Dissent, Burdeau v. McDowell, 256 U.S. 465, 477 (1921).
Judicial opinions
“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).
Judicial opinions
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Louis Brandeis 45
American Supreme Court Justice 1856–1941Related quotes
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Principles of Legislation (1830), Ch. X : Analysis of Political Good and Evil; How they are spread in society
Context: It is with government, as with medicine. They have both but a choice of evils. Every law is an evil, for every law is an infraction of liberty: And I repeat that government has but a choice of evils: In making this choice, what ought to be the object of the legislator? He ought to assure himself of two things; 1st, that in every case, the incidents which he tries to prevent are really evils; and 2ndly, that if evils, they are greater than those which he employs to prevent them.
There are then two things to be regarded; the evil of the offence and the evil of the law; the evil of the malady and the evil of the remedy.
An evil comes rarely alone. A lot of evil cannot well fall upon an individual without spreading itself about him, as about a common centre. In the course of its progress we see it take different shapes: we see evil of one kind issue from evil of another kind; evil proceed from good and good from evil. All these changes, it is important to know and to distinguish; in this, in fact, consists the essence of legislation.
Section 147
The Passionate State Of Mind, and Other Aphorisms (1955)
Context: The only index by which to judge a government or a way of life is by the quality of the people it acts upon. No matter how noble the objectives of a government, if it blurs decency and kindness, cheapens human life, and breeds ill will and suspicion — it is an evil government.
Colorado Springs Gazette-Telegraph, “Unlimited Government” (Dec. 29, 1961).
The Civil Rights Act of 1997 http://www.fed-soc.org/publications/detail/the-civil-rights-act-of-1997 (December 1, 1997)
Source: Liberalism (1911), Chapter II, The Elements of Liberalism, p. 17.