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Encyclopedia > Louis Brandeis
Louis Dembitz Brandeis

Associate Justice of the Supreme Court of the United States

Term in office
June 5, 1916 – February 13, 1939
Preceded by Joseph Rucker Lamar
Succeeded by William O. Douglas
Nominated by Woodrow Wilson
Born November 13, 1856
Louisville, Kentucky
Died October 5, 1941

Louis Dembitz Brandeis (November 13, 1856October 5, 1941) was an American litigator, Supreme Court Justice, advocate of privacy, and developer of the Brandeis Brief. In addition, he helped lead the American Zionist movement. Image File history File links Download high resolution version (647x914, 76 KB) Circa 1916, thus public domain. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... June 5 is the 156th day of the year in the Gregorian calendar (157th in leap years), with 209 days remaining. ... 1916 (MCMXVI) was a leap year starting on Saturday (link will take you to calendar). ... February 13 is the 44th day of the year in the Gregorian calendar. ... 1939 (MCMXXXIX) was a common year starting on Sunday (link will take you to calendar). ... Joseph Rucker Lamar (October 15, 1857 – January 2, 1916) was an Associate Justice of the United States Supreme Court appointed by President William Howard Taft. ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924) was the 28th President of the United States (1913–1921). ... November 13 is the 317th day of the year (318th in leap years) in the Gregorian Calendar, with 48 days remaining. ... 1856 was a leap year starting on Tuesday (see link for calendar). ... Louisville redirects here. ... Official language(s) English Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ... October 5 is the 278th day of the year in the Gregorian Calendar (279th in Leap years). ... This article is about the year. ... November 13 is the 317th day of the year (318th in leap years) in the Gregorian Calendar, with 48 days remaining. ... 1856 was a leap year starting on Tuesday (see link for calendar). ... October 5 is the 278th day of the year in the Gregorian Calendar (279th in Leap years). ... This article is about the year. ... English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... Privacy is the ability of an individual or group to keep their lives and personal affairs out of public view, or to stop information about themselves from becoming known to people other than those whom they choose to give the information. ... In the 1908 case Muller v. ... Poster promoting a film about Jewish settlement in Palestine, 1930s: Toward a New Life (in Romanian),The Promised Land (in Hungarian), the small caption (bottom) reads First Palestinian film with sound Zionism is a political movement that supports a homeland for the Jewish people in the Land of Israel, where...


Justice Brandeis was appointed by Woodrow Wilson to the Supreme Court of the United States in 1916 (sworn-in on June 5), and served until 1939. Many were surprised that Wilson — son of a Christian minister — would appoint to the highest court in the land the very first Jewish Supreme Court Justice. Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924) was the 28th President of the United States (1913–1921). ... The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... The word Jew ( Hebrew: יהודי) is used in a wide number of ways, but generally refers to a follower of the Jewish faith, a child of a Jewish mother, or someone of Jewish descent with a connection to Jewish culture or ethnicity and often a combination...


Besides his educational record, Brandeis had for some years been a contributor to the progressive wing of the United States Democratic Party, and had published a noted book in support of competition rather than monopoly in business. And President Wilson, who believed deeply that government must be a moral force for good, responded to similar sentiments in the thought and writings of Brandeis. Progressivism is a term that refers to a broad school of contemporary international social and political philosophies. ... The Democratic Party is one of two major political parties in the United States, the other being the Republican Party. ...

Contents

Early life

Brandeis was born in Louisville, Kentucky. His family immigrated to the United States from Prague following the failed revolution of 1848, settling in Louisville. Brandeis graduated from high school at age 14 with the highest honors. Louisville redirects here. ... Prague (Czech: Praha (IPA: ), see also other names) is the capital and largest city of the Czech Republic. ... It has been suggested that The Gathering Storm: Before the Revolutions of 1848 be merged into this article or section. ...


In 1872, Brandeis went to Europe, first to travel with his family, and then for two years of school at Dresden. Returning in 1875, Brandeis entered Harvard University, graduating from its law school in 1877 not only at the head of his class but with the highest marks of any student to have attended Harvard Law School. Dresden (Sorbian: Drježdźany; etymologically from Old Sorbian Drežďany, meaning people of the riverside forest) is the capital city of the German Federal State of Saxony and situated in a valley on the River Elbe. ... Harvard redirects here. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ...


