The words of the Constitution... are so unrestricted by their intrinsic meaning or by their history or by tradition or by prior decisions that they leave the individual Justice free, if indeed they do not compel him, to gather meaning not from reading the Constitution but from reading life.
Interpretation
The quote emphasizes that the meaning of the Constitution should not be confined to its text or historical context, but rather should be interpreted through the experiences of life.
Felix Frankfurter suggests that a judge's interpretation of the Constitution should be informed by the realities and experiences of life rather than being strictly tethered to textual or historical analysis. This viewpoint allows for a more dynamic understanding of constitutional principles, advocating for a living interpretation that evolves with society. It highlights the role of individual experience and the need for justice to adapt to contemporary circumstances.
In practice
During a lecture on constitutional law, one might use this quote to illustrate the importance of contextual interpretation.
Ultimately there can be no freedom for self unless it is vouchsafed for others; there can be no security where there is fear, and a democratic society presupposes confidence and candor in the relations of men with one another and eager collaboration for the larger ends of life instead of the pursuit of petty, selfish or vainglorious aims.
The accretion of dangerous power does not come in a day. It does come, however slowly, from the generative force of unchecked disregard of the restrictions that fence in even the most disinterested assertion of authority.
Democracy is always a beckoning goal, not a safe harbor. For freedom is an unremitting endeavor, never a final achievement.
Without a free press there can be no free society. That is axiomatic. However, freedom of the press is not an end in itself but a means to the end of a free society. The scope and nature of the constitutional guarantee of the freedom of the press are to be viewed and applied in that light.
Litigation is the pursuit of practical ends, not a game of chess.
As a member of this court I am not justified in writing my private notions of policy into the Constitution, no matter how deeply I may cherish them or how mischievous I may deem their disregard.
This work was strictly voluntary, but any animal who absented himself from it would have his rations reduced by half.
Though the most beautiful creature were waiting for me at the end of a journey or a walk; though the carpet were of silk, the curtains of the morning clouds; the chairs and sofa stuffed with cygnet's down; the food manna, the wine beyond claret, the window opening on Winander Mere, I should not feel -or rather my happiness would not be so fine, as my solitude is sublime.
Sadly I write in my quiet room, alone as I have always been, alone as I will always be. And I wonder if my apparently negligible voice might not embody the essence of thousands of voices, the longing for self expression of thousands of lives, the patience of millions of souls resigned like my own to their daily lot, their useless dreams, and their hopeless hopes.
The game is just one long conversation, and I'm anticipating that, and I will say things like 'Did you know that?' or 'You're probably wondering why.' I'm really just conversing rather than just doing play-by-play. I never thought of myself as having a style. I don't use key words. And the best thing I do? I shut up.
Most men think graft a sporadic evil, breaking out here and there, with no connection between outbreaks. I shared the same opinion, but very soon I discovered that the graft in the cities always leads to the graft in the State.
A Witch is born out of the true hungers of her time,β she said. βI was born out of New York. The things that are most wrong here summoned me. ("Drink Entire: Against The Madness Of Crowds")
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