Legal Commentary

Brandeis v. Sullivan

By Big Tent Democrat

Andrew Sullivan writes:

[T]here is no denying that our liberties have been seriously eroded by the last few years in this respect. I just understand that some loss is defensible in the war we now fight, and wire-tapping, if monitored by the Congress, a FISA court, as well as the executive is a price we may have to pay to keep our intelligence accurate [How does Sully know this?].

Louis Brandeis wrote:

Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent. 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.

(Emphasis supplied.) Brandeis was pretty smart, wasn't he?

Full post as published by TalkLeft on July 12, 2008 (boomark / email).