William O. Douglas

“ It was that judicial attitude, not the theory of standing to sue rejected in Frothingham, that involved 'important hazards for the continued effectiveness of the federal judiciary,' to borrow a phase from my Brother HARLAN. A contrary result in Frothingham in that setting might well have accentuated an ominous trend to judicial supremacy.
But we no longer undertake to exercise that kind of power. Today's problem is in a different setting.
Most laws passed by Congress do not contain even a ghost of a constitutional question. ”

“ There need be no inundation of the federal courts if taxpayers' suits are allowed. There is a wise judicial discretion that usually can distinguish between the frivolous question and the substantial question, between cases ripe for decision and cases that need prior administrative processing, and the like. ”

“ The 'political' decision, as distinguished from the 'justiciable' ones, occupy most of the spectrum of congressional action. The case or controversy requirement comes into play only when the Federal Government does something that affects a person's life, his liberty, or his property. ”

“ Be not reasonable with punitive denationalizations, ex post facto deportations, labels of disloyalty, and all the other stratagems for outlawing human beings from the community of mankind. These devices have put us to shame. ”

“ Gideon Hausner, after reviewing the severe security measures sometimes needed for Israel's survival and the vigilance of her courts in maintaining the rights of individuals, recently stated, 'When all is said and done, one is inclined to think that a rigid constitutional frame is on the whole preferable even if it serves no better purpose than obstructing and embarrassing an over-active Executive.' Individuals' Rights in the Courts of Israel, International Lawyers Convention In Israel, 1958, pp. ”

“ The 'three pence' mentioned by Madison may signal a monstrous invasion by the Government into church affairs, and so on.
The States have experimented with taxpayers' suits and with only two exceptions [2] now allow them. A few state decisions are frankly based on the theory that a taxpayer is a private attorney general seeking to vindicate the public interest. [3] Some of them require that the taxpayer have more than an infinitesimal financial stake in the problem. ”