The principle inherent in the clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment.
The Framers of the Bill of Rights did not purport to 'create' rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting.
Use of a mentally ill person's involuntary confession is antithetical to the notion of fundamental fairness embodied in the due process clause.
Religious conflict can be the bloodiest and cruelest conflicts that turn people into fanatics.
We do not consecrate the flag by punishing its desecration, for in doing so, we dilute the freedom this cherished emblem represents.
Death is not only an unusually severe punishment, unusual in its pain, in its finality and in its enormity, but is serves no penal purpose more effectively than a less severe punishment.
We look to the history of the time of framing and to the intervening history of interpretation. But the ultimate question must be, what do the words of the text mean in our time.
If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion.
We current justices read the Constitution in the only way that we can: as 20th-century Americans.
Sex and obscenity are not synonymous. Obscene material is material which deals with sex in a manner appealing to prurient interest.
No longer is the female destined solely for the home and the rearing of the family and only the male for the marketplace and the world of ideas.
Law cannot stand aside from the social changes around it.
