Nomination of William Joseph Brennan, Jr: Hearings Before the Committee on the Judiciary, United States Senate, Eighty-fifth Congress, First Session, on Nomination of William Joseph Brennan, Junior, of New Jersey, to be Associate Justice of the Supreme Court of the United States. February 26 and 27, 1957

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U.S. Government Printing Office, 1957 - 40 pages
 

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Page 16 - In the corrupted currents of this world Offence's gilded hand may shove by justice, And oft 'tis seen the wicked prize itself Buys out the law...
Page 14 - Whilst we assert for ourselves a freedom to embrace, to profess, and to observe the Religion which we believe to be of divine origin, we cannot deny an equal freedom to those whose minds have not yet yielded to the evidence which has convinced us.
Page 16 - The real objection is that any system of administration which permits the prosecution to trust habitually to" compulsory self-disclosure as a source of proof must itself morally suffer thereby. The inclination develops to rely mainly upon such evidence, and to be satisfied with an incomplete investigation of the other sources.
Page 14 - There is no dissonance in these declarations. There is a universal language pervading them all, having one meaning ; they affirm and reaffirm that this is a religious nation. These are not individual sayings, declarations of private persons: they are organic utterances; they speak the voice of the entire people.
Page 16 - The exercise of the power to extract answers begets a forgetfulness of the just limitations of that power. The simple and peaceful process of questioning breeds a readiness to resort to bullying and to physical force and torture. If there is a right to an answer, there soon seems to be a right to the expected answer, — that is, to a confession of guilt. Thus the legitimate use grows into the unjust abuse; ultimately, the innocent are jeopardized by the encroachments of a bad system. Such seems...
Page 16 - There is a great deal of laziness in it. It is far pleasanter to sit comfortably in the shade rubbing red pepper into a poor devil's eyes than to go about in the sun hunting up evidence.
Page 10 - ... beings. Whatever may be the shades of religious belief, all must acknowledge the fitness of recognizing in important human affairs the superintending care and control of the great Governor of the Universe, and of acknowledging with thanksgiving His boundless favors, or bowing in contrition when visited with the penalties of His broken laws.
Page 10 - Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governor of the Universe.
Page 17 - If we are not willing to let the Amendment be invoked, where, over time, are we going to stop when police, prosecutors, or chairmen want to get people to talk? Lurking in the background here are really ugly dangers which might transform our whole system of free government. In this light, the frustrations caused by the Amendment are a small price to pay for the fundamental protection it provides.
Page 18 - Not only do I approve, Senator, but personally I cannot think of a more vital function of the Congress than the investigatory function of its committees, and I can't think of a more important or vital objective of any committee investigation than that of rooting out subversives in Government.

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