“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).
Judicial opinions

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "At the foundation of our civil liberty lies the principle which denies to government officials an exceptional position …" by Louis Brandeis?

Louis Brandeis45

American Supreme Court Justice 1856–1941

Related quotes

“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.”

Louis Brandeis (1856–1941) American Supreme Court Justice

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

“A Society of Citizens, as well as every Thing else, requires a certain fixed Order: There ought to be some to govern, and others to obey. And this is the Origin of every Kind of Subjection; which feels itself more or less alleviated, in Proportion to the Situation of the Subjects. And, consequently, as the Law of Nature commands Us to take as much Care, as lies in Our Power, of the Prosperity of all the People; we are obliged to alleviate the Situation of the Subjects, as much as sound Reason will permit. And therefore, to shun all Occasions of reducing People to a State of Slavery, except the utmost Necessity should inevitably oblige us to do it; in that Case, it ought not to be done for our own Benefit; but for the Interest of the State: Yet even that Case is extremely uncommon. Of whatever Kind Subjection may be, the civil Laws ought to guard, on the one Hand, against the Abuse of Slavery, and, on the other, against the Dangers which may arise from it.”

Catherine the Great (1729–1796) Empress of Russia

Proposals for a New Law Code (1768)

“The liberty which you demand from us in the name of your principles, we deny you in the name of ours.”

Louis Veuillot (1813–1883) French journalist

Misattributed
Original: (fr) Quand je suis le plus faible, je vous demande la liberté parce que tel est votre principe ; mais quand je suis le plus fort, je vous l’ôte, parce que tel est le mien

(fr) Also appears in the form "Quand les libéraux sont au pouvoir, nous leur demandons la liberté, parce que c’est leur principe, et, quand nous sommes au pouvoir, nous la leur refusons, parce que c’est le nôtre"

Misattributed to Veuillot in Dune (1965) by Frank Herbert: "When I am weaker than you, I ask you for freedom because that is according to your principles; when I am stronger than you, I take away your freedom because that is according to my principles."

According to Pierre Pierrard, this was attributed to Veuillot by Montalambert, and Veuillot protested he did not say it.

“Doing what is for the good of the people, this must be the truest criterion of right government, in accordance with which the wise and good man will govern the affairs of his subjects. Just as the captain of a ship keeps watch for what is at any moment for the good of the vessel and the sailors, not by writing rules, but by making his science his law, and thus preserves his fellow voyagers, so may not a right government be established in the same way by men who could rule by this principle, making science more powerful than the laws? And whatever the wise rulers do, they can commit no error, so long as they maintain one great principle and by always dispensing absolute justice to them with wisdom and science are able to preserve the citizens and make them better than they were, so far as that is possible.”

Plato book Statesman

296d-297b
Statesman

“The great evil, and it was a hard thing to say, was that English officials in India, with many very honourable exceptions, did not regard the lives of the coloured inhabitants with the same feeling of intense sympathy which they would show to those of their own race, colour, and tongue. If that was the case it was not their fault alone. Some blame must be laid upon the society in which they had been brought up, and upon the public opinion in which they had been trained. It became them to remember that from that place, more than from any other in the kingdom, proceeded that influence which formed the public opinion of the age, and more especially that kind of public opinion which governed the action of officials in every part of the Empire. If they would have our officials in distant parts of the Empire, and especially in India, regard the lives of their coloured fellow-subjects with the same sympathy and with the same zealous and quick affection with which they would regard the lives of their fellow-subjects at home, it was the Members of that House who must give the tone and set the example. That sympathy and regard must arise from the zeal and jealousy with which the House watched their conduct and the fate of our Indian fellow-subjects. Until we showed them our thorough earnestness in this matter—until we were careful to correct all abuses and display our own sense that they are as thoroughly our fellow-subjects as those in any other part of the Empire, we could not divest ourselves of all blame if we should find that officials in India did treat with something of coldness and indifference such frightful calamities as that which had so recently happened in that country.”

Robert Gascoyne-Cecil, 3rd Marquess of Salisbury (1830–1903) British politician

Speech http://hansard.millbanksystems.com/commons/1867/aug/02/motion-for-an-address in the House of Commons (2 August 1867) on the Orissa famine of 1866 <br class="br">1860s

“All students, members of the faculty, and public officials in both Mississippi and the Nation will be able, it is hoped, to return to their normal activities with full confidence in the integrity of American law. This is as it should be, for our Nation is founded on the principle that observance of the law is the eternal safeguard of liberty and defiance of the law is the surest road to tyranny. The law which we obey includes the final rulings of the courts, as well as the enactments of our legislative bodies. Even among law-abiding men few laws are universally loved, but they are uniformly respected and not resisted. Americans are free, in short, to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law. If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors.”

John F. Kennedy (1917–1963) 35th president of the United States of America

Radio and Television Report to the Nation on the Situation at the University of Mississippi (30 September 1962) http://www.jfklibrary.org/Research/Ready-Reference/JFK-Speeches/Radio-and-Television-Report-to-the-Nation-on-the-Situation-at-the-University-of-Mississippi.aspx <br class="br">1962

“I have one underlying principle in mind: the principle of Muslim democracy. It is my belief that our salvation lies in following the golden rules of conduct set for us by our great lawgiver, the Prophet of Islam.”

Muhammad Ali Jinnah (1876–1948) Founder and 1st Governor General of Pakistan

In 1948, Address to Sibi Darbar

“It is important, of course, that controversies be settled right, but there are many civil questions which arise between individuals in which it is not so important the controversy be settled one way or another as that it be settled. Of course a settlement of a controversy on a fundamentally wrong principle of law is greatly to be deplored, but there must of necessity be many rules governing the relations between members of the same society that are more important in that their establishment creates a known rule of action than that they proceed on one principle or another. Delay works always for the man with the longest purse.”

William Howard Taft (1857–1930) American politician, 27th President of the United States (in office from 1909 to 1913)

"Adequate Machinery for Judicial Business," Journal of the American Bar Association, vol. 7, p. 454 (September 1921).

“America, with the same voice which spoke herself into existence as a nation, proclaimed to mankind the inextinguishable rights of human nature, and the only lawful foundations of government.”

John Quincy Adams (1767–1848) American politician, 6th president of the United States (in office from 1825 to 1829)

Independence Day address (1821)
Context: And now, friends and countrymen, if the wise and learned philosophers of the elder world, the first observers of nutation and aberration, the discoverers of maddening ether and invisible planets, the inventors of Congreve rockets and shrapnel shells, should find their hearts disposed to enquire what has America done for the benefit of mankind? Let our answer be this: America, with the same voice which spoke herself into existence as a nation, proclaimed to mankind the inextinguishable rights of human nature, and the only lawful foundations of government.

“Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.”

John Marshall Harlan (1833–1911) United States Union Army officer and Supreme Court Associate Justice

1890s, Plessy v. Ferguson (1896)
Context: In view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.

“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.”

Help us to complete the source, original and additional information

Louis Brandeis45

Related quotes

Related topics