Brandeis became an attorney in Boston, achieving financial success and taking an active role in progressive causes. He lived on Village Avenue in Dedham, Massachusetts, near Dedham Square and the courthouse where Nicola Sacco and Bartolomeo Vanzetti were tried. During the trial Brandeis welcomed Sacco's wife and children into his home. Nickname: Contentment Settled: 1635 â€“ Incorporated: 1636 Zip Code(s): 02026-02027 â€“ Area Code(s): / 781 Official website: http://www. ... In most counties in the United States the local trial courts conduct their business in a centrally located courthouse which may also house the offices of the county treasurer, clerk and recorder and assessor. ... Bartolomeo Vanzetti (left) and Nicola Sacco (right) Nicola Sacco (real name: Fernando) (April 22, 1891 – August 23, 1927) and Bartolomeo Vanzetti (June 11, 1888 – August 23, 1927) were two Italian-born American anarchists, who were arrested, tried, and executed via electrocution in the American state of Massachusetts. ...


The Brandeis Brief

In the 1908 case Muller v. Oregon, Brandeis, acting as a litigator, collected empirical data from hundreds of sources. In what became known as the "Brandeis Brief", the report provided social authorities with information on the issue of the impact of long working hours on women. This was the first instance in the United States that social science had been used in law and changed the direction of the Supreme Court and of U.S. law. The Brandeis Brief became the model for future Supreme Court presentations. Holding Oregons limit on the working hours of women was constitutional under the Fourteenth Amendment, because it was justified by the strong state interest in protecting womens health. ... The social sciences are groups of academic disciplines that study the human aspects of the world. ... The stela of King Hammurabi depicts the god Shamash revealing a code of laws to the king. ...


Brandeis was always a staunch critic of business, which he considered inefficient and dangerous to American values. As a liberal Supreme Court justice in the New Deal era, Brandeis and a band of prominent admirers, including Felix Frankfurter, argued that central planning was inimical to American values and interests. In historical context The factual accuracy of this section of this article is disputed. ... Justice Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ...


But many New Deal liberals disagreed. They favored central planning and wanted Washington to dictate to a few large corporations rather than thousands of small ones. Brain Truster Raymond Moley, for example, ridiculed the Brandeisian notion that "America could once more become a nation of small proprietors, of corner grocers and smithies under spreading chestnut trees." In the end, the Brandeis view lost ground and central planners played major roles in the New Deal. Raymond Moley, a leading New Dealer who became its bitter opponent. ...


Supreme Court Justice

Overcoming significant opposition to his appointment (notably from ex-President and future Chief Justice William Howard Taft and Harvard University president A. Lawrence Lowell[1]), Brandeis was confirmed to the Supreme Court on June 1, 1916, on a largely party-line 47-22 vote, with one Democrat opposed and three Republicans in favor.[2] He would become one of the most influential and respected Supreme Court Justices in United States history. His votes and opinions envisioned the greater protections for individual rights and greater flexibility for government in economic regulation that would prevail in later courts. William Howard Taft (September 15, 1857 – March 8, 1930) was an American politician, the 27th President of the United States, the 10th Chief Justice of the United States, a leader of the progressive conservative wing of the Republican Party in the early twentieth century, a chaired professor at Yale Law... Harvard redirects here. ... Abbott Lawrence Lowell (January 1, 1856–January 6, 1943), an educator, historian and Boston Brahmin, was the President of Harvard University from 1909 to 1933. ...


In his widely-cited dissenting opinion in Olmstead v. United States (1928), Brandeis argued, as he had in an influential law review article prior to being nominated to the Court that the Constitution protected a "right of privacy," calling it "the most comprehensive of rights and the right most valued by civilized men." Brandeis' position in Olmstead became the law of the land in 1967's Katz v. United States, which overturned Olmstead. Olmstead v. ... Holding The Court extended the Fourth Amendment protection from unreasonable searches and seizures to protect individuals in a telephone booth from wiretaps by authorities without a warrant. ...


