchedness in the mass of the people, are the chief criterions. Such governments consider man merely as an animal; that the exercise of intellectual faculty is not his privilege; that he has nothing do with laws but to obey them, and they politically depend more upon breaking the spirit of the people by poverty, than they fear enraging it by desperation. -Agrarian Justice

The truth is, the Obama administration was so desperate to keep Donald Trump from being elected that his Justice Department, prodded by his CIA chief John O. Brennan, misled the most secret court of the United States. The goal was simple: spy on the Trump campaign to undermine a presidential election. Members of the highest echelon in Obama’s FBI, CIA, and Department of Justice, all conspired to prevent an outsider from breaking the establishment’s stranglehold on the American people.

Crime began rising precipitously in the 1960s after the Supreme Court, under Chief Justice Earl Warren, started tilting the scales in favor of the criminals. Some 63 percent of respondents to a Gallup poll taken in 1968 judged the Warren Court, in place from 1953 to 1969, too lenient on crime; but Warren’s jurisprudence was supported wholeheartedly by the Michelle Alexanders of that era, as well as by liberal politicians who wanted to shift blame for criminal behavior away from the criminals.

Let's throw his ass out the airlock," suggested the Speaker of the House. "We can't do that," said the Chief Justice of the Supreme Court. He was a feeble old Mechanist who was subject to nosebleeds. "He is still Secretary of State and can't be sentenced without impeachment by the Senate." The three Senators, two men and a woman, looked interested. The Senate didn't see much action in the government of the tiny Democracy. They were the least trusted members of the crew and were outnumbered by the House.

In public at least, Roberts himself purports to have a different view of the Court than his conservative sponsors. "Judges are like umpires," he said at his confirmation hearing. "Umpires don't make the rules; they apply them." Elsewhere, Roberts has often said, "Judges are not politicians." None of this is true. Supreme Court justices are nothing at all like baseball umpires. It is folly to pretend that the awesome work of interpreting the Constitution, and thus defining the rights and obligations of American citizenship, is akin to performing the rote […] task of calling balls and strikes. When it comes to the core of the Court's work, determining the contemporary meaning of the Constitution, it is ideology, not craft or skill, that controls the outcome of cases.

In our tribunal, we look only at personal criminal responsibility in a very tightly defined, narrow way and we demand proof beyond a resonable doubt about the involvement of the individual. We do no have a mandate to establish the moral responsibility of those who saw things happen and did nothing, including people who might have had the capacity to stop the process and did nothing. But we have to be careful in thinking that just because we focus on individual criminal guilt we therefore absolve the community. The old distinctions are too simplistic when we move up the chain of command and witness the merging of the collectivity into the personae of these charismatic political and military leaders.' -Louise Arbour, Chief Prosecutor for International Criminal Tribunal for the Former Yugoslavia

There were countless fugitive slaves, but only one - Dred Scott - had the patience to endure the vicissitudes of America's legal system. But it was all worth it when he made it to the highest court in the land and was told by the chief justice that he was a) wrong and b) not a man, but a piece of property. His true reward, however, would come years later, after he was dead and it was of no use to him. For his case was a precedent, and today it is discussed by historians, memorized by high-school students, and joked about by assholes like myself.

Self-Confidence Formula First. I know that I have the ability to achieve the object of my Definite Purpose in life, therefore, I demand of myself persistent, continuous action toward its attainment, and I here and now promise to render such action. Second. I realize the dominating thoughts of my mind will eventually reproduce themselves in outward, physical action, and gradually transform themselves into physical reality, therefore, I will concentrate my thoughts for thirty minutes daily, upon the task of thinking of the person I intend to become, thereby creating in my mind a clear mental picture of that person. Third. I know through the principle of auto-suggestion, any desire that I persistently hold in my mind will eventually seek expression through some practical means of attaining the object back of it, therefore, I will devote ten minutes daily to demanding of myself the development of self-confidence. Fourth. I have clearly written down a description of my definite chief aim in life, and I will never stop trying, until I shall have developed sufficient self-confidence for its attainment. Fifth. I fully realize that no wealth or position can long endure, unless built upon truth and justice, therefore, I will engage in no transaction which does not benefit all whom it affects. I will succeed by attracting to myself the forces I wish to use, and the cooperation of other people. I will induce others to serve me, because of my willingness to serve others. I will eliminate hatred, envy, jealousy, selfishness, and cynicism, by developing love for all humanity, because I know that a negative attitude toward others can never bring me success. I will cause others to believe in me, because I will believe in them, and in myself. I will sign my name to this formula, commit it to memory, and repeat it aloud once a day, with full faith that it will gradually influence my thoughts and actions so that I will become a self-reliant, and successful person.

To my mind, the chief conclusion to be drawn from Derrida’s analysis is that the human-animal distinction is, strictly speaking, nonsensical. How could a simple (or even a highly refined) binary distinction approach doing justice to the complex ethical and ontological matters at stake here?

I intend to see that justice is done by presiding, in the manner of the omnipotent Walter Mitty, as chief justice of a tribunal trying the case of those plotting further advances for the Chinese characters on an international scale. Emulating the operatic Mikado's "object all sublime... to let the punishment fit the crime," I hand down the following dread decree: Anyone who believes Chinese characters to be a superior system of writing that can function as a universal script is condemned to complete the task of rendering the whole of Lincoln's Gettysburg Address into Singlish.

The following winter passed without disturbance, and was employed in salutary measures. For, to accustom to rest and repose through the charms of luxury a population scattered and barbarous and therefore inclined to war, Agricola gave private encouragement and public aid to the building of temples, courts of justice and dwelling-houses, praising the energetic, and reproving the indolent. Thus an honourable rivalry took the place of compulsion. He likewise provided a liberal education for the sons of the chiefs, and showed such a preference for the natural powers of the Britons over the industry of the Gauls that they who lately disdained the tongue of Rome now coveted its eloquence. Hence, too, a liking sprang up for our style of dress, and the "toga" became fashionable. Step by step they were led to things which dispose to vice, the lounge, the bath, the elegant banquet. All this in their ignorance, they called civilization, when it was but a part of their servitude.

