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A court which yields to the popular will thereby licenses…

“A court which yields to the popular will thereby licenses itself to practice despotism, for there can be no assurance that it will not, on another occasion, indulge its own will.” quote by Felix Frankfurter
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“A court which yields to the popular will thereby licenses itself to practice despotism, for there can be no assurance that it will not, on another occasion, indulge its own will.”

Felix Frankfurter

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

Warns that a judiciary that merely follows popular opinion risks becoming authoritarian, because public sentiment is fickle and may not safeguard rights.

In simple terms: Judicial independence prevents despotism.

Key Takeaway

Popular will alone cannot guarantee just law.

Themes

judiciary democracy despotism rule of law

Mood

cautious serious

Type

political legal

When to use this quote

  • Supreme Court nominations
  • Public referendums on rights

Key Concepts

checks and balances legal philosophy

Practical Applications

  • Strengthen judicial appointment safeguards
  • Educate citizens on constitutional limits

Questions to Reflect On

  • How can courts balance responsiveness with independence?
  • What mechanisms guard against judicial tyranny?
A Different Perspective

The quote assumes a monolithic popular will, ignoring pluralistic societies where public opinion can protect rights.

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