Brandeis also joined with fellow justice Oliver Wendell Holmes, Jr. in calling for greater Constitutional protection for speech, disagreeing with the Court's analysis in upholding a conviction for aiding the Communist Party in Whitney v. California (1927) (though concurring with the disposition of the case on technical grounds). Brandeis's opinion foreshadows the greater speech protections enforced by the Earl Warren Court. Oliver Wendell Holmes, Jr. ... Holding Defendants conviction under Californias criminal syndicalism statute for membership in the Communist Labor Party did not violate her free speech rights as protected under the Fourteenth Amendment, because states may constitutionally prohibit speech tending to incite to crime, disturb the public peace, or threaten the overthrow of... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ...


Brandeis also opposed the Supreme Court's doctrine of "liberty of contract," which often acted to shield business from government regulation on the right of employers and employees to freely contract with each other, and argued that the Court should adopt a broader view of what constituted "commerce" which could be regulated by Congress, foreshadowing decisions such as 1941's United States v. Darby. Holding Fair Labor Standards Act was a constitutional exercise of Congressional power under the Commerce Clause. ...


In New State Ice Co. v. Leibmann (1932), Brandeis in dissent famously urged that the states should be able to be "laboratories" for innovative government action, in the face of the Supreme Court's frequent invalidation of state measures regulating business. Brandeis's views on "liberty of contract" would prevail in the long run, culminating in the seminal Supreme Court case of West Coast Hotel v. Parrish (1937). He was urging deference to legislative judgments when fundamental individual liberties are not seriously threatened and showing a healthy respect for the vertical (federal vs. states vs. individual) and horizontal (judicial vs. legislative) separations of power. Holding Washingtons minimum wage law for women was a valid regulation of the right to contract freely because of the states special interest in protecting their health and ability to support themselves. ...


As an octogenarian, Brandeis was deeply offended by his friend Franklin Roosevelt's court-packing scheme of 1937, with its implication that elderly justices needed special help to carry out their duties. Brandeis retired from the Court in 1939, to be replaced by William O. Douglas. An octogenarian is a person in the age group of 80 to 89 years old. ... Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... It has been suggested that Judicial Reorganization Bill be merged into this article or section. ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ...


Zionist leader

Brandeis also became the most prominent American Zionist. Zionism was the movement to establish a Jewish homeland in Palestine. Not raised religious, Brandeis became involved in Zionism through a 1912 conversation with Jacob de Haas, editor of a Boston Jewish weekly and a follower of Theodore Herzl. Brandeis became active in the Federation of American Zionists as a result. With the outbreak of World War I, the Zionist movement's headquarters in Berlin became ineffectual, and American Jewry had to assume larger responsibility for the Zionist movement. When the Provisional Executive Committee for Zionist Affairs was established in New York, Brandeis accepted unanimous election to be its head. In this position from 1914 to 1918, Brandeis was the leader of American Zionism. Brandeis embarked on a speaking tour in the fall and winter of 1914-1915 to support the Zionist cause. Brandeis emphasized the goal of self-determination and freedom for Jews through the development of a Jewish homeland in Palestine and the compatibility of Zionism and American patriotism. A bilingual poster in Romanian and Hungarian promoting a film about Jewish settlement in Palestine, 1930s. ... Map of the British Mandate of Palestine. ... Theodor Herzl Theodor Herzl (May 2, 1860–July 3, 1904) was an Austrian Jewish journalist who became the founder of modern political Zionism. ... Combatants Allied Powers: France Italy Russia Serbia United Kingdom United States Central Powers: Austria-Hungary Bulgaria Germany Ottoman Empire Commanders Douglas Haig John Jellicoe Ferdinand Foch Georges Clemenceau Luigi Cadorna Nicholas II Aleksei Brusilov Woodrow Wilson John Pershing Wilhelm II Paul von Hindenburg Reinhard Scheer Franz Josef I Conrad von... Berlin is the capital city and a state of Germany. ... New York, New York redirects here. ...