All cert petitions are presumed to be denied unless the justices take further action. The first step is to move a petition from what is known informally as the “dead list” and to place it on the “discuss list” for consideration at the justices’ weekly conference. The chief justice is in charge of the discuss list and runs the conference, at which the justices speak and eventually vote in order of seniority. (The same procedure applies to the discussion and vote on cases that were argued during the week.) The conference usually takes place on Friday (Thursday in May and June), with the “orders”—the list of cases granted and denied—being issued the following Monday.

Sir Thomas More, son of Sir John More, a justice of the King's Bench, was born in 1478, in Milk Street, in the city of London. After his earlier education at St. Anthony's School, in Threadneedle Street, he was placed, as a boy, in the household of Cardinal John Morton, Archbishop of Canterbury and Lord Chancellor. It was not unusual for persons of wealth or influence and sons of good families to be so established together in a relation of patron and client. The youth wore his patron's livery, and added to his state. The patron used, afterwards, his wealth or influence in helping his young client forward in the world. Cardinal Morton had been in earlier days that Bishop of Ely whom Richard III. sent to the Tower; was busy afterwards in hostility to Richard; and was a chief adviser of Henry VII., who in 1486 made him Archbishop of Canterbury, and nine months afterwards Lord Chancellor. Cardinal Morton—of talk at whose table there are recollections in "Utopia"—delighted in the quick wit of young Thomas More. He once said, "Whoever shall live to try it, shall see this child here waiting at table prove a notable and rare man.

There is inherent drama to a major Supreme Court case in which the powerful institutional actors include the Court itself. Some will emerge as winners and some as losers. But it is important to recognize that outside the courtroom, in less dramatic ways, the Court continually interacts with the other branches. The Court submits its annual budget request to Congress, and the justices take turns going before the relevant congressional subcommittees to testify about the Court’s fiscal needs. Congress determines the salaries of the justices and all federal judges. When John Roberts became chief justice, he made it a priority to persuade the president and Congress of the need for a long-deferred pay raise for federal judges, a plea that fell on deaf ears.

The fourth and ultimate method is to create a dogma, put our trust in some allegedly all-knowing theory, institution or chief, and follow them wherever they lead us. Religious and ideological dogmas are still highly attractive in our scientific age precisely because they offer us a safe haven from the frustrating complexity of reality. As noted earlier, secular movements have not been exempt from this danger. Even if you start with a rejection of all religious dogmas and with a firm commitment to scientific truth, sooner or later the complexity of reality becomes so vexing that one is driven to fashion a doctrine that shouldn’t be questioned. While such doctrines provide people with intellectual comfort and moral certainty, it is debatable whether they provide justice.

States. It was not easy for Chinese to get into the country. In 1882 Congress had passed a law suspending the entry of Chinese laborers and “all persons of the Chinese race” except officials, teachers, students, tourists, and merchants, at the same time formally prohibiting the naturalization of Chinese. The 1882 Act was the culmination of decades of anti-Chinese propaganda and discrimination. In 1852 California Governor John Bigler described Chinese immigrants as “contract coolies, avaricious, ignorant of moral obligations, incapable of being assimilated and dangerous to the welfare of the state.” In 1854 the California Supreme Court reversed the conviction of a white man for killing a Chinese miner by invoking Section 14 of the California Criminal Act, which specified that “no Black or mulatto person, or Indian shall be allowed to give evidence in favor of, or against a white man.” In support of the decision Chief Justice Hugh Murray declared that “to let Chinese testify in a court of law would admit them to all the equal rights of citizenship. And then we might see them at the polls, in the jury box, upon the bench, and in our legislative halls.” In 1879 the California State constitution prohibited corporations and municipal works from hiring Chinese and authorized cities to remove Chinese from their boundaries.1 My father never told us how he got around the restrictions of the Exclusion Act, and we knew better than to probe because it was generally understood that the distinction between being here legally and illegally was a shadowy one.

To understand why the angels praise God as fervently when he condemns as when he saves a man, you must know that there are two chief reasons for blessing him which include all others. The first is his mercy, the second his justice. If he saves a soul, the angels praise him for his mercy; if he condemns it, they bless him for his justice. Thus, for diverse reasons, they thank him equally for all he does.

Reading the fascinating transcript of the trial has the effect of demythologizing both the heroes and the villains. For example, Justice Robert Jackson, the American chief prosecutor and hero of Nuremberg, is shown as a bungling cross-examiner who loses virtually every verbal battle with Göring. Jackson was unprepared and sloppy, while Göring was ready for every question with a precise Germanic recollection. At

When we blame those who brought about the brutal murder of Emmett Till, we have to count President Eisenhower, who did not consider the national honor at stake when white Southerners prevented African Americans from voting; who would not enforce the edicts of the highest court in the land, telling Chief Justice Earl Warren, 'All [opponents of desegregation] are concerned about is to see that their sweet little girls are not required to sit in schools alongside some big, overgrown Negroes.' We must count Attorney General Herbert Brownell Jr., who demurred that the federal government had no jurisdiction in the political assassinations of George Lee and Lamar Smith that summer, thus not only preventing African Americans from voting but also enabling Milam and Bryant to feel confident that they could murder a fourteen-year-old boy with impunity. Brownell, a creature of politics, likewise refused to intervene in the Till case. We must count the politicians who ran for office in Mississippi thumping the podium for segregation and whipping crowds into a frenzy about the terrifying prospects of school desegregation and black voting. This goes double for the Citizens' Councils, which deliberately created an environment in which they knew white terrorism was inevitable. We must count the jurors and the editors who provided cover for Milam, Bryant, and the rest. Above all, we have to count the millions of citizens of all colors and in all regions who knew about the rampant racial injustice in America and did nothing to end it. The black novelist Chester Himes wrote a letter to the New York Post the day he heard the news of Milam's and Bryant's acquittals: 'The real horror comes when your dead brain must face the fact that we as a nation don't want it to stop. If we wanted to, we would.

