William J. Brennan Jr. Quotes
Appellant constituted a legitimate class of one, and this provides a basis for Congress's decision to proceed with dispatch with respect to his materials.
Brennan, William J. Opinion of the Court. Nixon v. Administrator of General Services. 433 U.S. 425. Supreme Court of the United States. 28 June 1977, p. 472.
President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.
Justice Black would quote the 1st Amendment—"Congress shall make no law abridging the freedom of speech or of the press"—then slam his hand on his desk and exclaim:
In a celebrated case involving the right of the U. S. House of Representatives' Un-American Activities Committee to "expose" someone as a Communist, Mr. Justice Brennan wrote:
William Joseph Brennan Jr. was an American lawyer and jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990. He was the seventh-longest-serving justice in Supreme Court history, and known for being a leader of the Court's liberal wing.
