Quote of the moment: Frankfurter, on due process


Supreme Court Justice Felix Frankfurter, The Collection of the Supreme Court of the United States (Artist: Gardener Cox).  Born Vienna, Austria, 1894. Died 1965.

Supreme Court Justice Felix Frankfurter, The Collection of the Supreme Court of the United States (Artist: Gardener Cox). Born Vienna, Austria, 1894. Died 1965. Associate Justice, 1939-1962

It is now the settled doctrine of this Court that the Due Process Clause embodies a system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society as conceived by our whole history. Due Process is that which comports with the deepest notions of what is fair and right and just.

♦  Justice Felix Franfurter, dissenting in
Solesbee v. Balkcom, 339 U.S. 9, 16 (1950)

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6 Responses to Quote of the moment: Frankfurter, on due process

  1. Black Flag® says:

    He agrees the process turns evil into good.

    I already exampled the contradiction of fair.

    If I dislike guys named “Ed” and make a law against the use of that name, do you think its “fair” because “everyone” is subject to that law, including myself?

    That’s the problem with your ilk, Ed. You think “fair” is some sort of objective value. It isn’t. Hence, your ilk promotes much evil in the name of “fair”.

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  2. Ed Darrell says:

    You know, BF, Frankfurter was dissenting in this case. Maybe the rest of the court agreed with you. Did you think about maybe reading the case to see what’s up?

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  3. Ed Darrell says:

    You think Frankfurter agrees with you that “Jews were herded by ‘process of law?'”

    Take it up with him. Think about it for a while before you do.

    You’d think libertarians would appreciate fairness in the courts. It’s a puzzlement.

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  4. Black Flag® says:

    This is one example of the perversity and incoherence of government law;

    That the process makes evil into good.

    As long as the perversion is placed upon all, is process by some means, the perversion is magically made to be a moral good.

    The Jews were herded by “process of law” – such a moral principle, isn’t it?

    Like

  5. Black Flag® says:

    Yes, it is so fundamental that if a man who hates black, and makes a law against black, so declares “due process” claiming as long as every one cannot where black, its a “righteous law”.

    Like

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