In fact, only six days later, with Chief Justice Marshall not participating, the Court avoided a possible constitutional confrontation. Voting 5–0 in Stuart v. Laird (1803), the justices upheld Congress’s repeal of the Judiciary Act of 1801, a move some historians see as reflecting the Court’s unwillingness to test the full dimensions of the power it had just claimed for itself. More than half a century would pass before the Supreme Court again declared an act of Congress unconstitutional. That was the Dred Scott decision of 1857 (Scott v. Sandford), invalidating the Missouri Compromise and holding that Congress lacked authority to abolish slavery in the territories. That notorious decision, a step on the road to the Civil War, was perhaps not the best advertisement for judicial review. But since then, the Court has lost its early reticence. It has declared acts of Congress unconstitutional more than 150 times.

This reality of the Honour of the Crown is an important Aboriginal contribution to justice for all Canadians. In fact, I believe that non-Aboriginals could use it in many government-related cases. Chief Delbert Guerin, who led this long and difficult fight, died in May 2014. He was one of the great figures of contemporary Canada. By formally reintroducing ethics into the core of public administration, he changed the way we must think of ourselves. We owe him a great deal.

The Constitutional Convention quickly agreed to the proposal of Governor Edmund Randolph of Virginia for a national government of three branches: legislative, executive, and judicial. Randolph’s resolution “that a national Judiciary be established” passed unanimously. Debating and defining the powers of Congress in Article I and of the president in Article II consumed much of the delegates’ attention and energy. Central provisions of Article III were the product of compromise and, in its fewer than five hundred words, the article left important questions unresolved. Lacking agreement on a role for lower courts, for example, the delegates simply left it to Congress to decide how to structure them. The number of justices remained unspecified. Article III itself makes no reference to the office of chief justice, to whom the Constitution (in Article I) assigns only one specific duty, that of presiding over a Senate trial in a presidential impeachment.

Progressives today are quick to fault “America” for slavery and a host of other outrages. America did this, America did that. As we will see in this book, America didn’t do those things, the Democrats did. So the Democrats have cleverly foisted their sins on America, and then presented themselves as the messiahs offering redemption for those sins. It’s crazy, but it’s also ingenious. We have to give them credit for ingenuity. The second whitewash is to portray the Civil War entirely in terms of the North versus the South. The North is supposedly the anti-slavery side and the South is the pro-slavery side. A recent example is Ta-Nehisi Coates’s article about the Confederate battle flag in The Atlantic.3 Now of course there is an element of truth in this, in that the Civil War was fought between northern states and southern states. But this neat and convenient division ignores several important details. First, the defenders of the Confederate cause were, almost without exception, Democrats. Coates cites many malefactors from Senator Jefferson Davis to Senator James Henry Hammond to Georgia Governor Joseph Brown. Yet while identifying these men as southerners and Confederates, Coates omits to identify them as Democrats. Second, Coates and other progressives conveniently ignore the fact that northern Democrats were also protectors of slavery. We will see in this chapter how Stephen Douglas and other northern Democrats fought to protect slavery in the South and in the new territories. Moreover, the southerners who fought for the Confederacy cannot be said to have fought merely to protect slavery on their plantations. Indeed, fewer than one-third of white families in the South on the eve of the Civil War had slaves. Thus the rigid North-South interpretation of the Civil War conceals—and is intended to conceal—the active complicity of Democrats across the country to save, protect, and even extend the “peculiar institution.” As the Charleston Mercury editorialized during the secession debate, the duty of the South was to “rally under the banner of the Democratic Party which has recognized and supported . . . the rights of the South.”4 The real divide was between the Democratic Party as the upholder of slavery and the Republican Party as the adversary of slavery. All the figures who upheld and defended American slavery—Senators John C. Calhoun and Stephen Douglas, President James Buchanan, Supreme Court Chief Justice Roger Taney, architect of the Dred Scott decision, and the main leaders of the Confederacy—were Democrats. All the heroes of black emancipation—from the black abolitionists Sojourner Truth and Frederick Douglass, to the woman who organized the Underground Railroad, Harriet Tubman, to the leader whose actions finally destroyed American slavery, Abraham Lincoln—were Republicans. It is of the utmost importance to progressive propagandists to conceal or at least ignore this essential historical truth.

PERSONS OF THE PLAY JAMES HOW, solicitor WALTER HOW, solicitor ROBERT COKESON, their managing clerk WILLIAM FALDER, their junior clerk SWEEDLE, their office-boy WISTER, a detective COWLEY, a cashier MR. JUSTICE FLOYD, a judge HAROLD CLEAVER, an old advocate HECTOR FROME, a young advocate CAPTAIN DANSON, V.C., a prison governor THE REV. HUGH MILLER, a prison chaplain EDWARD CLEMENT, a prison doctor WOODER, a chief warder MOANEY, convict CLIFTON, convict O’CLEARY, convict RUTH HONEYWILL, a woman

In comparison with the justice exercised with sovereign power by traditional chiefs, the kings of justice, by the powerful of crooked judgments, Hesiodic justice, going from the decree of Zeus to the order of the world, and from this to peasant vigilance and exactness, to the interplay of good understanding and debts repaid, calls for a whole transfer of sovereignty. Calls for it, but does not record it, for at the time of Works and Days justice is institutionalized only in the hands of the kings of justice.

To Konstantin the peasant was simply the chief partner in their common labor, and in spite of all the respect and the love, almost like that of kinship, he had for the peasant—sucked in probably, as he said himself, with the milk of his peasant nurse—still as a fellow-worker with him, while sometimes enthusiastic over the vigor, gentleness, and justice of these men, he was very often, when their common labors called for other qualities, exasperated with the peasant for his carelessness, lack of method, drunkenness, and lying.

France aspired, in other words, to create a situation whereby “every ambition and unjust enterprise [would] find both its condemnation and a perpetual obstacle.” This might sound like a grand, unattainable ideal, he said, but Europe really had no choice. Without such principles in place, held firm and rigorously guarded, international affairs would soon degenerate into a reckless pursuit of self-interest and power—just as that reckless scramble had plunged the Continent into that “long and deadly horror” of the last quarter century. Now that Napoleon was defeated, Europe must take this opportunity to crown justice as the “chief virtue” of international affairs. Leaders of states must pledge that they would never act nor acquiesce in any deed that could not be considered just, “whatever consideration [that] may arise,” because only justice, he said, can produce a true state of harmony and stability. Anything short of that would create a misleading and meaningless false order, destined to collapse when the first powerful state decided to take advantage of its superior strength.

