To: 45Auto
In 1943 Supreme Court Justice Jackson wrote, the very purpose of a Bill of Rights, "was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections." The 9th Circuit disagrees. Hopefully this was part of a decision and not mere personal opinion. This would be a nice precedent to build from.
6 posted on
12/10/2002 5:56:04 PM PST by
copycat
To: copycat
I think that quote is in the old Pledge of Allegiance/1st Amendment case. Barnette was the name, around 1940 or so.
11 posted on
12/11/2002 1:37:04 AM PST by
Sandy
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson