"Calculated risks of abuse are taken in order to preserve higher values"
About this Quote
The key move is the word "preserve". Preservation is conservative by temperament: it implies an existing order worth defending, a fragile inheritance under threat. That rhetorical posture mattered in Burger's era, when the Warren Court's rights revolution had expanded protections for defendants and the press, and the backlash was gathering force around crime, disorder, and national security. Burger, as Chief Justice, often positioned himself as the custodian of institutional legitimacy, skeptical of rights claims that, in his view, invited chaos or weakened the state.
"Abuse" is the admission that makes the line dangerous. He doesn't deny overreach; he normalizes it as a priced-in possibility. Then comes the escape hatch: "higher values". It's an elastic category that lets the speaker elevate discretion into virtue. The subtext is a warning to civil libertarians: absolute safeguards are luxuries; the system needs room to operate, even if that means tolerating some wrongful searches, coercive interrogations, or prosecutorial excess.
The quote works because it compresses a whole philosophy of power into managerial language: if liberty is a risk, authority is the insurance policy. Whether you read it as realism or rationalization depends on whether you trust the calculators.
Quote Details
| Topic | Ethics & Morality |
|---|---|
| Source | Help us find the source |
| Cite | Cite this Quote |
Citation Formats
APA Style (7th ed.)
Burger, Warren E. (2026, January 16). Calculated risks of abuse are taken in order to preserve higher values. FixQuotes. https://fixquotes.com/quotes/calculated-risks-of-abuse-are-taken-in-order-to-117761/
Chicago Style
Burger, Warren E. "Calculated risks of abuse are taken in order to preserve higher values." FixQuotes. January 16, 2026. https://fixquotes.com/quotes/calculated-risks-of-abuse-are-taken-in-order-to-117761/.
MLA Style (9th ed.)
"Calculated risks of abuse are taken in order to preserve higher values." FixQuotes, 16 Jan. 2026, https://fixquotes.com/quotes/calculated-risks-of-abuse-are-taken-in-order-to-117761/. Accessed 4 Feb. 2026.










