We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.
More from Robert H. Jackson
The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorit…
Permalink to quote #39 Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of…
Permalink to quote #41 Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and by ma…
Permalink to quote #38