Nomination of Arthur J. Goldberg: Hearings...87-2...September 11, 13 19621962 - 103 Seiten |
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action administration AFL-CIO amend the Constitution American American Communications Association Arthur Goldberg Associate Justice Attorney Bar Association believe bench Brandeis Chairman charges Chicago Chief Justice Communist Party confirmation Congress convention DEAR SENATOR EASTLAND decisions Department of Labor District evidence executive board executive council Exhibit expelled fact IFLWU international union interpret JAMES EASTLAND judge Justice Frankfurter Labor Department lawyer legislation letter List matter membership ment nomination of Arthur opinion organization overtime Plaintiff policies and activities position practice President question record rule Secretary Goldberg Secretary of Labor Senate Judiciary Committee Senate Office Building Senator ERVIN Senator HRUSKA Senator KEFAUVER Senator WILEY September Sincerely Soviet Union stare decisis statement Steelworkers stitution Supreme Court Justice tion trade union U.S. Senate U.S. Supreme Court United WALSH Washington wherein Workers of America York
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Seite 43 - It is important, likewise, that the habits of thinking in a free country should inspire caution, in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding, in the exercise of the powers of one department to encroach upon another.
Seite 43 - If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the constitution designates. But let there be no change by usurpation, for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance, in permanent evil, any partial or transient benefit which the use can at...
Seite 37 - There be three things which are too wonderful for me, yea, four which I know not: The way of an eagle in the air ; the way of a serpent upon a rock ; the way of a ship in the midst of the sea ; and the way of a man with a maid.
Seite 34 - Not only therefore can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government.
Seite 38 - That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.
Seite 35 - To avoid an arbitrary discretion in the Courts, it is indispensable that they should be bound down by strict rules and .precedents...
Seite 41 - Public sentiment and action effect such changes, and the courts recognize them; but a court or legislature which should allow a change in public sentiment to influence it in giving to a written Constitution a construction not warranted by the intention of its founders would be justly chargeable with reckless disregard of official oath and public duty, and, if its course could become a precedent, these instruments would be of little avail.
Seite 26 - ... general, and, as changes come in social and political life, it embraces in its grasp all new conditions which are within the scope of the powers in terms conferred. In other words, while the powers granted do not change, they apply, from generation to generation, to all things to which they are in their nature applicable. This in no manner abridges the fact of its changeless nature and meaning. Those things which are within its grants of power, as those grants were understood when made, are still...
Seite 42 - The fundamental conception of a judicial body is that of one hedged about by precedents which are binding on the court without regard to the personality of its members. Break down this belief in judicial continuity, and let it be felt that on great constitutional questions this court is to depart from the settled conclusions of its predecessors, and to determine them all according to the mere opinion of those who temporarily fill its bench, and our Constitution will, in my judgment, be bereft of...
Seite 43 - A just estimate of that love of power and proneness to abuse it which predominates in the human heart is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power by dividing and distributing it into different depositories and constituting each the guardian of the public weal against invasions by the others has been evinced by experiments ancient and modern, some of them in our country and under our own eyes. To preserve them must...