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Justice Brandeis said it all

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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 10:09 PM
Original message
Justice Brandeis said it all
Olmstead v. United States, 277 U.S. 438, 470 , was put by Justice Brandeis in a constitutional frame of reference:

'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 alone-the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed must be deemed a violation of the Fourth Amendment.' Id., at 478.

And he added:

'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 imperilled 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.' Id., at 485.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=409&invol=1013

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yourout Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 10:13 PM
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1. Timeless words for a difficult time.
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LiberalPartisan Donating Member (844 posts) Send PM | Profile | Ignore Thu May-11-06 10:26 PM
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2. Brandeis' words compel me to ask
Is a country that would so eagerly shred the values upon which it was founded even worth saving?

I wonder.
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Roland99 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 10:28 PM
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3. Hometown boy!
:D
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Eileen Donating Member (150 posts) Send PM | Profile | Ignore Thu May-11-06 11:04 PM
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4. Dupe
Edited on Thu May-11-06 11:11 PM by Eileen
NM
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 11:05 PM
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6. .....
:thumbsup:
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Eileen Donating Member (150 posts) Send PM | Profile | Ignore Thu May-11-06 11:04 PM
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5. A Classic Lline from his dissenting opinion in that case:
*Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficient. 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.
Justice Louis D. Brandeis - 1928 in Olmstead v. United States dissent


Eileen -
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