For all its idyllic charm, and in the joy of companionship of Sita, Rama never lost sight of his main purpose in settling down in this region—he had come here to encounter and destroy the asuras, the fiends who infested this area, causing suffering and hardship to all the good souls who only wanted to be left alone to pursue their spiritual aims in peace. Rama’s whole purpose of incarnation was ultimately to destroy Ravana, the chief of the asuras, abolish fear from the hearts of men and gods, and establish peace, gentleness, and justice in the world.

a 1960 self-published broadside, A Business Man Looks at Communism, Koch claimed that “the Communists have infiltrated both the Democrat [sic] and Republican Parties.” Protestant churches, public schools, universities, labor unions, the armed services, the State Department, the World Bank, the United Nations, and modern art, in his view, were all Communist tools. He wrote admiringly of Benito Mussolini’s suppression of Communists in Italy and disparagingly of the American civil rights movement. The Birchers agitated to impeach Chief Justice Earl Warren after the Supreme Court voted to desegregate the public schools in the case Brown v. Board of Education, which had originated in Topeka, in the Kochs’ home state of Kansas. “The colored man looms large in the Communist plan to take over America,” Fred Koch claimed in his pamphlet. Welfare in his view was a secret plot to attract rural blacks to cities, where he predicted that they would foment “a vicious race war.” In a 1963 speech, Koch claimed that Communists would “infiltrate the highest offices of government in the U.S. until the President is a Communist, unknown to the rest of us.

It had long been the more or less definitely expressed theory of the North that all the chief problems of Emancipation might be settled by establishing the slaves on the forfeited lands of their masters—a sort of poetic justice, said some. But this poetry done into solemn prose meant either wholesale confiscation of private property in the South or vast appropriations. Now Congress had not appropriated a cent, and no sooner did the proclamations of general amnesty appear than the eight hundred thousand acres of abandoned lands in the hands of the Freedmen’s Bureau melted quickly away.

Pedigree was the centerpiece of Supreme Court chief justice Roger B. Taney’s majority opinion in the Dred Scott decision (1857). Though this case assessed whether a slave taken into a free state or federal territory should be set free, its conclusions were far more expansive. Addressing slavery in the territories, the proslavery Marylander dismissed Jefferson’s prohibition of slavery in the Northwest Ordinance as having no constitutional standing. He constructed his own version of the original social contract at the time of the Revolution, the Declaration of Independence, and the Constitutional Convention: only the free white children of the founding generation were heirs to the original agreement; only pedigree could determine who inherited American citizenship and whose racial lineage warranted entitlement and the designation “freeman.” Taney’s opinion mattered because it literally made pedigree into a constitutional principle. In this controversial decision, Taney demonstrably rejected any notion of democracy and based the right of citizenship on bloodlines and racial stock. The chief justice ruled that the founders’ original intent was to classify members of society in terms of recognizable breeds.

Article II creates an office, President of the United States, that remains a kind of inkblot onto which generations of Americans have projected their hopes and fears. There is no Homeric catalogue of presidential powers; at the same time, there is no Levitical set of prohibitions. Article I names (and thus demands the existence of) officials from other branches—the vice president to preside, the chief justice to oversee presidential impeachment trials. Article I also dictates some officers and internal organization of the Houses of Congress—there will be a speaker for the House, a president pro tempore for the Senate. By contrast, Article II has nothing to say about the internal organization of the “executive branch”; it does not mention a Cabinet or any specific official below the president. Article I sets out a list of things that Congress may do and the states may not. Article II tells us nothing about the president’s relationship to the states; it is as if they are to be acquainted only through Congress. Article I tells us in detail what Congress may not do; Article II says almost nothing about what the president may not do. Article II tells us there will be a president, and it tells us (quite ineptly) how the president will be picked. But what exactly this president will do—and must not do—is left almost completely to the readers’ imagination.

Jonathan Trumbull, as Governor of Connecticut, in official proclamation: 'The examples of holy men teach us that we should seek Him with fasting and prayer, with penitent confession of our sins, and hope in His mercy through Jesus Christ the Great Redeemer.” Proclamation for a Day of Fasting and Prayer, March 9, 1774' Samuel Chase, while Chief Justice of Maryland,1799 (Runkel v Winemiller) wrote: 'By our form of government, the Christian religion is the established religion...' The Pennsylvania Supreme court held (Updegraph v The Commonwealth), 1824: 'Christianity, general Christianity, is and always has been a part of the common law...not Christianity founded on any particular religious tenets; not Christianity with an established church, but Christianity with liberty of conscience to all men...' In Massachusetts, the Constitution reads: 'Any every denomination of Christians, demeaning themselves peaceably, and as good subjects of the commonwealth, shall be equally under the protection of the law: and no subordination of any one sect or denomination to another shall ever be established by law.' Samuel Adams, as Governor of Massachusetts in a Proclamation for a Day of Fasting and Prayer, 1793: 'we may with one heart and voice humbly implore His gracious and free pardon through Jesus Christ, supplicating His Divine aid . . . [and] above all to cause the religion of Jesus Christ, in its true spirit, to spread far and wide till the whole earth shall be filled with His glory.' Judge Nathaniel Freeman, 1802. Instructed Massachusetts Grand Juries as follows: "The laws of the Christian system, as embraced by the Bible, must be respected as of high authority in all our courts... . [Our government] originating in the voluntary compact of a people who in that very instrument profess the Christian religion, it may be considered, not as republic Rome was, a Pagan, but a Christian republic." Josiah Bartlett, Governor of New Hampshire, in an official proclamation, urged: 'to confess before God their aggravated transgressions and to implore His pardon and forgiveness through the merits and mediation of Jesus Christ . . . [t]hat the knowledge of the Gospel of Jesus Christ may be made known to all nations, pure and undefiled religion universally prevail, and the earth be fill with the glory of the Lord.' Chief Justice James Kent of New York, held in 1811 (People v Ruggles): '...whatever strikes at the root of Christianity tends manifestly to the dissolution of civil government... We are a Christian people, and the morality of the country is deeply engrafted upon Christianity... Christianity in its enlarged sense, as a religion revealed and taught in the Bible, is part and parcel of the law of the land...

