US Supreme Court justice from 1939 to 1975
William Orville Douglas (16 October 1898 – 19 January 1980) was an Associate Justice of the Supreme Court of the United States. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court.
From: Wikiquote (CC BY-SA 4.0)
Native Name:
William Orville Douglas
Alternative Names:
William Douglas
From Wikidata (CC0)
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The dissent we witness is a reaffirmation of faith in man; it is protest against living under rules and prejudices and attitudes that produce the extremes of wealth and poverty and that make us dedicated to the destruction of people through arms, bombs, and gases, and that prepare us to think alike and be submissive objects for the regime of the computer.
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To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness. But if it is taken, it should be the deliberate choice of the people through a constitutional amendment. Until the Fourth Amendment, which is closely allied with the Fifth, is rewritten, the person and the effects of the individual are beyond the reach of all government agencies until there are reasonable grounds to believe (probable cause) that a criminal venture has been launched or is about to be launched.
There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today.
Yet if the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can 'seize' and 'search' him in their discretion, we enter a new regime. The decision to enter it should be made only after a full debate by the people of this country.
[Terry v. Ohio, 392 U.S. 1 (1968) (dissenting)]
At the international level we have become virtually paranoid. The world is filled with dangerous people. Every troublemaker across the globe is a communist. Our obsession is in part the product of a fear generated by Joseph McCarthy. Indeed a black silence of fear possesses the nation and is causing us to jettison some of our libertarian traditions.
Yet more and more of the youth of America are instinctively horrified at the way President Johnson avoided all constitutional procedures and slyly maneuvered us into an Asian war. There was no national debate over a declaration of war. The lies and half-truths that were told, and the phony excuses gradually advanced, made most Americans dubious of the integrity of our leadership.