Frases de Earl Warren

Earl Warren fue un jurista y político estadounidense. Entre 1943 y 1953, fue gobernador de California y candidato a la vicepresidencia de los Estados Unidos en 1948. Fue el 14°. Presidente de la Corte Suprema de los Estados Unidos, desde el 5 de octubre de 1953 hasta el 23 de junio de 1969 en el período presidencial de Dwight D. Eisenhower. En 1964 fue presidente de la comisión encargada de investigar el asesinato de John Fitzgerald Kennedy, la llamada Comisión Warren. Generalmente se lo considera uno de los jueces y líderes políticos más influyentes de la Corte Suprema en la historia de los Estados Unidos.[1]​[2]​[3]​[4]​[5]​[6]​

Es conocido por sus esfuerzos en favor de los campos de concentración para japoneses en los Estados Unidos durante la Segunda Guerra Mundial como también por las decisiones de la corte Warren, que terminó con la segregación en las escuelas y transformó numerosos aspectos de la legislación norteamericana, especialmente en lo que respecta a los derechos de los acusados, terminó con las plegarias en las escuelas públicas, y exigió la adopción de reglas de proporcionalidad electoral del tipo "un hombre, un voto". Hizo de la Corte un centro de poder más equilibrado frente al Congreso y a la Presidencia, especialmente a través de cuatro sentencias en casos paradigmáticos: Brown v. Board of Education , Gideon v. Wainwright , Reynolds v. Sims , y Miranda v. Arizona .

Con todas estas medidas, la corte Warren estaba sentando un precedente, al cambiar la forma de entender e interpretar la Constitución estadounidense. Hasta entonces, la Corte Suprema siempre había considerado que su deber de velar por la Constitución consistía exclusivamente en mantener la sacrosanta separación de poderes, evitando que el poder ejecutivo, principalmente, se excediera en sus funciones. Esta postura, en muchos casos, supuso impedir la aprobación de legislación de corte social, tal y como sucedió durante el New Deal de Franklin Roosevelt, por entender que escapaba de la competencia de la presidencia. Pero, tras el mandato de Warren, la Corte pasó a leer la Constitución y la Carta de Derechos que la acompaña no como un mero reglamento destinado a proteger la separación de poderes y limitar la autoridad federal, sino como la garantía de los derechos y libertades de los ciudadanos estadounidenses. Esta interpretación continúa siendo mayoritaria el día de hoy.

Warren, junto con Jerry Brown, fueron los únicos gobernadores de California elegidos por tres períodos. Antes de desempeñarse como gobernador, fue fiscal de distrito por Alameda County, California, y Procurador general de ese estado.

Junto con el período de John Marshall, el periodo de Warren como Presidente de la Corte de Justicia a menudo es considerado como uno de los momentos de mayor poder de la rama judicial en Estados Unidos. Wikipedia  

✵ 19. marzo 1891 – 9. julio 1974
Earl Warren Foto
Earl Warren: 31   frases 0   Me gusta

Earl Warren: Frases en inglés

“I am unalterably opposed to any species of vigilantes or to any other extra-legal means of a majority exercising its will over a minority”

Views on civil rights declared in the summer of 1938, quoted in Justice for All : Earl Warren and the Nation He Made (2006) by Jim Newton, p. 95
Contexto: I am unalterably opposed to any species of vigilantes or to any other extra-legal means of a majority exercising its will over a minority … I believe that if majorities are entitled to have their civil rights protected they should be willing to fight for the same rights to minorities no matter how violently they disagree with their views. Further, I am convinced that this is the only way they can be preserved.
I believe that the American concept of civil rights should include not only an observance of our Constitutional Bill of Rights, but also absence of arbitrary action by government in every field.

“I believe the preservation of our civil liberties to be the most fundamental and important of all our governmental problems, because it always has been with us and always will be with us and if we ever permit those liberties to be destroyed, there will be nothing left in our system worthy of preservation.”

Views on civil rights declared in a written statement requested by Robert W. Kenny, read during fund raising luncheon at the Biltmore Hotel, in Los Angeles, in the summer of 1938, quoted in Lawyers Guild Review Vol. 13-14 (1953), p. 47; he mentions Frank Hague, who had declared earlier in the year:
Contexto: I believe the preservation of our civil liberties to be the most fundamental and important of all our governmental problems, because it always has been with us and always will be with us and if we ever permit those liberties to be destroyed, there will be nothing left in our system worthy of preservation. They constitute the soul of democracy. I believe that there is grave danger in this country of losing our civil liberties as they have been lost in other countries. There are things transpiring in this country today that are definitely menacing our future; among which are the activities of Mayor Hague and other little Hagues throughout the country. These activities are so basically wrong and so menacing to our institutions that every citizen and particularly every public official should oppose them to the limit of their strength.

“It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.”

United States v. Robel (1967) - Findlaw file http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=389&invol=258
Contexto: This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.

“The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.”

Miranda v. Arizona, 384 U. S. 436, 445 (1965) - Opinion of the Court
Contexto: Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.

“He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”

Miranda v. Arizona, 384 U. S. 436, 478-79 (1965)
Contexto: To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.

“This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal.”

United States v. Robel (1967) - Findlaw file http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=389&invol=258
Contexto: This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.

