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Without this guarantee that one may not be deprived of his rights, neither liberty nor property, without due process of law, the State's monopoly over techniques for binding conflict resolution could hardly be said to be acceptable under our scheme of things. Only by providing that the social enforcement mechanism must function strictly within these bounds can we hope to maintain an ordered society that is also just."

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A right exists in theory... [A]ll human beings have the same set of rights, but rights need to be enforced by the state. It needs to rely on the coercive power of the state... its army, its police force, to actually make those rights something real that citizens can enjoy, and the enforcement power is not universal. ...[W]e wouldn't want to live in a world in which every liberal state wanted to enforce liberal rights in every other state in the world.

Human rights' are a fine thing, but how can we make ourselves sure that our rights do not expand at the expense of the rights of others. A society with unlimited rights is incapable of standing to adversity. If we do not wish to be ruled by a coercive authority, then each of us must rein himself in...A stable society is achieved not by balancing opposing forces but by conscious self-limitation: by the principle that we are always duty-bound to defer to the sense of moral justice.

Equality and justice demand only a society so organized that every single human being will — from birth through adolescence and maturity — find therein equal means, first for maintenance and education, and later, for the exercise of all his natural capacities and aptitudes.

Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust. Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override. For this reason justice denies that the loss of freedom for some is made right by a greater good shared by others. It does not allow that the sacrifices imposed on a few are outweighed by the larger sum of advantages enjoyed by many. Therefore in a just society the liberties of equal citizenship are taken as settled; the rights secured by justice are not subject to political bargaining or to the calculus of social interests.

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The course of decision in this Court has thus far jealously enforced the principle of a free society secured by the prohibition of unreasonable searches and seizures. Its safeguards are not to be worn away by a process of devitalizing interpretation.

A society dedicated to the protection of equally distributed, modern and effective tools for the exercise of productive liberties cannot come into existence unless the commodities and resources on which the exercise of those liberties is based are equally distributed to all.

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When law and force keep a man within the bounds of justice, they impose nothing upon him but a mere negation. They only oblige him to abstain from doing harm. They violate neither his personality, his liberty, nor his property. They only guard the personality, the liberty, the property of others. They hold themselves on the defensive; they defend the equal right of all.

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Let us labor to add all needful guarantees for the more perfect security of free thought, free speech, and free press, pure morals, unfettered religious sentiments, and of equal rights and privileges to all men, irrespective of nationality, color, or religion.

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