May the state fence in the harmless mentally ill solely to save its citizens from exposure to those whose ways are different? One might as well ask if the state, to avoid public unease, could incarcerate all who are physically unattractive or socially eccentric.
Potter StewartThe Court today holds the Congress may say that some of the poor are too poor even to go bankrupt. I cannot agree.
Potter StewartIt must always be remembered that what the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures.
Potter StewartI think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the ' wall of separation,' a phrase nowhere to be found in the Constitution.
Potter StewartWe are concerned here only with the imposition of capital punishment for the crime of murder, and when a life has been taken deliberately by the offender, we cannot say that the punishment is invariably disproportionate to the crime. It is an extreme sanction suitable to the most extreme of crimes.
Potter Stewart