It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been expressly freighted with Jefferson's misleading metaphor for nearly forty years... There is simply no historical foundation for the proposition that… — William Rehnquist Copy Share Image
Somewhere "out there," beyond the walls of the courthouse, run currents and tides of public opinion which lap at the courtroom door. — William Rehnquist Copy Share
Pregnancy is of course confined to women, but it is in other ways significantly different from the typical covered disease or disability — William Rehnquist Copy Share
At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters… — William Rehnquist Copy Share
Perhaps you should say there should be mandatory retirement even of members of the court, members of the federal judiciary. I'm sure there can… — William Rehnquist Copy Share
The "wall of separation between church and State" is a metaphor based on bad history. — William Rehnquist Copy Share
The 'wall of separation between church and state' is a metaphor based on bad history, a metaphor which has proved useless as a guide… — William Rehnquist Copy Share
The Constitution requires that Congress treat similarly situated persons similarly, not that it engages in gestures of superficial equality. — William Rehnquist Copy Share
In any civilized society the most important task is achieving a proper balance between freedom and order. In wartime, reason and history both suggest… — William Rehnquist Copy Share
It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been expressly freighted with Jefferson's… — William Rehnquist Copy Share
It is always possible for the court to overreach its proper bounds and perhaps declare a lot of laws unconstitutional and frustrate the will… — William Rehnquist Copy Share
[I]f we assume a liberty interest but nevertheless say that, even assuming a liberty interest, a state can prohibit it entirely, that would be… — William Rehnquist Copy Share
If you could say of any one individual that the court as an institution is the length and shadow of that individual, surely it… — William Rehnquist Copy Share
We start with first principles. The Constitution creates a Federal Government of enumerated powers. — William Rehnquist Copy Share