....of legal luminary,
Louis Brandeis
United States jurist
Louis Brandeis, in full Louis Dembitz Brandeis, (born Nov. 13, 1856, Louisville, Ky., U.S.—died Oct. 5, 1941, Washington, D.C.), lawyer and associate justice of the U.S. Supreme Court (1916–39) who was the first Jew to sit on the high court.
Britannica.com.
2. I have lots of problems with the vaunted 'legacy' of Progressives, and the damage they have done to American heritage and direction.
Not the least, of course, is their view that they are so brilliant that they can alter human society by slaughtering those who are 'unfit,' or, more recently, 'deplorables.'
That was the era of Eugenics, taught by the Progressives to the Nazis.
3. But, for this forum, consider the damage to the legal institutions by shunting aside the Constitution in favor of their judges, what is known as 'caselaw.'
When Brandeis entered law school, the dean was Christopher Columbus Langdell, who pioneered the teaching of the caselaw method of teaching law, rather than through studying the Constitution itself.
He revolutionized legal practice by introducing sociological and economic facts (his presentation to the court in this regard became know as a Brandeis brief). An enemy of industrial and financial monopoly, he formulated the economic doctrine of Woodrow Wilson's New Freedom. He earned a high reputation for judicial liberalism.
The Legal Philosophers: The Jurists.
4. One of Brandeis' major achievements was engineering the presidential victory of racist, segregationist, Progressive Democrat, Woodrow Wilson.
Wilson needed a strategy to counter Teddy Roosevelt, and that was provided by Louis Brandeis, who persuaded Wilson to base his campaign on the issue of monopolies. Roosevelt’s view was government regulation was the best way of dealing with big business; the Brandeis plan was for Wilson to seek to restore competition by destroying monopolies. The ‘New Freedom’ was to be Wilson’s answer to Roosevelt’s ‘New Nationalism.’
Leonard Baker, “Brandeis and Frankfurter,” p. 85
5. One myth that need be obviates is that Wilson supported women's suffrage. He did not. The Republicans got women the vote over the Democrat's filibuster of the legislation.
Both Woodrow Wilson and William Howard Taft opposed to federal women's suffrage. And then going into 1915, it finally gets on the ballot and the referendum in New York State and TR campaigns for it. It is defeated. In 1917 it's again on the ballot and this time it's passed. And so TR helps bring it in until there are enough states to go, to amend the Constitution. Woodrow Wilson gets on the bandwagon at the last minute and, in fact, Congress gets on it at the last minute because there are -- that's the important point -- there are very few males in politics who favored the women's issue.
http://www.pbs.org/wgbh/amex/presidents/26_t_roosevelt/filmmore/ra_jgabwomen.html
For reference, Wyoming gave women the vote in 1869, well before it became a state.
Louis Brandeis
United States jurist
Louis Brandeis, in full Louis Dembitz Brandeis, (born Nov. 13, 1856, Louisville, Ky., U.S.—died Oct. 5, 1941, Washington, D.C.), lawyer and associate justice of the U.S. Supreme Court (1916–39) who was the first Jew to sit on the high court.
Britannica.com.
2. I have lots of problems with the vaunted 'legacy' of Progressives, and the damage they have done to American heritage and direction.
Not the least, of course, is their view that they are so brilliant that they can alter human society by slaughtering those who are 'unfit,' or, more recently, 'deplorables.'
That was the era of Eugenics, taught by the Progressives to the Nazis.
3. But, for this forum, consider the damage to the legal institutions by shunting aside the Constitution in favor of their judges, what is known as 'caselaw.'
When Brandeis entered law school, the dean was Christopher Columbus Langdell, who pioneered the teaching of the caselaw method of teaching law, rather than through studying the Constitution itself.
He revolutionized legal practice by introducing sociological and economic facts (his presentation to the court in this regard became know as a Brandeis brief). An enemy of industrial and financial monopoly, he formulated the economic doctrine of Woodrow Wilson's New Freedom. He earned a high reputation for judicial liberalism.
The Legal Philosophers: The Jurists.
4. One of Brandeis' major achievements was engineering the presidential victory of racist, segregationist, Progressive Democrat, Woodrow Wilson.
Wilson needed a strategy to counter Teddy Roosevelt, and that was provided by Louis Brandeis, who persuaded Wilson to base his campaign on the issue of monopolies. Roosevelt’s view was government regulation was the best way of dealing with big business; the Brandeis plan was for Wilson to seek to restore competition by destroying monopolies. The ‘New Freedom’ was to be Wilson’s answer to Roosevelt’s ‘New Nationalism.’
Leonard Baker, “Brandeis and Frankfurter,” p. 85
5. One myth that need be obviates is that Wilson supported women's suffrage. He did not. The Republicans got women the vote over the Democrat's filibuster of the legislation.
Both Woodrow Wilson and William Howard Taft opposed to federal women's suffrage. And then going into 1915, it finally gets on the ballot and the referendum in New York State and TR campaigns for it. It is defeated. In 1917 it's again on the ballot and this time it's passed. And so TR helps bring it in until there are enough states to go, to amend the Constitution. Woodrow Wilson gets on the bandwagon at the last minute and, in fact, Congress gets on it at the last minute because there are -- that's the important point -- there are very few males in politics who favored the women's issue.
http://www.pbs.org/wgbh/amex/presidents/26_t_roosevelt/filmmore/ra_jgabwomen.html
For reference, Wyoming gave women the vote in 1869, well before it became a state.
