To know the laws is not to memorize their letter but to grasp their full force and meaning.
The law is an opinion with a gun.
The [Supreme] Court did not interpret the Constitution—the court amended it.
Referring to the Brown v. Board of Education, the Topeka, KS, Supreme Court school desegregation decision:
Like psychoanalysis, constitutional jurisprudence has become a game without rules. By defying the plain meaning of words, ignoring context and history, and using a little ingenuity, you can make the Constitution mean anything you like.
Most Americans want judges who will stick to interpreting the law rather than making it.
I think whether you are a judge on my court or whether you are a judge on a court of appeals or any court, and lawyers too - and if you're interested in law yourself, you'll be in the same situation - you have a text that isn't clear. If the text is clear, you follow the text. If the text isn't clear, you have to work out what it means. And that requires context.
As an attorney, I assure you the law isn't a line engraved in marble, immovable and unchangeable through the centuries. Rather the law is like a string, fixed at both ends but with a great deal of play in it very loose, the line of the law so you can stretch it this way or that, rearrange the arc of it so you are nearly always short of blatant theft or cold-blooded murder safely on the right side. That's a daunting thing to realize but true.
With all due respect to lawyers, it's wonderful that you have this intricate knowledge. You break down words to the nth degree. And sometimes I find it rather disgusting. And it goes on and on.
Will a nominee embrace and uphold the essential meaning of the four words inscribed above the entrance of the Supreme Court building: Equal justice under law?
The exception tests the rule.
The court is really the keeper of the conscience, and the conscience is the Constitution.
The law is like a string, fixed at both ends but with a great deal of play in it — very loose, the line of the law — so you can stretch it this way or that, rearrange the arc of it so you are nearly always — short of blatant theft or cold-blooded murder — safely on the right side. That's a daunting thing to realize but true.
In doubtful cases the more liberal interpretation must always be preferred.
It would be a narrow conception of jurisprudence to confine the notion of "laws" to what is found written on the statute books, and to disregard the gloss which life has written upon it.
[T]he true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law.
The most universal and effectual way of discovering the true meaning of law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it. for when this reason ceased, the law itself ought likewise to cease with it.