Wednesday, April 23, 2014

Hugo Black...................................






















Hugo Black (1876-1971) was a Democratic Senator from Alabama when he was appointed to the Supreme Court by Franklin Roosevelt in 1937.  Black remained a Justice until about a week before his death.  If you don't wish to read his whole biography, more about this important American historical figure can be found here.   Below you will find excerpts from his writings while on the Supreme Court:

"No higher duty, or more solemn responsibility rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution -- of whatever race, creed, or persuasion."

"The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State'."

"That Amendment requires the state to be a neutral in its relations with groups of religious believers and nonbelievers; it does not require the state to be their adversary. State power is no more to be used so as to handicap religions than it is to favor them."

The First Amendment's language leaves no room for inference that abridgments of speech and press can be made just because they are slight. That Amendment provides, in simple words, that "Congress shall make no law . . . abridging the freedom of speech, or of the press." I read "no law . . . abridging" to mean no law abridging.

"An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment."

"It is my belief that there are 'absolutes' in our Bill of Rights, and that they were put there on purpose by men who knew what the words meant and meant their prohibitions to be 'absolutes'."

"The layman's Constitutional view is that what he likes is Constitutional and that which he doesn't like is un-Constitutional. That about measures up the Constitutional acumen of the average person."

Yep.

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