No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. It usually is invoked in haste and excitement when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation unpopular. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures. Always, as in this case, the Government urges hasty decision to forestall some emergency or serve some purpose and pleads that paralysis will result if its claims to power are denied or their confirmation delayed.
More from Robert H. Jackson
The Court's reasoning adds up to this: The Commission must be sustained because of its accumulated experience in solving a problem with which it had never befo…
Permalink to quote #12 Under these circumstances, except for any personal humiliation involved in admitting that I do not always understand the opinions of this Court, I see no reaso…
Permalink to quote #14 I do not know whether it is the view of the Court that a judge must be thick-skinned or just thick-headed, but nothing in my experience or observation confirms…
Permalink to quote #11