Frasi di Anthony Kennedy

Anthony McLeod Kennedy è stato un giudice della Corte Suprema degli Stati Uniti d'America, nominato dal Presidente Ronald Reagan, dal 1988 al 2018. Wikipedia  

✵ 23. Luglio 1936
Anthony Kennedy photo
Anthony Kennedy: 29   frasi 0   Mi piace

Anthony Kennedy Frasi e Citazioni

Anthony Kennedy: Frasi in inglese

“Our system presumes that there are certain principles that are more important than the temper of the times. And you must have a judge who is detached, who is independent, who is fair, who is committed only to those principles, and not public pressures of other sort.”

Interview: Justices Stephen Breyer and Anthony Kennedy, 1999-11-23, 2006-11-26 http://www.pbs.org/wgbh/pages/frontline/shows/justice/interviews/supremo.html, (Interviewed by Bill Moyers for the Frontline documentary "Justice for Sale").

“Indeed I do and I admire it. I am a practicing Catholic.”

Alleged response to conservative senator's statement that "I think you know where I stand on abortion" (exchange occurred at White House prior to Justice Kennedy’s nomination). Quoted in [Opinion Journal, Religion and the Court, Wall Street Journal, http://www.opinionjournal.com/editorial/feature.html?id=110007409, 1987 (date of quote) 16 October 2005 (date of article)] Later, Kennedy cast doubt upon that exchange (see p. 91 of 1987 confirmation transcript http://www.gpoaccess.gov/congress/senate/judiciary/sh100-1037/browse.html).

“Dignitary wounds cannot always be healed with the stroke of a pen.”

Obergefell v. Hodges, 576 U. S. ____, (2015), majority opinion.

“One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision — wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.”

[Unenumerated Rights and the Dictates of Judicial Restraint, Address to the Canadian Institute for Advanced Legal Studies, Stanford University. Palo Alto, California., http://web.archive.org/web/20080627022153/http://www.andrewhyman.com/1986kennedyspeech.pdf, 24 July 1986 to 1 August 1986, 13] (Also quoted at p. 443 of Kennedy's 1987 confirmation transcript http://www.gpoaccess.gov/congress/senate/judiciary/sh100-1037/browse.html).

“The Constitution doesn't belong to a bunch of judges and lawyers. It belongs to you.”

Interview for Academy of Achievement http://www.achievement.org/autodoc/printmember/ken0int-1 (3 June 2005).

“Some kinds of government regulation of private consensual homosexual behavior may face substantial constitutional challenge.”

Beller v. Middendorf, 632 F.2d 788, 809-10 (9th Cir. 1980) upholding a Navy discharge for homosexual conduct.

“The freedom secured by the Constitution consists, in one of its essential dimensions, of the right of the individual not to be injured by the unlawful exercise of governmental power. The mandate for segregated schools, Brown v. Board of Education, 347 U. S. 483 (1954); a wrongful invasion of the home, Silverman v. United States, 365 U. S. 505 (1961); or punishing a protester whose views offend others, Texas v. Johnson, 491 U. S. 397 (1989); and scores of other examples teach that individual liberty has constitutional protection, and that liberty’s full extent and meaning may remain yet to be discovered and affirmed. Yet freedom does not stop with individual rights. Our constitutional system embraces, too, the right of citizens to debate so they can learn and decide and then, through the political process, act in concert to try to shape the course of their own times and the course of a nation that must strive always to make freedom ever greater and more secure. Here Michigan voters acted in concert and statewide to seek consensus and adopt a policy on a difficult subject against a historical background of race in America that has been a source of tragedy and persisting injustice. That history demands that we continue to learn, to listen, and to remain open to new approaches if we are to aspire always to a constitutional order in which all persons are treated with fairness and equal dignity. Were the Court to rule that the question addressed by Michigan voters is too sensitive or complex to be within the grasp of the electorate; or that the policies at issue remain too delicate to be resolved save by university officials or faculties, acting at some remove from immediate public scru-tiny and control; or that these matters are so arcane that the electorate’s power must be limited because the people cannot prudently exercise that power even after a full debate, that holding would be an unprecedented restriction on the exercise of a fundamental right held not just by one person but by all in common. It is the right to speak and debate and learn and then, as a matter of political will, to act through a lawful electoral process.”

Schuette v. Coalition to Defend Affirmative Action, 572 U. S. ____, (2016), plurality opinion.

“The respondents in this case insist that a difficult question of public policy must be taken from the reach of the voters, and thus removed from the realm of public discussion, dialogue, and debate in an election campaign. Quite in addition to the serious First Amendment implications of that position with respect to any particular election, it is inconsistent with the underlying premises of a responsible, functioning democracy. One of those premises is that a democracy has the capacity—and the duty—to learn from its past mistakes; to discover and confront persisting biases; and by respectful, rationale deliberation to rise above those flaws and injustices. That process is impeded, not advanced, by court decrees based on the proposition that the public cannot have the requisite repose to discuss certain issues. It is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds. The process of public discourse and political debate should not be foreclosed even if there is a risk that during a public campaign there will be those, on both sides, who seek to use racial division and discord to their own political advantage. An informed public can, and must, rise above this. The idea of democracy is that it can, and must, mature. Freedom embraces the right, indeed the duty, to engage in a rational, civic discourse in order to determine how best to form a consensus to shape the destiny of the Nation and its people.”

Schuette v. Coalition to Defend Affirmative Action, 572 U. S. ____, (2016), plurality opinion.

“[T]his Court now concludes that independent [political] expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.”

Citizens United v. Federal Election Commission, 558 U.S. 50 http://www.law.cornell.edu/supct/html/08-205.ZS.html (21 January 2010).

“The First Amendment is often inconvenient. But that is beside the point. Inconvenience does not absolve the government of its obligation to tolerate speech.”

International Society for Krishna Consciousness v. Lee, 505 U.S. 672 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=505&invol=672 (concurring opinion) (26 June 1992).

“It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty.”

Roper v. Simmons, 543 U.S. 551 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=03-633 (1 March 2005).

“The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn from limb from limb. The fetus can be alive at the beginning of the dismemberment process and can survive for a time while its limbs are being torn off.”

Stenberg v. Carhart, 530 U. S. 914 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-830 (28 June 2000) (detailing what he deemed a constitutionally protected alternative to partial-birth abortion).

“Why did I resign you ask?”

Quoted in [George Will, Wrong on All Counts, Washington Post, http://www.washingtonpost.com/wp-dyn/content/article/2005/03/25/AR2005032501595.html, 1992 (date of quote) 6 March 2005 (date of article), B07]
Reported by Terry Carter in California Lawyer magazine (August 1992)

Autori simili

Steven Weinberg photo
Steven Weinberg 6
fisico statunitense
Les Brown photo
Les Brown 1
politico statunitense
Allen Ginsberg photo
Allen Ginsberg 9
poeta statunitense
Robert Lee Frost photo
Robert Lee Frost 16
poeta statunitense
William Saroyan photo
William Saroyan 10
scrittore statunitense
Toni Morrison photo
Toni Morrison 27
scrittrice statunitense
Zig Ziglar photo
Zig Ziglar 4
scrittore statunitense
Charles M. Schulz photo
Charles M. Schulz 113
fumettista statunitense
Sinclair Lewis photo
Sinclair Lewis 7
romanziere e drammaturgo statunitense
Ray Bradbury photo
Ray Bradbury 74
scrittore statunitense