Brandeis brought his influence in the Woodrow Wilson administration to bear in the negotiations leading up to the Balfour Declaration. Brandeis split with the European branch of Zionism, led by Chaim Weizmann, and resigned a leadership role in 1921. He retained membership, however, and remained active in Zionism until the end of his life. Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924) was the 28th President of the United States (1913–1921). ... The name Balfour Declaration is applied to two key British government policy statements associated with Conservative statesman and former Prime Minister Arthur Balfour. ... Chaim Weizmann and Harry S. Truman, May 25, 1948 Chaim Azriel Weizmann (Hebrew: חיים ויצמן) (also: Chaijim W., Haim W.) (November 27, 1874 – November 9, 1952) chemist, statesman, President of the World Zionist Organization, first President of Israel (elected May 16, 1948, served 1949 - 1952) and founder of a research institute in...


Brandeis died in 1941. After the passing of the renowned jurist, a court officer was clearing out his chambers, and a large bust of Jacob Frank was found amongst his most treasured possessions. Jacob Frank (1726-1791) was a Jewish merchant who claimed to be the messiah. ...


The cremated remains of Justice Brandeis are interred under the portico of the Louis Brandeis Law school at the University of Louisville. A large collection of Brandeis's personal and official files is also archived at that institution. The University of Louisville (also known as U of L, Louisville, or the Ville) is a public, state-supported university located in Louisville, Kentucky, USA. It is mandated [1] by the Kentucky General Assembly to be a Preeminent Metropolitan Research University. ...


Namesake institutions

Brandeis University is a private university in Waltham, Massachusetts, United States. ... Often called the true birthplace of the industrial revolution, Waltham is a city in Middlesex County, Massachusetts, United States. ... The Brandeis Award recognizes those have done exemplary work to protect and champion privacy. ... Brandeis University is a private university in Waltham, Massachusetts, United States. ... The University of Louisville (also known as U of L, Louisville, or the Ville) is a public, state-supported university located in Louisville, Kentucky, USA. It is mandated [1] by the Kentucky General Assembly to be a Preeminent Metropolitan Research University. ... Rodins The Burghers of Calais in Calais, France. ... The Thinker, bronze cast by Alexis Rudier, Ny Carlsberg Glyptotek, Copenhagen The Thinker (French: Le Penseur) is one of Auguste Rodins famous bronze sculptures. ... A law review is a scholarly journal focusing on legal issues, published by an organization of students at a law school. ... The Brandeis Medal is awarded to individuals whose lives reflect Justice Louis Brandeis commitment to the ideals of individual liberty, concern for the disadvantaged and public service. ... Kibbutz Dan, near Qiryat Shemona, in the Upper Galilee, 1990s A kibbutz (Hebrew: קיבוץ; plural: kibbutzim: קיבוצים, gathering or together) is an Israeli collective intentional community. ... Ein HaShofet (Hebrew: עין השופט) is a Kibbutz located approxamently 25 km away from Haifa, Israel. ... View of Grand Street showing 26 years of cooperative development: Amalgamated Dwellings (1930) in the foreground with two of the Hillman Housing buildings (1947-50) behind it. ... A housing co-operative is a legal entity that owns real estate, one or more residential buildings. ... The Amalgamated Clothing Workers of America was a United States labor union known for its support for social unionism and progressive political causes. ... Categories: Manhattan neighborhoods | Stub ...

References

Selected works by Brandeis

  • The Brandeis Guide to the Modern World, Alfred Lief, editor (Boston: Little Brown & Co., 1941)
  • Brandeis on Zionism, Solomon Goldman, editor (Washington, D.C.: Zionist Organization of America, 1942)
  • Business, a Profession, Ernest Poole, editor (Boston, MA: Small, Maynard, 1914)
  • The Curse of Bigness, Osmond K. Fraenkel, editor (New York, NY: Viking Press, 1934)
  • The Words of Justice Brandeis, Solomon Goldman, editor (New York, N.Y.: Henry Schuman, 1953)
  • Others People's Money and How to Use It (New York, NY: Stokes, 1914)
  • Melvin I. Urofsky & David W. Levy, editors, Half Brother, Half Son: The Letters of Louis D. Brandeis to Felix Frankfurter (University of Oklahoma Press, 1991)
  • Melvin I. Urofsky, editor, Letters of Louis D. Brandeis (State University of New York Press, 1980)
  • Melvin I. Urofsky & David W. Levy, editors, Letters of Louis D. Brandeis (State University of New York Press, 1971-1978, 5 vols.)
  • Louis Brandeis & Samuel Warren "The Right to Privacy," 4 Harvard Law Review 193-220 (1890-91)
  • "The Living Law," 10 Illinois Law Review 461 (1916)

Samuel Dennis Warren (born 1852) was a Boston attorney. ...

