Had the jury convicted on proper instructions it would be the end of the matter. But juries are not bound by what seems inescapable logic to judges. Robert H. Jackson More Quotes by Robert H. Jackson More Quotes From Robert H. Jackson It is not the function of government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error. Robert H. Jackson errors government fall To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds. Robert H. Jackson patriotic political believe In our country are evangelists and zealots of many different political, economic and religious persuasions whose fanatical conviction is that all thought is divinely classified into two kinds - that which is their own and that which is false and dangerous. Robert H. Jackson government religious country The privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs, which we seek to condemn and punish, have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury, stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that power has ever paid to reason. Robert H. Jackson responsibility civilization hands Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. Robert H. Jackson achieve opinion liberty The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy. One's right to life, liberty and property, to free speech, a free press, freedom of worship and assembly may not be submitted to vote; they depend on no elections. Robert H. Jackson liberty political rights Intellectual freedom means the right to re-examine much that has been long taken for granted. A free man must be a reasoning man, and he must dare doubt what a legislative or electoral majority may most passionately assert. Robert H. Jackson taken men mean The common sense of mankind demands that law shall not stop with the punishment of petty crimes by little people. It must also reach men who possess themselves of great power. Robert H. Jackson law men people The price of freedom of religion or of speech or of the press is that we must put up with, and even pay for, a good deal of rubbish. Robert H. Jackson freedom inspirational religion If certain acts in violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us. Robert H. Jackson criminals united-states doe Reversal by a higher court is not proof that justice is thereby better done. There is no doubt that if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final. Robert H. Jackson finals doubt justice Freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. Robert H. Jackson freedom heart order Particularly when the war power is invoked to do things to the liberties of people, or to their property or economy that only indirectly affect conduct of the war and do not relate to the engagement of the war itself, the constitutional basis should be scrutinized with care. ... I would not be willing to hold that war powers may be indefinitely prolonged merely by keeping legally alive a state of war that had in fact ended. I cannot accept the argument that war powers last as long as the effects and consequences of war for if so they are permanent -- as permanent as the war debts. Robert H. Jackson power war long I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday. Robert H. Jackson yesterday reason-why today The most odious of all oppressions are those which mask as justice. Robert H. Jackson oppression truth justice The day that this country ceases to be free for irreligion it will cease to be free for religion - except for the sect that can win political power. Robert H. Jackson political winning country One's right to life, liberty, and property depends on the outcome of no election. Robert H. Jackson election outcomes liberty There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact. Robert H. Jackson bills suicide rights We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the prices is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. Robert H. Jackson heart attitude order I used to say that, as Solicitor General, I made three arguments of every case. First came the one that I planned-as I thought, logical, coherent, complete. Second was the one actually presented-interrupted, incoherent, disjointed, disappointing. The third was the utterly devastating argument that I thought of after going to bed that night. Robert H. Jackson bed law night
