Hugo Black

“ Our responsibility is rather to determine whether petitioners have been denied rights expressly or impliedly guaranteed by the Federal Constitution as written. I agree with the Court's conclusions that the procedures employed by California and Ohio to determine whether capital punishment shall be imposed do not offend the Due Process Clause of the Fourteenth Amendment. ”

“ California, 342 U.S. 165, 174, 72 S.Ct. 205, 210, 96 L.Ed. 183 (1952) (Black, J., concurring) ; United States v. Wade, 388 U.S. 218, 243, 87 S.Ct. 1926, 1940-1941, 18 L.Ed.2d 1149 (1967) (Black, J., concurring and dissenting) . ”