Felix FrankfurterFelix Frankfurter, (1882-1965) U.S. Supreme Court Justice

Felix Frankfurter Quote

“The history of liberty has largely been the history of the observance of procedural safeguards.”

Felix FrankfurterFelix Frankfurter
~ Felix Frankfurter

McNabb v. United States, 1943

Ratings and Comments

jim k, austin

For safeguards, how about the Constitution, which has been largely violated since 1861.

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RBESRQ    7/22/09

ditto re my comments on one and three

Waffler, Smith

Can you prove it Jimmy?

Mike, Norwalk
  • Reply
Mike, Norwalk Waffler, Smith 12/10/20

I can prove it. I can prove the 16th Amendment was never constitutionally ratified but I can't get a court to accept the case.

Mike, Norwalk
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Mike, Norwalk Waffler, Smith 12/10/20

Article IV, Section 4 of the U.S. Constitution (the only time the word guarantee was used in that document) was a generalization describing Individual sovereigns united in inalienable rights at liberty within "the laws of nature and of nature's God" (Declaration of Independence).

Little no no semblance of said natural law exists, an individual sovereign's inalienable rights are not recognized (by example, the occupying statist theocracy infesting this land with its forced compelled compliance, government licenses, victimless crimes, larceny with impunity (2nd plank of the communist manifesto, Social Security, police state confiscations, etc.) and no absolute ownership of property (perfected allodium) and no only the slightest mouthing of liberty.

Liberty is: “The power of acting as one thinks fit, without any restraint or control, except from the laws of nature.” (Bouvier’s Law Dictionary)

Liberty is the “exemption from extraneous control. The power of the will, in its moral freedom, to follow the dictates of its unrestricted choice, and to direct the external acts of the individual without restraint, coercion, or control from other persons. Liberty is the right which nature gives to all mankind of disposing of their persons and property after the manner they judge most consistent with their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere with an equal exercise of the same rights by other men.” (Black’s Law Dictionary 1st ed.).

Clarifying original fact, natural law intent, and de jure jurisprudence: “Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the rights of the individual.” (Thomas Jefferson)

“The Natural Liberty of Man is to be free from any Superior Power on Earth, and not to be under the Will or Legislative Authority of Man, but to have only the Law of Nature for his Rule.” (John Locke - second most quoted source for creation of the Constitution)

“Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property ⋯ and is regarded as inalienable.” (16 C.J.S., Constitutional Law, Sect.202, p.987).

Liberty, under “the laws of nature and of nature’s God” (Declaration of Independence) – natural law, is the state of exercising all inalienable rights. “All men are created equally free and independent, and have certain inherent rights, of which they cannot, by any compact, deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing the obtaining of happiness and safety.” (George Mason)

E Archer, NYC

How very true. Today's courts will not even allow you in your defense to cite a case prior to 1934 (mostly because that is when the Common Law jurisdiction was merged with the Commercial Law jurisdiction due to the use of commercial paper for financial transactions -- i.e. Federal Reserve Notes). We don't even know what the procedural safeguards are anymore!!

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Anon    7/22/09

Right on Archer, safeguards are made up as the judicial process calls for depending on the details of the case and by those who run the procedure and in most cases today what the desired outcome is by the politics of the day. There is no blindfolded justice today.

hromano, Bangkok

I don't know.  Doesn't sound like give me liberty or give ne death.  Sounds like give me safety.  All slaves are happy if they are safe, until they they are not.

Ronw13, Idaho

A very vague statement, intended to be shallow for a people unknowing. 

E Archer, NYC

Indeed.  The 2020 Election fiasco will be a defining moment in procedural safeguards  otherwise known as "due process."

Mike, Norwalk

ummm, sometimes. If and when procedural safeguards to liberty exist(ed), depending on the application and outcome history does show some positive outcomes. Within the occupying statist theocracy infesting this land, we shall see if any of the safeguards will come to fruition. I think they can and will but, we shall see.


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