“You sit up there, and you see the whole gamut of human nature.”

Interview in 1953 after being appointed to the Supreme Court, as quoted in Earl Warren : A Political Biography (1967) by Leo Katcher, p. 315
Contexto: You sit up there, and you see the whole gamut of human nature. Even if the case being argued involves only a little fellow and $50, it involves justice. That's what is important.

“These activities are so basically wrong and so menacing to our institutions that every citizen and particularly every public official should oppose them to the limit of their strength.”

Views on civil rights declared in a written statement requested by Robert W. Kenny, read during fund raising luncheon at the Biltmore Hotel, in Los Angeles, in the summer of 1938, quoted in Lawyers Guild Review Vol. 13-14 (1953), p. 47; he mentions Frank Hague, who had declared earlier in the year:
Contexto: I believe the preservation of our civil liberties to be the most fundamental and important of all our governmental problems, because it always has been with us and always will be with us and if we ever permit those liberties to be destroyed, there will be nothing left in our system worthy of preservation. They constitute the soul of democracy. I believe that there is grave danger in this country of losing our civil liberties as they have been lost in other countries. There are things transpiring in this country today that are definitely menacing our future; among which are the activities of Mayor Hague and other little Hagues throughout the country. These activities are so basically wrong and so menacing to our institutions that every citizen and particularly every public official should oppose them to the limit of their strength.

“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.”

Miranda v. Arizona, 384 U. S. 436, 445 (1965) - Opinion of the Court
Contexto: Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.

“The censor's sword pierces deeply into the heart of free expression.”

Dissent in Times Film Corp. v. City of Chicago 365 U.S. 43 (1961)
1960s

“I always turn to the sports section first. The sports section records people's accomplishments; the front page nothing but man's failures.”

As quoted in Sports Illustrated (22 July 1968)
Variants:
I always turn to the sports page first, which records people's accomplishments. The front page has nothing but man's failures.
As quoted in Best Sports Stories : 1975 (1976) by Irving T. Marsh
I always turn to the sports pages first, which records people's accomplishments. The front page has nothing but man's failures.
As quoted in The Norton Book of Sports (1992) by George Plimpton, p. 470
1960s

“Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests.”

On the subject of state Senate apportionment, in Reynolds v. Sims (1964)
1960s

“The fantastic advances in the field of electronic communication constitute a greater danger to the privacy of the individual.”

Concurring in the judgment, Lopez v. United States 373 U.S. 427 (1963)
1960s

“Many people consider the things government does for them to be social progress but they regard the things government does for others as socialism.”

Address to National Press Club in Washington DC, as quoted in Freedom and Union (April 1952)
Variants:
Most people consider the things which government does for them to be social progress, but they consider the things government does for others as socialism.
As quoted in Politics and Policies : The Continuing Issues (1970) by Duane W. Hill, p. 170.
Many people consider the things which government does for them to be social progress, but they consider the things government does for others as socialism.
As quoted in Encarta Book of Quotations (2000) edited by Bill Swainson, p. 969
1950s

“In civilized life, law floats in a sea of ethics.”

Speech at the Louis Marshall Award Dinner of the Jewish Theological Seminary, Americana Hotel, New York City (11 November 1962)
1960s

“If it is a mistake of the head and not the heart don't worry about it, that's the way we learn.”

As quoted in Earl Warren : A Great American Story (1948) by Irving Stone, p. 64
1940s

“Everything I did in my life that was worthwhile, I caught hell for.”

As quoted in Do It : Let's Get Off Our Buts (1992) by Peter John Roger McWilliams
Paraphrased variant: Everything that I did in life that was worthwhile, I caught hell for.
As quoted in Compact Fruit Tree (2002) Vol. 35-38, by International Dwarf Fruit Tree Association, p. 32
Undated

“The man of character, sensitive to the meaning of what he is doing, will know how to discover the ethical paths in the maze of possible behavior.”

Speech at the Louis Marshall Award Dinner of the Jewish Theological Seminary, Americana Hotel, New York City (11 November 1962)
1960s

“We may not know the whole story in our lifetime.”

On the assassination of President John F. Kennedy, quoted in Minute by Minute (1985)
Undated

“The only reason that there has been no sabotage or espionage on the part of Japanese-Americans is that they are waiting for the right moment to strike.”

Testimony on Internment of people of Japanese Ancestry before the House Select Committee Investigating National Defense Migration (Tolan Committee) in 1941; of this statement Warren later said, in The Memoirs of Earl Warren (1977):
I have since deeply regretted the removal order and my own testimony advocating it, because it was not in keeping with our American concept of freedom and the rights of citizens. Whenever I thought of the innocent little children who were torn from home, school friends, and congenial surroundings, I was conscience-stricken. It was wrong to react so impulsively, without positive evidence of disloyalty, even though we felt we had a good motive in the security of our state. It demonstrates the cruelty of war when fear, get-tough military psychology, propaganda, and racial antagonism combine with one's responsibility for public security to produce such acts. I have always believed that I had no prejudice against the Japanese as such except that spawned by Pearl Harbor and its aftermath.
1940s

“Liberty, not communism, is the most contagious force in the world.”

Speech at Columbia University (14 January 1954)
1950s