Books about Brandeis

  • Leonard Baker, Brandeis & Frankfurter: A Dual Biography (New York, N.Y.: Harper & Row, 1984)
  • Alexander M. Bickel, The Unpublished Opinions of Mr. Justice Brandeis (Cambridge, MA: Harvard University Press, 1957)
  • Robert A. Burt, Two Jewish Justices: Outcasts in the Promised Land (Berkeley, CA: University of California Press, 1988)
  • Nelson L. Dawson, editor, Brandeis and America (Lexington, KY: University Press of Kentucky, 1989)
  • Jacob DeHaas, Louis D. Brandeis, A Biographical Sketch (Blach, 1929)
  • Felix Frankfurter, editor, Mr. Justice Brandeis (New Haven, CT: Yale University Press, 1932)
  • Ben Halpern, A Clash of Heroes: Brandeis, Weizman, and American Zionism (New York, N. Y.: Oxford University Press, 1986)
  • Samuel J. Konefsky, The Legacy of Holmes & Brandeis: A Study in the Influence of Ideas (New York, N.Y.: Macmillan Co., 1956)
  • David W. Levy, editor, The Family Letters of Louis D. Brandeis (University of Oklahoma Press, 2002)
  • Alfred Lief, Brandeis: The Personal History of an American Ideal (New York, N.Y.: Stackpole Sons, 1936)
  • Alfred Lief, editor, The Social & Economic Views of Mr. Justice Brandeis (New York, N.Y.: The Vanguard Press, 1930)
  • Jacob Rader Marcus, Louis Brandeis (Twayne Publishing, 1997)
  • Alpheus Thomas Mason, Brandeis: A Free Man's Life (New York, N.Y.: The Viking Press, 1946)
  • Alpheus Thomas Mason, Brandeis & The Modern State (Princeton, N.J.: Princeton University Press, 1933)
  • Thomas McGraw, Prophets of Regulation: Charles Francis Adams, Louis D. Brandeis, James M. Landis, Alfred E. Kahn (Cambridge, MA: Harvard University Press, 1984)
  • Ray M. Mersky, Louis Dembitz Brandeis 1856-1941: Bibliography (Fred B Rothman & Co; reprint ed., 1958)
  • Bruce Allen Murphy, The Brandeis/Frankfurter Connection: The Secret Activities of Two Supreme Court Justices (New York, N.Y.: Oxford University Press, 1982)
  • Lewis J. Paper, Brandeis: An Intimate Biography of one of America's Truly Great Supreme Court Justices (Englewood Cliffs, N.J.: Pretice-Hall, Inc., 1983)
  • Catherine Owens Peare, The Louis D. Brandeis Story (Ty Crowell Co., 1970)
  • Edward A. Purcell, Jr., Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America (New Haven, CN: Yale University Press 2000)
  • Philippa Strum, Brandeis: Beyond Progressivism (Lawrence, KS: University Press of Kansas, 1993)
  • Philippa Strum, editor, Brandeis on Democracy (Lawrence, KS: University Press of Kansas, 1995)
  • Philippa Strum, Louis D. Brandeis: Justice for the People (Cambridge, Mass.: Harvard University Press, 1988)
  • A.L. Todd, Justice on Trial: The Case of Louis D. Brandeis (New York, N.Y: McGraw-Hill, 1964)
  • Melvin I. Urofsky, A Mind of One Piece: Brandeis and American Reform (New York, N.Y., Scribner, 1971)
  • Melvin I. Urofsky, Louis D. Brandeis, American Zionist (Jewish Historical Society of Greater Washington, 1992) (monograph)
  • Melvin I. Urofsky, Louis D. Brandeis & the Progressive Tradition (Boston, MA: Little Brown & Co., 1981)
  • Nancy Woloch, Muller v. Oregon: A Brief History with Documents (Boston, MA: Bedford Books, 1996)