Such is Fascist planning-the planning of those who reject the ideal postulates of Christian civilization and of the older Asiatic civilization which preceded ti and from which it derived-the planning of men whose intentions are avowedly bad. Let us now consider examples of planning by political leaders who accept the ideal postulates, whose intentions are good. The first thing to notice is that none of these men accepts the ideal postulates whole-heartedly. All believe that desirable ends can be achieved by undesirable means. Aiming to reach goals diametrically opposed to those of Fascism, they yet persist in taking the same roads as are taken by the Duces and Fuehrers. They are pacifists, but pacifists who act on the theory that peace can be achieved by means of war; they are reformers and revolutionaries, but reformers who imagine that unfair and arbitrary acts can produce social justice, revolutionaries who persuade themselves that the centralization of power and the enslavement of the masses can result in liberty for all. Revolutionary Russia has the largest army in the world; a secret police, that for ruthless efficiency rivals the German or the Italian; a rigid press censorship; a system of education that, since Stalin "reformed" it, is as authoritarian as Hitler's; an all-embracing system of military training that is applied to women and children as well as men; a dictator as slavishly adored as the man-gods of Rome and Berlin; a bureaucracy, solidly entrenched as the new ruling class and employing the powers of the state to preserve its privileges and protect its vested interests; an oligarchical party which dominates the entire country and within which there is no freedom even for faithful members. (Most ruling castes are democracies so far as their own members are concerned. Not so the Russian Communist Party, in which the Central Executive Committee acting through the Political Department, can override or altogether liquidate any district organization whatsoever.) No opposition is permitted in Russia. But where opposition is made illegal, it automatically goes underground and becomes conspiracy. Hence the treason trials and purges of 1936 and 1937. Large-scale manipulations of the social structure are pushed through against the wishes of the people concerned and with the utmost ruthlessness. (Several million peasants were deliberately starved to death in 1933 by the Soviet planners.) Ruthlessness begets resentment; resentment must be kept down by force. As usual the chief result of violence is the necessity to use more violence. Such then is Soviet planning-well-intentioned, but making use of evil means that are producing results utterly unlike those which the original makers of the revolution intended to produce.

The justice hearing thereof (whose name is Mr Francis Wingate), forthwith issued out his warrant to take me, and bring me before him, and in the meantime to keep a very strong watch about the house where the meeting should be kept, as if we that were to meet together in that place did intend to do some fearful business, to the destruction of the country; when alas! the constable, when he came in, found us only with our Bibles in our hands, ready to speak and hear the word of God; for we were just about to begin our exercise.  Nay, we had begun in prayer for the blessing of God upon our opportunity, intending to have preached the word of the Lord unto them there present: but the constable coming in prevented us. 

When the battle resumed in 1995, the Court’s target was an obscure federal statute that barred possession of guns near school buildings. Since every state had a similar law, the fate of the federal law, the Gun-Free School Zones Act, was of little moment. Nonetheless, the decision invalidating the statute, United States v. Lopez, ushered in the Rehnquist Court’s federalism revolution. Writing for the majority, Chief Justice Rehnquist said that to uphold the statute would be to blur the “distinction between what is truly national and what is truly local.” This analysis implied an end to the long period during which the Court permitted Congress to decide for itself whether the distinction between national and local mattered for any particular piece of legislation. The vote was 5 to 4, with the dissenters quick to point out the implications. Justice Souter warned that “it seems fair to ask whether the step taken by the Court today does anything but portend a return to the untenable jurisprudence from which the Court extricated itself almost sixty years ago.” There followed, in quick succession, a series of closely divided decisions that constricted congressional authority not only under the Commerce Clause but also under the Fourteenth Amendment. Section 5 of the Fourteenth Amendment gives Congress “the power to enforce, by appropriate legislation, the provisions of this article”—namely, the guarantees of due process and equal protection provided by the amendment’s Section 1.

From that point of view he gazed at the Oriental beauty he had not seen before. It seemed strange to him that his long-felt wish, which had seemed unattainable, had at last been realized. In the clear morning light he gazed now at the city and now at the plan, considering its details, and the assurance of possessing it agitated and awed him. "But could it be otherwise?" he thought. "Here is this capital at my feet. Where is Alexander now, and of what is he thinking? A strange, beautiful, and majestic city; and a strange and majestic moment! In what light must I appear to them!" thought he, thinking of his troops. "Here she is, the reward for all those fainthearted men," he reflected, glancing at those near him and at the troops who were approaching and forming up. "One word from me, one movement of my hand, and that ancient capital of the Tsars would perish. But my clemency is always ready to descend upon the vanquished. I must be magnanimous and truly great. But no, it can't be true that I am in Moscow," he suddenly thought. "Yet here she is lying at my feet, with her golden domes and crosses scintillating and twinkling in the sunshine. But I shall spare her. On the ancient monuments of barbarism and despotism I will inscribe great words of justice and mercy… . It is just this which Alexander will feel most painfully, I know him." (It seemed to Napoleon that the chief import of what was taking place lay in the personal struggle between himself and Alexander.) "From the height of the Kremlin—yes, there is the Kremlin, yes—I will give them just laws; I will teach them the meaning of true civilization, I will make generations of boyars remember their conqueror with love. I will tell the deputation that I did not, and do not, desire war, that I have waged war only against the false policy of their court; that I love and respect Alexander and that in Moscow I will accept terms of peace worthy of myself and of my people. I do not wish to utilize the fortunes of war to humiliate an honored monarch. 'Boyars,' I will say to them, 'I do not desire war, I desire the peace and welfare of all my subjects.' However, I know their presence will inspire me, and I shall speak to them as I always do: clearly, impressively, and majestically. But can it be true that I am in Moscow? Yes, there she lies.

