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 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
What this quote means
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.
Themes
In practice
Example use cases
During a lecture on constitutional law, one might use this quote to illustrate the importance of contextual interpretation.
More from Felix Frankfurter
All quotes →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.
Similar quotes
There must be right and wrong answers to questions of morality and values that potentially fall within the purview of science. On this view, some people and cultures will be right (to a greater or lesser degree), and some will be wrong, with respect to what they deem important in life.
Man in harmony with his Creator is sublime, and his action is creative; equally, once he separates himself from God and acts alone, he does not cease to be powerful, since this is the privilege of his nature, but his acts are negative and lead only to destruction.
Life is only a dream, and we are the imagination of ourselves.
We cast a shadow on something wherever we stand, and it is no good moving from place to place to save things; because the shadow always follows. Choose a place where you won't do harm - yes, choose a place where you won't do very much harm, and stand in it for all you are worth, facing the sunshine.
Why can we remember the tiniest detail that has happened to us, and not remember how many times we have told it to the same person.
"But when you hear men talking," said Cornelia, "all they ever do is speak ill of women. 'And I don't quite know how they've managed to make this law in their favor, or who exactly it was who gave them a greater license to sin than is allowed to us; and if the fault is common to both sexes (as they can hardly deny), why should the blame not be as well?