Nomination of Robert H. Bork to be Associate Justice of the Supreme Court of the United States: Hearings Before the Committee on the Judiciary, United States Senate, One Hundredth Congress, First Session ... September 15, 16, 17, 18, 19, 21, 22, 23, 25, 28, 29, and 30, 1987U.S. Government Printing Office, 1989 - Judges |
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agency American antitrust believe BURGER Chairman Biden challenge Chief Justice citizens civil rights claims Committee Congress constitutional law constitutionality Court of Appeals criminal criticized D.C. Cir D.C. Circuit decision discrimination doctrine employees equal protection clause exclusionary rule executive favor federal courts FERC Fourteenth Amendment hearings House position paper issue Judge Bork Judge Bork wrote Judge Bork's opinion Judge Bork's record Judge Bork's views Judge Robert judicial restraint Judiciary Justice Powell Labor law enforcement Law School legislative Letter to Chairman liberties National Neutral Principles Panel police political Prepared Statement President Professor Public Citizen question racial reason rehearing en banc rejected Robert Bork Robert H rule Scalia Senator Hatch Senator HUMPHREY Senator KENNEDY Senator LEAHY Senator SIMPSON Senator Specter Senator Thurmond separation of powers September September 22 sexual Solicitor speech statute Supreme Court Testimony tion TRIBE United uphold White House position women
Popular passages
Page 1642 - The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive...
Page 1640 - The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.
Page 1925 - Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion.
Page 1638 - We are dealing here with legislation which involves one of the basic civil rights of man. Marriage and procreation are fundamental to the very existence and survival of the race.
Page 1640 - Under the doctrine of Meyer v. Nebraska, 262 US, 390, we think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control.
Page 2356 - The other is that while unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self-restraint.
Page 1674 - First, the statute must have a secular legislative purpose: second, its principal or primary effect must be one that neither advances nor inhibits religion: , , , finally, the statute must not foster "an excessive government entanglement with religion...
Page 1575 - It requires each employer to furnish to each of his employees, employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees and to comply with occupational safety and health standards promulgated under the act.
Page 1581 - The Court is most vulnerable and comes nearest to illegitimacy when it deals with judgemade constitutional law having little or no cognizable roots in the language or design of the Constitution.
Page 1646 - These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.* As we said in Noto v.