"It must take account of what it decrees for today in order that today may not paralyze tomorrow"
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A good court ruling, Frankfurter suggests, should behave less like a gavel and more like a time machine with a conscience. The line is a compact warning about the temptation to treat today as the only jurisdiction that matters: the moral panic of the moment, the political bargain of the term, the easy clarity of a present crisis. If law ossifies around that instant, it can “paralyze” the future by locking in rules that outlive the conditions that justified them.
The phrasing is deliberately bureaucratic - “take account,” “decrees” - but the anxiety underneath is alive. Frankfurter is writing from inside the machinery of American constitutional law, where precedents don’t merely resolve disputes; they script the next generation’s options. “Today” isn’t just a date on the calendar. It’s a proxy for majoritarian pressure, wartime urgency, and the judiciary’s own appetite for sweeping solutions. He’s cautioning that a court can accidentally convert temporary necessity into permanent doctrine.
As a Supreme Court Justice associated with judicial restraint, Frankfurter is also defending an institutional stance: judges should be wary of decisions that feel righteous now but foreclose democratic experimentation later. The line doubles as self-policing advice to the bench: humility isn’t meekness; it’s an awareness of how power travels through time. The future can’t argue back in court, so the judge has to imagine it - and leave it room to breathe.
The phrasing is deliberately bureaucratic - “take account,” “decrees” - but the anxiety underneath is alive. Frankfurter is writing from inside the machinery of American constitutional law, where precedents don’t merely resolve disputes; they script the next generation’s options. “Today” isn’t just a date on the calendar. It’s a proxy for majoritarian pressure, wartime urgency, and the judiciary’s own appetite for sweeping solutions. He’s cautioning that a court can accidentally convert temporary necessity into permanent doctrine.
As a Supreme Court Justice associated with judicial restraint, Frankfurter is also defending an institutional stance: judges should be wary of decisions that feel righteous now but foreclose democratic experimentation later. The line doubles as self-policing advice to the bench: humility isn’t meekness; it’s an awareness of how power travels through time. The future can’t argue back in court, so the judge has to imagine it - and leave it room to breathe.
Quote Details
| Topic | Decision-Making |
|---|---|
| Source | Help us find the source |
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