A story best told at speed. After finals, more exams, then the call to the bar, pupillage, a lucky invitation to prestigious chambers, some early success defending hopeless cases—how sensible it had seemed, to delay a child until her early thirties. And when those years came, they brought complex worthwhile cases, more success. Jack was also hesitant, arguing for holding back another year or two. Mid-thirties then, when he was teaching in Pittsburgh and she worked a fourteen-hour day, drifting deeper into family law as the idea of her own family receded, despite the visits of nephews and nieces. In the following years, the first rumors that she might be elected precociously to the bench and required to be on circuit. But the call didn’t come, not yet. And in her forties, there sprang up anxieties about elderly gravids and autism. Soon after, more young visitors to Gray’s Inn Square, noisy demanding great-nephews, great-nieces, reminded her how hard it would be to squeeze an infant into her kind of life. Then rueful thoughts of adoption, some tentative inquiries—and throughout the accelerating years that followed, occasional agonies of doubt, firm late-night decisions concerning surrogate mothers undone in the early-morning rush to work. And when at last, at nine thirty one morning at the Royal Courts of Justice, she was sworn in by the Lord Chief Justice and took her oath of allegiance and her Judicial Oath before two hundred of her bewigged colleagues, and she stood proudly before them in her robes, the subject of a witty speech, she knew the game was up; she belonged to the law as some women had once been brides of Christ.

1:THE “CRISIS”: Although Chief Judge Bazelon said in 1960 that “we desperately need all the help we can get from modern behavioral scientists”69 in dealing with the criminal law, the cold facts suggest no such desperation or crisis. Since the most reliable long-term crime data are on murder, what was the murder rate at that point? The number of murders committed in the United States in 1960 was less than in 1950, 1940, or 1930—even though the population was growing over those decades and murders in the two new states of Hawaii and Alaska were counted in the national statistics for the first time in 1960.70 The murder rate, in proportion to population, was in 1960 just under half of what it had been in 1934.71 As Judge Bazelon saw the criminal justice system in 1960, the problem was not with “the so-called criminal population”72 but with society, whose “need to punish” was a “primitive urge” that was “highly irrational”73—indeed, a “deep childish fear that with any reduction of punishment, multitudes would run amuck.”74 It was this “vindictiveness,” this “irrationality” of “notions and practices regarding punishment”75 that had to be corrected. The criminal “is like us, only somewhat weaker,” according to Judge Bazelon, and “needs help if he is going to bring out the good in himself and restrain the bad.”76 Society is indeed guilty of “creating this special class of human beings,” by its “social failure” for which “the criminal serves as a scapegoat.”77 Punishment is itself a “dehumanizing process” and a “social branding” which only promotes more crime.78 Since criminals “have a special problem and need special help,” Judge Bazelon argued for “psychiatric treatment” with “new, more sophisticated techniques” and asked: Would it really be the end of the world if all jails were turned into hospitals or rehabilitation centers?79

The liberal ideals of the Enlightenment could be realized only in very partial and limited ways in the emerging capitalist order: "Democracy with its mono of equality of all citizens before the law and Liberalism with its right of man over his own person both were wrecked on the realities of capitalist economy," Rocker correctly observed. Those who are compelled to rent themselves to owners of capital in order to survive are deprived of one of the most fundamental rights: the right to productive, creative and fulfilling work under one's own control, in solidarity with others. And under the ideological constraints of capitalist democracy, the prime necessity is to satisfy the needs of those in a position to make investment decisions; if their demands are not satisfied, there will be no production, no work, no social services, no means for survival. All necessarily subordinate themselves and their interests to the overriding need to serve the interests of the owners and managers of the society, who, furthermore, with their control over resources, are easily able to shape the ideological system (the media, schools, universities and so on) in their interests, to determine the basic conditions within which the political process will function, its parameters and basic agenda, and to call upon the resources of state violence, when need be, to suppress any challenge to entrenched power. The point was formulated succinctly in the early days of the liberal democratic revolutions by John Jay, the President of the Continental Congress and the first Chief Justice of the United States Supreme Court: "The people who own the country ought to govern it." And, of course, they do, whatever political faction may be in power. Matters could hardly be otherwise when economic power is narrowly concentrated and the basic decisions over the nature and character of life, the investment decisions, are in principle removed from democratic control.

Self-Confidence Formula First. I know that I have the ability to achieve the object of my Definite Purpose in life, therefore, I DEMAND of myself persistent, continuous action toward its attainment, and I here and now promise to render such action. Second. I realize the dominating thoughts of my mind will eventually reproduce themselves in outward, physical action, and gradually transform themselves into physical reality, therefore, I will concentrate my thoughts for thirty minutes daily, upon the task of thinking of the person I intend to become, thereby creating in my mind a clear mental picture of that person. Third. I know through the principle of auto-suggestion, any desire that I persistently hold in my mind will eventually seek expression through some practical means of attaining the object back of it, therefore, I will devote ten minutes daily to demanding of myself the development of SELF-CONFIDENCE. Fourth. I have clearly written down a description of my DEFINITE CHIEF AIM in life, and I will never stop trying, until I shall have developed sufficient self-confidence for its attainment. Fifth. I fully realize that no wealth or position can long endure, unless built upon truth and justice, therefore, I will engage in no transaction which does not benefit all whom it affects. I will succeed by attracting to myself the forces I wish to use, and the cooperation of other people. I will induce others to serve me, because of my willingness to serve others. I will eliminate hatred, envy, jealousy, selfishness, and cynicism, by developing love for all humanity, because I know that a negative attitude toward others can never bring me success. I will cause others to believe in me, because I will believe in them, and in myself. I will sign my name to this formula, commit it to memory, and repeat it aloud once a day, with full FAITH that it will gradually influence my THOUGHTS and ACTIONS so that I will become a self-reliant, and successful person.

