Monday, October 3, 2016

The most important office is that of the private citizen

Quotations from Louis D. Brandeis, jurist and Associate Justice of the Supreme Court.
The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from the world . . . .
- "The Right to Privacy," 4 Harvard L. Rev. 193, 196 (1890).


When a man feels that he cannot leave his work, it is a sure sign of an impending collapse.
- Letter to Alfred Brandeis (March 8, 1897), reprinted in Letters of Louis D. Brandeis Volume I 127 (Melvin I. Urovsky & David W. Levy, eds., State University of New York Press 1971).


What I have desired to do is to make the people of Boston realize that the most important office, and the one which all of us can and should fill, is that of private citizen. The duties of the office of private citizen cannot under a republican form of government be neglected without serious injury to the public.
- Statement to a reporter in the Boston Record, 14 April 1903. (quoted in Alpheus Thomas Mason, Brandeis: A Free Man's Life (1946), p. 122.)
Commonly paraphrased as "The most important office is that of the private citizen" or "The most important political office is that of the private citizen", and sometimes misattributed to his dissenting opinion in Olmstead v. United States.


There must be opportunities for judgment to mature. When, therefore, you increase your business to a very great extent, and the multitude of problems increase with its growth, you will find, in the first place, that the man at the head has a diminishing knowledge of the facts and, in the second place, a diminishing opportunity of exercising a careful judgment upon them.
- Testimony before the United States Senate, Committee On Interstate Commerce (December 14, 1911).


If we desire respect for the law, we must first make the law respectable.
- in the Cleveland Plain Dealer (15 October 1912), as cited in A Treasury of Jewish Quotations, ed. Joseph L. Baron, Rowman & Littlefield (1996), p. 269 : ISBN 1568219482


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.
- Other People's Money—and How Bankers Use It (1914).


A man is a better citizen of the United States for being also a loyal citizen of his state, and of his city; for being loyal to his family, and to his profession or trade; for being loyal to his college or his lodge. . . . For only through the ennobling effect of its strivings can we develop the best that is in us and give to this country the full benefit of our great inheritance.
- The Jewish Problem And How to Solve It (1915).


At the foundation of our civil liberty lies the principle which denies to government officials an exceptional position before the law and which subjects them to the same rules of conduct that are commands to the citizen.
- Dissent, Burdeau v. McDowell, 256 U.S. 465, 477 (1921).


Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears.
- Concurring, Whitney v. California, 274 U.S. 357, 376 (1927).


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.
- Dissenting, Olmstead v. United States, 277 U.S. 438 (1928).


The defendants' objections to the evidence obtained by wire-tapping must, in my opinion, be sustained. It is, of course, immaterial where the physical connection with the telephone wires leading into the defendants' premises was made. And it is also immaterial that the intrusion was in aid of law enforcement. Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
- Dissenting, Olmstead v. United States, 277 U.S. 438, 479 (1928). The last sentence is one of many quotations inscribed on Cox Corridor II, a first floor House corridor, U.S. Capitol.


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. 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.
- Dissenting, Olmstead v. United States, 277 U.S. 438 (1928).

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