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John Marshall Harlan

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His thinking threw light in a very introspective way on the entire process of the judicial function. His decisions, beyond just the vote they represented, were sufficiently philosophical to be of enduring interest. He decided the case before him with that respect for its particulars, its special features, that marks alike the honest artist and the just judge.
--
Paul Freund, The Judges' Judge, Time Magazine (June 10, 1972).

 
John Marshall Harlan

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Now, this means that our government, National and State, must be freed from the sinister influence or control of special interests. Exactly as the special interests of cotton and slavery threatened our political integrity before the Civil War, so now the great special business interests too often control and corrupt the men and methods of government for their own profit. We must drive the special interests out of politics. That is one of our tasks to-day. Every special interest is entitled to justice-full, fair, and complete-and, now, mind you, if there were any attempt by mob-violence to plunder and work harm to the special interest, whatever it may be, that I most dislike, and the wealthy man, whomsoever he may be, for whom I have the greatest contempt, I would fight for him, and you would if you were worth your salt. He should have justice. For every special interest is entitled to justice, but not one is entitled to a vote in Congress, to a voice on the bench, or to representation in any public office. The Constitution guarantees protection to property, and we must make that promise good. But it does not give the right of suffrage to any corporation.

 
Theodore Roosevelt
 

I do not forget the position, assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes.

 
Abraham Lincoln
 

Major parties have lived more for patronage than for principles; their goal has been to bind together a sufficiently large coalition of diverse interests to get into power; and once in power, to arrange sufficiently satisfactory compromises of interests to remain there. Minor parties have been attached to some special idea or interest, and they have generally expressed their positions through firm and identifiable programs and principles. Their function has not been to win or govern, but to agitate, educate, generate new ideas, and supply the dynamic element in our political life. When a third party's demands become popular enough, they are appropriated by one or both of the major parties and the third party disappears. Third parties are like bees: once they have stung, they die.

 
Richard Hofstadter
 

One can say that the author is an ideological product, since we represent him as the opposite of his historically real function. (When a historically given function is represented in a figure that inverts it, one has an ideological production.) The author is therefore the ideological figure by which one marks the manner in which we fear the proliferation of meaning.

 
Michel Foucault
 

I have never been entirely satisfied with the materialistic or behavioristic thesis that a complete explanation of brain function is possible in purely objective terms with no reference whatever to subjective experience; i.e., that in scientific analysis we can confidently and advantageously disregard the subjective properties of the brain process. I do not mean we should abandon the objective approach or repeat the errors of the earlier introspective era. It is just that I find it difficult to believe that the sensations and other subjective experiences per se serve no function, have no operational value and no place in our working models of the brain.

 
Roger Wolcott Sperry
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