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"[T]he arguments that have been addressed to us lead me to utter more explicit misgivings about war powers than the Court has done. The Government asserts no constitutional basis for this legislation other than this vague, undefined and undefinable 'war power.' No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. It is usually invoked in haste and excitement, when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation unpopular. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures. Always, as in this case, the Government urges hasty decision to forestall some emergency or serve some purpose and pleads that paralysis will result if its claims to power are denied or their confirmation delayed."
 By: | Justice Robert H. Jackson (more quotes by Justice Robert H. Jackson or books by/about Justice Robert H. Jackson) |
| (1892-1954), U. S. Supreme Court Justice |
Source: | Woods v. Cloyd W. Miller Co., 333 U.S. 138, 146 (1948). |
Categories: | Justice, War, Power, Constitution |
Rating: |   |