Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from the failing to apprehend him does not justify the use of deadly force to do so.
Byron WhiteRead
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
Interpretation
What this quote means
The quote warns about the risks of judicial decisions that stray too far from the Constitution's original language and intent.
Byron White's quote highlights the precarious position of the judicial system when it engages in creating constitutional law without solid foundations in the text or the original purpose of the Constitution. When judges make decisions that are not grounded in the clear language or design of the Constitution, it undermines the legitimacy of the Court and could lead to a form of legal interpretation that is not representative of the framers' original intent.
Themes
ConstitutionJudge-Made LawJudiciaryLegitimacyInterpretation
In practice
Example use cases
In a discussion about judicial activism, one might quote this to emphasize the importance of adherence to the Constitution.
More from Byron White
All quotes →To exclude all jurors who would be in the slightest way effected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
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The law is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the due process clause, the courts will be very busy indeed.
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The risk of racial prejudice infecting a capital sentencing proceeding is especially serious in light of the complete finality of the death sentence.
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A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government.
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Sports constantly make demands on the participant for top performance, and they develop integrity, self-reliance and initiative. They teach you a lot about working in groups, without being unduly submerged in the group.
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