Notre Dame Law Review Volume 27 | Issue 3 Article 1 5-1-1952 Bowing Out Clear and Present Danger Edward S. Corwin Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Edward S. Corwin, Bowing Out Clear and Present Danger, 27 Notre Dame L. Rev. 325 (1952). Available at: http://scholarship.law.nd.edu/ndlr/vol27/iss3/1 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. NOTRE DAME LAWYER A Quarterly Law Review VOL. XXVII SPRING, 1952 No. 3 BOWING OUT "CLEAR AND PRESENT DANGER" ( S'VERY institution," wrote Emerson, "is the length- L" ened shadow of one man." The observation is no- where borne out more strikingly than in judicial doctrines, which often exert an influence truly institutional in scope. An outstanding example in the field of American public law is Chief Justice Marshall's famous dictum that "the power to tax is the power to destroy." 1 Reflecting the lesson that Marshall drew from his experience as a young soldier under a government whose activities were repeatedly balked by local selfishness, this dictum came ultimately, through his dominant agency, to furnish the core of an important chapter of our constitutional law. A comparable instance in recent times is afforded by Justice Holmes' personal re- sponsibility for the "clear and present danger" formula, a formula which illustrates a facet of its distinguished author's education and habit of mind.