Word: cardozos
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...unparalleled place in the sun. Although the Court is divided five to four on society, even the four Justices whose evenings are almost invariably spent in solitude-Justice Sutherland resting venerably in bed, Justice Van Devanter mourning for his wife, Justice Brandeis sitting up with a detective story, Justice Cardozo burning the midnight oil over the classics of law and literature- even they felt an unwonted thrill. For the majority of the Court who appear in society the six weeks were a succession of thrills, the result of conspicuous reticence. Newshawks prying for details gathered many tales. At a reception...
...Deal's extraordinary powers procured from Congress in the name of Emergency and Recovery. A group of Texas oil companies were contesting against Presidential orders, issued under section 9c of the National Industrial Recovery Act prohibiting the interstate shipment of "hot oil." With only Justice Cardozo dissenting, Chief Justice Hughes read the court's opinion...
...assumption of the public that the Court's decisions depend almost wholly on the private political likes of the Justices is a gross exaggeration. As Justice Cardozo pointed out in an essay, the job of the courts is to apply the Constitution and the law in cases where they are obviously meant to apply. In other cases it may be necessary for the Court to search for the intent that was behind a law to fit a particular case. Then interpretation comes into play. It comes still more into prominence when a case arises which...
...course of his self-searching Justice Cardozo asked: "What is it that I do when I decide a case?...If a precedent is applicable, when do I refuse to follow it? If no precedent is applicable, how do I reach the rule that will make a precedent for the future?...I take judge-made law as one of the existing realities of life. There, before us is the brew. Not a judge on the bench but has had a hand in its making....In the field of constitutional law, the method of free decision has become, I think, the dominant...
...years ago Justice Cardozo asked, in a philosophical address, a question which, until his court answers it, keeps the New Deal uneasy: "What values shall we choose-those of today, or of tomorrow, or of a future that is close at hand, or of the unplumbed future, trackless...