A Quote by Jeffrey Rosen
For [Louis] Brandeis, it's not a technical question of channeling what would James Madison say. It's how do we take these inherent human natural rights of liberty and translate them into an age of new technolog
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I think [Louis] Brandeis challenges all of the current justices. As he said, "If we would guide by the light of reason, we must let our minds be bold." You have to take the values that the framers were concerned about and translate them into this new age.
[Louis Brandeis] believes in natural rights of speech and liberty and the right to pursue happiness.
I'm hardly the first person to say that you've [Jeffrey Rosen] written a book about a person who has more to say about the current state of being than almost anyone, Louis Brandeis, and yet nobody is talking about Louis Brandeis.
[If you understood the natural rights of mankind,] [y]ou would be convinced that natural liberty is a gift of the beneficent Creator to the whole human race, and that civil liberty is founded in that, and cannot be wrested from any people without the most manifest violation of justice.
We shouldn't let the Republicans off the hook. Theodore Roosevelt, we learned from Jeff Cowan's new book, was just as bad as certainly [Louis] Brandeis was, or many Democrats were on the question of segregation.
It's unfortunate that [Louis] Brandeis was not able to translate or abstract his devotion to cultural pluralism and racial equality as he put it for Jews to enslave people and their descendants and to African Americans.
Our political and constitutional rights, so called, are but the natural and inherent rights of man, asserted, carried out, and secured by modes of human contrivance.
I'd say that [Louis] Brandeis practiced a kind of a "living originalism," to use the title of Jack Balkin's great book. He said you start with the paradigm case, which in the case of the Fourth Amendment was these general warrants or writs of assistance, but you define it at a level of abstraction that you can take it into our age and make it our own.
But if they did really refer to some kind of a "personal relationship," it would in effect be a case of channeling. I suspect this is why fundamentalists who condemn New Age channelers do not dismiss it as a fraud..., but instead think that Ramtha and the others are channeling demons. If they said it was sheer delusion, they know where the other four fingers would wind up pointing!
Louis Brandeis really inspired me to write this book [Louis D. Brandeis: American Prophet]. It was a crazy deadline. The editor said I'd miss the hundredth anniversary unless I pumped the thing out in six months, because I'd been delaying and dilly dallying for so long. So he both inspired me to get up early and write.
I would say issues around human rights - either you're going to take a hard stance, or you're not. You can't borrow money from China the way the U.S. has done and then turn around and say, 'But you've got a human-rights problem.' You can't be half pregnant.
[James] Madison pointed out in the discussion of the constitutional debates - the constitutional convention - that democracy would be a danger. He used England of course as the model and said suppose that in England everyone had the free right to vote; the poor, the propertyless - who are the great majority - would use their voting power to take away the rights of property owners to carry out what we would call land reform.
Human rights are standards of behavior that are inherent in every human being. They are the core principles underpinning human interaction in society. These include liberty, due process or justice, and freedom of religious beliefs. I find little sympathy with efforts to try to equate Internet access with these higher, fundamental concepts.
Those rights, then, which God and nature have established, and are therefore called natural rights, such as life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal laws to be inviolate. On the contrary, no human legislature has power to abridge or destroy them, unless the owner shall himself commit some act that amounts to a forfeiture.
They said, OK, nine [Louis] Brandeis's is too much, but one is OK. So, with friends like that, and so forth. But, yes, the idea that because he was Jewish he would rule a particular way was an ugly undercurrent of the hearings, which resonates with current claims that a judge can't be impartial because of his or her background or ethnicity or race. It's, I guess, a small comfort that in the end the Brandeis vote wasn't close.
For those who have envisioned the State of Israel to be a democracy, which although primarily a Jewish polity for Jews is one in which non-Jews can become citizens and enjoy equal civil rights with the Jewish majority, the question of natural law is the question of human rights.
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