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malthaussen

(17,175 posts)
Sun Aug 18, 2013, 09:47 AM Aug 2013

Dissent of Justice Brandeis, Olmstead v. United States:

"Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that, in the administration of the criminal law, the end justifies the means -- to declare that the Government may commit crimes in order to secure the conviction of a private criminal -- would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face."

Olmstead v. United States was argued in 1928! The above is an excerpt from the dissent of Mr Justice Brandeis to the USSC ruling against the plaintiff. For the curious, here is a link to the full dissent:

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0277_0438_ZD.html

"If the Government becomes a lawbreaker, it breeds contempt for law..." we haven't seen much of that since 1928, have we?

-- Mal

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Dissent of Justice Brandeis, Olmstead v. United States: (Original Post) malthaussen Aug 2013 OP
thanks for this op and the link and cali Aug 2013 #1
Coincidently a wiretap case. Downwinder Aug 2013 #2
Coincidentally a 5-4 SCOTUS favoring use of evidence from HardTimes99 Aug 2013 #5
Brandeis's girlfriend was a burlesque dancer. n/t LuvNewcastle Aug 2013 #3
He cheated at solitaire, too. malthaussen Aug 2013 #6
I never knew anything about Brandeis, really, so I LuvNewcastle Aug 2013 #7
He was a Ron Paul Supporter also n2doc Aug 2013 #8
K & R Le Taz Hot Aug 2013 #4

malthaussen

(17,175 posts)
6. He cheated at solitaire, too.
Sun Aug 18, 2013, 10:27 AM
Aug 2013

But seriously, the more I learn about Mr Justice Brandeis, the more there is to admire. Although I doubt it would be much fun to have had a beer with him.

-- Mal

LuvNewcastle

(16,834 posts)
7. I never knew anything about Brandeis, really, so I
Sun Aug 18, 2013, 10:37 AM
Aug 2013

decided to look him up. Looks like he wouldn't have had time for that beer. I would probably have felt really dumb if I had tried to have a conversation with him. He was a genius and a progressive's progressive, it seems.

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