Robert Bork Quotes

Powerful Robert Bork for Daily Growth

About Robert Bork

Robert Herman Bork (1927-2012) was an influential American lawyer, jurist, legal scholar, and political commentator. Born on March 1st, 1927, in Pittsburgh, Pennsylvania, Bork grew up in a working-class family that instilled in him the values of hard work and education. He graduated magna cum laude from Princeton University in 1949 and went on to earn his law degree from the University of Chicago in 1953. Bork's legal career began in academia, teaching at Yale Law School for over two decades. During this time, he made significant contributions to the field of constitutional law, particularly in the areas of federalism and criminal procedure. His most influential work, "The Tempting of America: The Political Seduction of the Law," published in 1990, critiqued liberal judicial activism and argued for a more originalist approach to interpreting the Constitution. In 1973, President Nixon appointed Bork as a Judge on the U.S. Court of Appeals for the District of Columbia Circuit. Four years later, he was nominated by President Reagan to serve as Associate Justice on the Supreme Court, but his nomination was rejected after intense political controversy. Bork's most enduring legacy lies in his philosophical and legal ideas. His concept of "originalism," which emphasizes interpreting the Constitution based on its original meaning, continues to be a topic of debate among scholars and jurists. His quotes reflect his deep understanding of law and politics, with notable ones including, "Liberty depends on the spirit which is created in a free society." Despite not serving on the Supreme Court, Bork's impact on American jurisprudence is undeniable. He passed away on December 19th, 2012, leaving behind a rich legacy of scholarship and thought leadership.

Interpretations of Popular Quotes

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials."

Robert Bork's quote underscores the fundamental role of a Bill of Rights in constitutional law: it is designed to safeguard specific rights and freedoms from being influenced by temporary political sentiments or governmental decisions. By doing so, these rights become inviolable and protected against encroachment, even during periods of political conflict or instability. This is achieved by positioning them beyond the reach of majorities and public officials, ensuring that they remain sacrosanct and preserved for all citizens, regardless of prevailing political winds.


"The notion that the First Amendment is a 'trump card' to be played against all other interests and values is erroneous."

Robert Bork's quote suggests that the First Amendment, which guarantees freedoms of speech, religion, press, assembly, and petition, should not be considered as a universal solution or priority over all other important matters and values in society. He argues against the idea that the First Amendment is so supreme that it can always supersede other interests or principles. Instead, Bork emphasizes that the First Amendment must coexist with and find balance within the complex tapestry of societal values and interests.


"What we have to decide is not whether it will benefit society to suppress this idea but, rather, can society, through due process of law, constitutionally act to suppress it."

This quote by Robert Bork underscores the importance of upholding constitutional rights in the suppression of ideas, even if those ideas are perceived as detrimental to society. It emphasizes that while we may question the societal benefit of certain ideas, our actions should always be guided by due process of law and respect for individual freedoms as enshrined in the constitution. This perspective underlines the importance of a balance between protecting society and upholding individual rights, ensuring that no abuses of power occur in the name of public interest or morality.


"The First Amendment does not protect a right to speak or publish with impunity those statements that are false where their falsity will cause injury to a third party."

This quote by Robert Bork suggests that while freedom of speech is protected under the First Amendment, it does not extend to making statements that are known to be false if doing so would harm a third party. In other words, while one has the right to express their opinions, they do not have the right to knowingly spread misinformation or lies that cause damage to others. This principle is important for maintaining an informed and responsible society where people can trust the accuracy of information they receive.


"Liberty and privacy are not absolute values. Neither liberty nor privacy is protected by the First Amendment, though they may sometimes be enhanced by it."

Robert Bork's quote suggests that while both liberty and privacy are valuable principles, they are not inviolable or absolute rights. They do not fall under the protection of the First Amendment, which guarantees freedom of speech, press, religion, assembly, and petition. Instead, their protections may come from other constitutional provisions or laws. Bork's perspective underscores that even fundamental rights have limits and must often be balanced against other societal interests and values.


The major obstacle to a religious renewal is the intellectual classes, who are highly influential and tend to view religion as primitive superstition. They believe that science has left atheism as the only respectable intellectual stance.

- Robert Bork

Religious, Primitive, Renewal

The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.

- Robert Bork

Constitution, Allow, Given, Judicial

An egalitarian educational system is necessarily opposed to meritocracy and reward for achievement. It is inevitably opposed to procedures that might reveal differing levels of achievement.

- Robert Bork

Reward, Opposed, Educational, Inevitably

Being 'at the mercy of legislative majorities' is merely another way of describing the basic American plan: representative democracy.

- Robert Bork

American, Another, Being, Another Way

Modernity, the child of the Enlightenment, failed when it became apparent that the good society cannot be achieved by unaided reason.

- Robert Bork

Reason, Modernity, Became, Apparent

It is a ship with a great deal of sail but a very shallow keel.

- Robert Bork

Sail, Deal, Very, Keel

The purpose that brought the fourteenth amendment into being was equality before the law, and equality, not separation, was written into the law.

- Robert Bork

Law, Amendment, Brought, Fourteenth

Those who made and endorsed our Constitution knew man's nature, and it is to their ideas, rather than to the temptations of utopia, that we must ask that our judges adhere.

- Robert Bork

Nature, Constitution, Rather, Adhere

The right to procreate is not guaranteed, explicitly or implicitly, by the Constitution.

- Robert Bork

Constitution, Explicitly, Implicitly

When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions.

- Robert Bork

Made, Which, Assumes, Legislation

In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.

- Robert Bork

Law, Never, Given, Legislator

Law is vulnerable to the winds of intellectual or moral fashion, which it then validates as the commands of our most basic concept.

- Robert Bork

Law, Concept, Which, Commands

A society deadened by a smothering network of laws while finding release in moral chaos is not likely to be either happy or stable.

- Robert Bork

Society, Laws, Likely, Stable

I was thinking of resigning since I did not want to be perceived as a man who did the president's bidding to save my job. I have had some time to think about it since. I think I did the right thing.

- Robert Bork

Think, Some, I Think, Resigning

I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself.

- Robert Bork

Think, Constitution, Study, Court

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