I here behold a Commander in Chief who looks idle and is always busy; who has no other desk than his knees, no other comb than his fingers; constantly reclined on his couch, yet sleeping neither in night nor in daytime. A cannon shot, to which he himself is not exposed, disturbs him with the idea that it costs the life of some of his soldiers. Trembling for others, brave himself, alarmed at the approach of danger, frolicsome when it surrounds him, dull in the midst of pleasure, surfeited with everything, easily disgusted, morose, inconstant, a profound philosopher, an able minister, a sublime politician, not revengeful, asking pardon for a pain he has inflicted, quickly repairing an injustice, thinking he loves God when he fears the Devil; waving one hand to the females that please him, and with the other making the sign of the cross; receiving numberless presents from his sovereign and distributing them immediately to others; preferring prodigality in giving, to regularity in paying; prodigiously rich and not worth a farthing; easily prejudiced in favor of or against anything; talking divinity to his generals and tactics to his bishops; never reading, but pumping everyone with whom he converses; uncommonly affable or extremely savage, the most attractive or most repulsive of manners; concealing under the appearance of harshness, the greatest benevolence of heart, like a child, wanting to have everything, or, like a great man, knowing how to do without; gnawing his fingers, or apples, or turnips; scolding or laughing; engaged in wantonness or in prayers, summoning twenty aides de camp and saying nothing to any of them, not caring for cold, though he appears unable to exist without furs; always in his shirt without pants, or in rich regimentals; barefoot or in slippers; almost bent double when he is at home, and tall, erect, proud, handsome, noble, majestic when he shows himself to his army like Agamemnon in the midst of the monarchs of Greece. What then is his magic? Genius, natural abilities, an excellent memory, artifice without craft, the art of conquering every heart; much generosity, graciousness, and justice in his rewards; and a consummate knowledge of mankind. There

The Communist world, it may be noted, has one big myth (which we call an illusion, in the vein hope that our superior judgment will make it disappear). It is the time-hallowed archetypal dream of a Golden Age (or Paradise), where everything is provided in abundance for everyone, and a great, just, and wise chief rules over a human kindergarten. This powerful archetype in its infantile form has gripped them, but it will never disappear from the world at the mere sight of our superior point of view. We even support it by our own childishness, for our Western Civilization is in the grip of the same mythology. Unconsciously, we cherish the same prejudices, hopes, and expectations. We too believe in the welfare state, in universal peace, in the equality of man, in his eternal human rights, in Justice, truth, and (do not say it too loudly) in the Kingdom of God on Earth... the sad truth is that man's real life consists of a complex of inexorable opposites-- day and night, birth and death, happiness and misery, good and evil. We are not even sure that the one will prevail against the other, that good will overcome evil, or Joy defeat pain. Life is a battleground. It always has been, and always will be; and if it were not so, existence would come to an end.

An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the Founders sought to nullify in the Constitution. In the words of James Madison, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” What would Benjamin Franklin think of President Bush’s assertion that he has the inherent power, even without a declaration of war by the Congress, to launch an invasion of any nation on earth, at any time he chooses, for any reason he wishes, even if that nation poses no imminent threat to the United States? How long would it take James Madison to dispose of our current president’s claim, in Department of Justice legal opinions, that he is largely above the rule of law so long as he is acting in his role as commander in chief? I think it is safe to say that our Founders would be genuinely concerned about these recent developments in American democracy and that they would feel that we, here, are now facing a clear and present danger with the potential to threaten the future of the American experiment. Shouldn’t we be equally concerned, and shouldn’t we ask ourselves how it is that we have come to this point? In the name of security, this administration has attempted to relegate the Congress and the courts to the sidelines and replace our democratic system of checks and balances with an unaccountable executive. And all the while, it has constantly angled for new ways to exploit the sense of crisis for partisan gain and political dominance.

1. I know that I have the ability to achieve the object of my Definite Purpose in life. Therefore I demand of myself persistent, continuous action towards its attainment, and I here and now promise to take such action. 2. I realise the dominating thoughts of my mind will eventually reproduce themselves in outward, physical action and gradually transform themselves into physical reality. Therefore I will concentrate my thoughts for 30 minutes daily upon the task of thinking of the person I intend to become, thereby creating in my mind a clear mental picture of that person. 3. I know through the principle of autosuggestion that any desire I persistently hold in my mind will eventually seek expression through some practical means of attaining the object. Therefore I will devote 10 minutes daily to demanding of myself the development of self-confidence . 4. I have clearly written down a description of my Definite Chief Aim in life. I will never stop trying until I have developed sufficient self-confidence for its attainment. 5. I fully realise that no wealth or position can long endure unless built upon truth and justice. Therefore I will engage in no transaction that does not benefit all whom it affects. I will succeed by attracting to myself the forces I wish to use, and the cooperation of other people. I will induce others to serve me because of my willingness to serve others. I will eliminate hatred, envy, jealousy, selfishness and cynicism by developing love for all humanity because I know that a negative attitude towards others can never bring me success. I will cause others to believe in me, because I will believe in them, and in myself. I will sign my name to this formula, commit it to memory and repeat it aloud once a day, with full faith that it will gradually influence my thoughts and actions so that I will become a self-reliant and successful person.

Though Hoover conceded that some might deem him a “fanatic,” he reacted with fury to any violations of the rules. In the spring of 1925, when White was still based in Houston, Hoover expressed outrage to him that several agents in the San Francisco field office were drinking liquor. He immediately fired these agents and ordered White—who, unlike his brother Doc and many of the other Cowboys, wasn’t much of a drinker—to inform all of his personnel that they would meet a similar fate if caught using intoxicants. He told White, “I believe that when a man becomes a part of the forces of this Bureau he must so conduct himself as to remove the slightest possibility of causing criticism or attack upon the Bureau.” The new policies, which were collected into a thick manual, the bible of Hoover’s bureau, went beyond codes of conduct. They dictated how agents gathered and processed information. In the past, agents had filed reports by phone or telegram, or by briefing a superior in person. As a result, critical information, including entire case files, was often lost. Before joining the Justice Department, Hoover had been a clerk at the Library of Congress—“ I’m sure he would be the Chief Librarian if he’d stayed with us,” a co-worker said—and Hoover had mastered how to classify reams of data using its Dewey decimal–like system. Hoover adopted a similar model, with its classifications and numbered subdivisions, to organize the bureau’s Central Files and General Indices. (Hoover’s “Personal File,” which included information that could be used to blackmail politicians, would be stored separately, in his secretary’s office.) Agents were now expected to standardize the way they filed their case reports, on single sheets of paper. This cut down not only on paperwork—another statistical measurement of efficiency—but also on the time it took for a prosecutor to assess whether a case should be pursued.