Select articles

  • Ashutosh A. Bhagwat, "The Story of Whitney v. California: The Power of Ideas," in Michael C. Dorf, ed., Constitutional Law Stories 418-520 (Foundation Press, 2004)
  • Vincent Blasi, "The First Amendment and the Ideal of Civic Courage: The Brandeis Opinion in Whitney v. California," 29 William & Mary Law Review 653 (1988)
  • Bradley C. Bobertz, "The Brandeis Gambit: The Making of America’s 'First Freedom,' 1909-1931," 40 William & Mary Law Review 557 (1999)
  • Ronald Collins & David Skover, “Curious Concurrence: Justice Brandeis’s Vote in Whitney v. California,” 2005 Supreme Court Review 1-52
  • Ronald Collins & Jennifer Friesen, "Looking Back on Muller v. Oregon," 69 American Bar Association Journal 294-298, 472-477 (March & April, 1983)
  • Nancy Erickson, "Muller v. Oregon Reconsidered: The Origins of a Sex-Based Doctrine of Liberty of Contract," 30 Labor History 228-250 (1989)
  • Felix Frankfurter, "Hours of Labor & Realism in Constitutional Law," 29 Harvard Law Review 353 (1916)
  • Clyde Spillenger, "Elusive Advocate: Reconsidering Brandeis as People’s Lawyer," 105 Yale Law Journal 1445 (1996)
  • Clyde Spillenger, "Reading the Judicial Canon: Alexander Bickel and the Book of Brandeis," 79 Journal of American History 125 (1992)
  • Melvin Urofsky, "Louis D. Brandeis: Advocate Before and On the Bench," 30 Journal of Supreme Court History 31 (March, 2005)
  • Melvin Urofsky, "State Courts & Protective Legislation during the Progressive Era: A Reevaluation," 72 Journal of American History 63-91 (1985)
  • Clement E. Vose, "The National Consumers' League and the Brandeis Brief," 1 Midwest Journal of Political Science 267-290 (1957)

Selected opinions

  • Ashwander v. Tennessee Valley Authority (1936) (concurring)
  • Erie Railroad Co. v. Tompkins (1938) (majority)
  • Gilbert v. Minnesota (1920) (dissenting)
  • New State Ice Co. v. Liebmann (1932) (dissenting)
  • Olmstead v. United States (1928) (dissenting)
  • Ruthenberg v. Michigan (1927) (unpublished dissent)
  • Sugarman v. United States (1919) (majority)
  • United States ex rel Milwaukee Social Democratic Publishing Co. v. Burleson (1921) (dissenting)
  • Whitney v. California (1927) (concurring)
  • The Collected Supreme Court Opinions of Louis D. Brandeis

Selected quotations

  • "Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears."[3]
  • "The best disinfectant is sunshine."[citation needed]
  • "The most important political office is that of the private citizen."[citation needed]
  • "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." [4]
  • "Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty."[5]
  • "We can have a democratic society or we can have great concentrated wealth in the hands of a few. We cannot have both."[citation needed]
  • "Those who won our independence believed that the final end of the state was to make men free to develop their faculties, and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government."[6]
  • "Full and free exercise of this right by the citizen is ordinarily also his duty; for its exercise is more important to the nation than it is to himself. Like the course of the heavenly bodies, harmony in national life is a resultant of the struggle between contending forces. In frank expression of conflicting opinion lies the greatest promise of wisdom in governmental action; and in suppression lies ordinarily the greatest peril."[7]
  • "The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone-the most comprehensive of rights and the right most valued by civilized men."[8]
  • "Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. 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."[9]
  • "There are many men now living who were in the habit of using the age-old expression: 'It is as impossible as flying.' The discoveries in physical science, the triumphs in invention, attest the value of the process of trial and error. In large measure, these advances have been due to experimentation."[10]

