Congress Is, After All, Not A Body

Certainly The Affirmative Pursuit Of One's Convictions About The Ultimate Mystery Of The Universe And Man's Relation To It Is Placed Beyond The Reach Of Law. Government May Not Interfere With Organized Or Individual Expressions Of Belief Or Disbelief. Propagation Of Belief - Or Even Of Disbelief - In The Supernatural Is Protected, Whether In Church Or Chapel, Mosque Or Synagogue, Tabernacle Or Meeting-house.

A License Cannot Be Revoked Because A Man Is Red-headed Or Because He Was Divorced, Except For A Calling, If Such There Be, For Which Red-headedness Or An Unbroken Marriage May Have Some Rational Bearing. If A State Licensing Agency Lays Bare Its Arbitrary Action, Or If The State Law Explicitly Allows It To Act Arbitrarily, That Is Precisely The Kind Of State Action Which The Due Process Clause Forbids.

The Ultimate Touchstone Of Constitutionality Is The Constitution Itself, And Not What We Have Said About It.

Congress Is, After All, Not A Body Of Laymen Unfamiliar With The Commonplaces Of Our Law. This Legislation Was The Formulation Of The Two Judiciary Committees, All Of Whom Are Lawyers, And The Congress Is Predominately A Lawyers' Body.

It Has Not Been Unknown That Judges Persist In Error To Avoid Giving The Appearance Of Weakness And Vacillation.