Shortly before you were born, I was pulled over by the PG County police, the same police that all the D.C. poets had warned me of. They approached on both sides of the car, shining their flashing lights through the windows. They took my identification and returned to the squad car. I sat there in terror. By then I had added to the warnings of my teachers what I’d learned about PG County through reporting and reading the papers. And so I knew that the PG County police had killed Elmer Clay Newman, then claimed he’d rammed his own head into the wall of a jail cell. And I knew that they’d shot Gary Hopkins and said he’d gone for an officer’s gun. And I knew they had beaten Freddie McCollum half-blind and blamed it all on a collapsing floor. And I had read reports of these officers choking mechanics, shooting construction workers, slamming suspects through the glass doors of shopping malls. And I knew that they did this with great regularity, as though moved by some unseen cosmic clock. I knew that they shot at moving cars, shot at the unarmed, shot through the backs of men and claimed that it had been they who’d been under fire. These shooters were investigated, exonerated, and promptly returned to the streets, where, so emboldened, they shot again. At that point in American history, no police department fired its guns more than that of Prince George’s County. The FBI opened multiple investigations—sometimes in the same week. The police chief was rewarded with a raise. I replayed all of this sitting there in my car, in their clutches. Better to have been shot in Baltimore, where there was the justice of the streets and someone might call the killer to account. But these officers had my body, could do with that body whatever they pleased, and should I live to explain what they had done with it, this complaint would mean nothing. The officer returned. He handed back my license. He gave no explanation for the stop.

The future of the world no longer disturbs me; I do not try still to calculate, with anguish, how long or how short a time the Roman peace will endure; I leave that to the gods. Not that I have acquired more confidence in their justice, which is not our justice, or more faith in human wisdom; the contrary is true. Life is atrocious, we know. But precisely because I expect little of the human condition, man’s periods of felicity, his partial progress, his efforts to begin over again and to continue, all seem to me like so many prodigies which nearly compensate for the monstrous mass of ills and defeats, of indifference and error. Catastrophe and ruin will come; disorder will triumph, but order will too, from time to time. Peace will again establish itself between two periods of war; the words humanity, liberty, and justice will here and there regain the meaning which we have tried to give them. Not all our books will perish, nor our statues, if broken, lie unrepaired; other domes and other pediments will arise from our domes and pediments; some few men will think and work and feel as we have done, and I venture to count upon such continuators, placed irregularly throughout the centuries, and upon this kind of intermittent immortality. If ever the barbarians gain possession of the world they will be forced to adopt some of our methods; they will end by resembling us. Chabrias fears that the pastophor of Mithra or the bishop of Christ may implant himself one day in Rome, replacing the high pontiff. If by ill fate that day should come, my successor officiating in the vatical fields along the Tiber will already have ceased to be merely the chief of a gang, or of a band of sectarians, and will have become in his turn one of the universal figures of authority. He will inherit our palaces and our archives, and will differ from rulers like us less than one might suppose. I accept with calm these vicissitudes of Rome eternal.

At the very moment that they are thanking God for the enjoyment of civil and religious liberty, and for the right to worship God according to the dictates of their own consciences, they are utterly silent in respect to a law which robs religion of its chief significance, and makes it utterly worthless to a world lying in wickedness. Did this law concern the “mint, anise, and cumin” — abridge the right to sing psalms, to partake of the sacrament, or to engage in any of the ceremonies of religion, it would be smitten by the thunder of a thousand pulpits. A general shout would go up from the church, demanding repeal, repeal, instant repeal! — And it would go hard with that politician who presumed to solicit the votes of the people without inscribing this motto on his banner. Further, if this demand were not complied with, another Scotland would be added to the history of religious liberty, and the stern old Covenanters would be thrown into the shade. A John Knox would be seen at every church door, and heard from every pulpit, and Fillmore would have no more quarter than was shown by Knox, to the beautiful, but treacherous queen Mary of Scotland. The fact that the church of our country, (with fractional exceptions), does not esteem “the Fugitive Slave Law” as a declaration of war against religious liberty, implies that that church regards religion simply as a form of worship, an empty ceremony, and not a vital principle, requiring active benevolence, justice, love and good will towards man. It esteems sacrifice above mercy; psalm-singing above right doing; solemn meetings above practical righteousness. A worship that can be conducted by persons who refuse to give shelter to the houseless, to give bread to the hungry, clothing to the naked, and who enjoin obedience to a law forbidding these acts of mercy, is a curse, not a blessing to mankind. The Bible addresses all such persons as “scribes, Pharisees, hypocrites, who pay tithe of mint, anise, and cumin, and have omitted the weightier matters of the law, judgment, mercy and faith.

Self-Confidence Formula First. I know that I have the ability to achieve the object of my Definite Purpose in life; therefore, I DEMAND of myself persistent, continuous action toward its attainment, and I here and now promise to render such action. Second. I realize that the dominating thoughts of my mind will eventually reproduce themselves in outward, physical action, and gradually transform themselves into physical reality; therefore, I will concentrate my thoughts for 30 minutes daily upon the task of thinking of the person I intend to become, thereby creating in my mind a clear mental picture of that person. Third. I know that through the principle of autosuggestion any desire that I persistently hold in my mind will eventually seek expression through some practical means of attaining the object back of it; therefore, I will devote ten minutes daily to demanding of myself the development of SELF-CONFIDENCE. Fourth. I have clearly written down a description of my DEFINITE CHIEF AIM in life, and I will never stop trying until I shall have developed sufficient self-confidence for its attainment.4 Fifth. I fully realize that no wealth or position can long endure unless built upon truth and justice; therefore, I will engage in no transaction that does not benefit all whom it affects. I will succeed by attracting to myself the forces I wish to use and the cooperation of other people. I will induce others to serve me because of my willingness to serve others. I will eliminate hatred, envy, jealousy, selfishness, and cynicism by developing love for all humanity—because I know that a negative attitude toward others can never bring me success. I will cause others to believe in me because I will believe in them and in myself. Sixth. I will sign my name to this formula, commit it to memory, and repeat it aloud once a day, with full FAITH that it will gradually influence my THOUGHTS and ACTIONS so that I will become a self-reliant and successful person. Back of this formula is a law of Nature which no one has yet been able to explain. It has baffled the scientists of all ages. The psychologists have named this the “Law of Autosuggestion” and let it go at that.