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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDissent 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

cali
(114,904 posts)k&r
Downwinder
(12,869 posts)HardTimes99
(2,049 posts)no-warrant wiretaps. Decision was overturned in 1967.
http://en.wikipedia.org/wiki/Olmstead_v._United_States
LuvNewcastle
(17,114 posts)malthaussen
(18,029 posts)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
(17,114 posts)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.
n2doc
(47,953 posts)Even when Ron was a little 'un!
Le Taz Hot
(22,271 posts)Thank you for this.