Louis D. Brandeis Quotes
The Constitution preserves the autonomy and independence of the States; “federal supervision of their action” is in no case permissible except as to matters specifically delegated to the United States. Any interference ... except as thus permitted is an invasion of the authority of the States
Louis D. Brandeis, 1856-1941, U. S. Supreme Court Justice, Erie R.R. Co. v. Tompkins, 304, U.S. 64, 78–79, 1938
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The 10th Amendment was created to take care of this objection which Jefferson and many others had.
On June 12, 1789 a Senate committee proposed a federal court system for the nation. Maclay described it as:
In a 1949 dissenting opinion in Terminiello v. Chicago Jackson claimed the majority view would “convert the Bill of Rights into a suicide pact.”
A Bill of Rights was needed Left before it ended.
Commonly referred to as the Kentucky Resolution. This concept of Nullification was one of the factors that aggravated the tensions leading to the Civil War. Were the individual States to be the arbiters of whether or not a Federal act was Constitutional or was it to be the Supreme Court.
President John Adams Alien and Sedition Acts were amongst the worst laws ever passed in America. It totally violated the First Amendment but at the time the Supreme Court had not ruled on the laws which prohibited criticizing the government. Ironically, it was Adams’s son, John Quincy Adams who finally led the repeal effort.
Note the language used for abolitionists in the years leading up to the Civil War. American voters at that time had always lived with the institution of slavery in America and many thought of it as an institutional pillar of the American nation. Those who wanted to bring down an American institution were “fanatics”. Generally this world is used to describe true fanatics and reformers who want to change anything that has been in existence a long while. To paraphrase Edwin Newman, What words shall we use to describe the zealot who wants to destroy the country when every person who wants to improve and change a facet of our system is called a “fanatic.”
Louis Dembitz Brandeis was an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939. He was born in Louisville, Kentucky, to Jewish immigrant parents from Bohemia (now in the Czech Republic), who raised him in a secular home. He attended Harvard Law School, graduating at the age of 20 with the highest grade point average in the law school's history. Brandeis settled in Boston, where he founded a law firm (that is still in practice today as Nutter McClennen & Fish) and became a recognized lawyer through his work on progressive social causes.