References

  1. ^ "Contends Brandeis Is Unfit; Dr Lowell and 54 Bostonians Submit Petition to Senate." The New York Times, February 13, 1916, p. 16; petition submitted by Lowell and "fifty-four citizens of Boston, most of whom are understood to be lawyers," reading in part "An appointment to this court should only be conferred upon a member of the legal profession whose general reputation is as good as his legal attainments are great. We do not believe that Mr. Brandeis has the judicial temperament and capacity which should be required in a Judge of the Supreme Court. His reputation as a lawyer is such that he has not the confidence of the people." Countering this, the Times on May 22 quoted a letter to a senator from Harvard President Emeritus Charles W. Eliot lauding Brandeis as a "a learned jurist" endowed with "altruism and public spirit," and saying that his rejection would be "a grave misfortune for the whole legal profession, the court, all American business, and the country."
  2. ^ "Confirm Brandeis by Vote of 47 to 22", The New York Times, June 2, 1916.
  3. ^ Whitney v. California (1927) (concurring)
  4. ^ Other People’s Money, and How the Bankers Use It (1933)
  5. ^ Whitney v. California (1927) (concurring)
  6. ^ Whitney v. California (1927) (concurring)
  7. ^ Gilbert v. Minnesota (1920) (dissenting)
  8. ^ Olmstead v. U.S. (1928) (dissenting)
  9. ^ ibid.
  10. ^ New State Ice Co. v. Liebmann (1932) (dissenting)

Prof. ... The New York Times is a newspaper published in New York City by Arthur Ochs Sulzberger Jr. ...

See also

This is a list of famous people and celebrities that were either born in or have lived in Louisville, Kentucky. ...

External links

Wikiquote has a collection of quotations related to:
Louis Brandeis
  • Harvard University Library Open Collections Program. Women Working, 1870-1930, Louis Brandeis (1846-1941). A full-text searchable online database with complete access to publications written by Louis Brandeis.
Preceded by:
Joseph Rucker Lamar
Associate Justice of the Supreme Court of the United States
June 5, 1916February 13, 1939
Succeeded by:
William O. Douglas
The White Court Seal of the U.S. Supreme Court
1916–1921: J. McKenna | O.W. Holmes | Wm. R. Day | W. Van Devanter | M. Pitney | J.C. McReynolds | L.D. Brandeis | J. H. Clarke
The Taft Court
1921–1922: J. McKenna | O.W. Holmes | Wm. R. Day | W. Van Devanter | M. Pitney | J.C McReynolds | L.D. Brandeis | J.H. Clarke
1922: J. McKenna | O.W. Holmes | Wm. R. Day | W. Van Devanter | M. Pitney | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland
1923–1925: J. McKenna | O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford
1925–1930: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford | H.F. Stone
The Hughes Court
February–March 1930: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford | H.F. Stone
June 1930–1932: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | H.F. Stone | O.J. Roberts
1932–1937: W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | H.F. Stone | O.J. Roberts | B.N. Cardozo
1937–1938: J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | H.F. Stone | O.J. Roberts | B.N. Cardozo | H. Black
1938: J.C. McReynolds | L.D. Brandeis | P. Butler | H.F. Stone | O.J. Roberts | B.N. Cardozo | H. Black | S.F. Reed
1939: J.C. McReynolds | L.D. Brandeis | P. Butler | H.F. Stone | O.J. Roberts | H. Black | S.F. Reed | F. Frankfurter | Wm. O. Douglas

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Louis Brandeis (740 words)
Brandeis was a reformer who was interested in freeing government from corruption, making democratic government a reality, and using the law to protect the powerless from the powerful.
Brandeis agreed to defend Oregon's law, and produced what is now called a "Brandeis brief." The brief consisted of a couple of pages stating the test of the law's constitutionality.
Brandeis was not a religiously observant Jew, but believed deeply in the cause of Zionism, and is considered one of the most important leaders in the history of Zionism.
Brandeis, Louis (430 words)
Brandeis, Louis D. Brandeis was born in Louisville, Kentucky in 1856 to a family tolerant of Jewish and Christian rituals.
Brandeis had a major impact on the American branch of the Zionist movement, drawing to it a number of sympathisers, improving its organization and its finance.
Brandeis did intervene from time to time in political matters for example he appealed to Roosevelt to oppose the British partition scheme of 1937 calling instead for the whole area of Eretz-Israel to become a Jewish National Home.
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