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Approach Quote by Warren E. Burger

“[I]n constitutional adjudication some steps, which when taken were thought to approach 'the verge,' have become the platform for yet further steps. A certain momentum develops in constitutional theory and it can be a 'downhill thrust' easily set in motion but difficult to retard or stop.” quote by Warren E. Burger
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“[I]n constitutional adjudication some steps, which when taken were thought to approach 'the verge,' have become the platform for yet further steps. A certain momentum develops in constitutional theory and it can be a 'downhill thrust' easily set in motion but difficult to retard or stop.”

Warren E. Burger

About This Quote

Source Speech: “Constitutional Theory” by Chief Justice Warren E. Burger, 1972

Legal doctrines evolve step by step, gaining momentum that can be hard to stop once set in motion.

In simple terms: Legal ideas grow and become hard to reverse.

Key Takeaway

Recognize the power of incremental legal change.

Themes

law progress momentum

Mood

analytical cautious

Type

academic legal

When to use this quote

  • legislative drafting
  • court decisions
  • policy analysis

Key Concepts

constitutional theory judicial precedent

Questions to Reflect On

  • How can we ensure careful legal evolution?
  • What safeguards prevent runaway jurisprudence?
A Different Perspective

Momentum can lead to unintended consequences.

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