The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
Byron WhiteThe law is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the due process clause, the courts will be very busy indeed.
Byron WhiteTo exclude all jurors who would be in the slightest way effected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
Byron WhiteA right to jury trial is granted to criminal defendants in order to prevent oppression by the Government.
Byron White