Expediency May Tip The Scales When Arguments

Expediency May Tip The Scales When Arguments Are Nicely Balanced.

What Has Once Been Settled By A Precedent Will Not Be Unsettled Overnight, For Certainty And Uniformity Are Gains Not Lightly Sacrificed. Above All Is This True When Honest Men Have Shaped Their Conduct On The Faith Of The Pronouncement.

History Or Custom Or Social Utility Or Some Compelling Sense Of Justice Or Sometimes Perhaps A Semi-intuitive Apprehension Of The Pervading Spirit Of Our Law Must Come To The Rescue Of The Anxious Judge And Tell Him Where To Go.

The Constitution Was Framed Upon The Theory That The Peoples Of The Several States Must Sink Or Swim Together, And That In The Long Run Prosperity And Salvation Are In Union And Not Division.

Due Process Is A Growth Too Sturdy To Succumb To The Infection Of The Least Ingredient Of Error.