The protection guaranteed by the Amendments is much broader in scope. The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings, and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.
[Olmstead v. United States, 277 U.S. 438 (1928) (dissenting)]
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And it is also immaterial that the intrusion was in aid of law enforcement. 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. Olmstead v. United States, 277 U.S. 438 (1928) (Brandeis, J., dissenting), overruled by Katz v. United States, 389 U.S. 347 (1967).
"Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficial. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greater dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." — Justice Louis Brandeis, Olmstead v. United States, 277 U.S. 479 (1928)
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The Constitution was made to guard the people against the dangers of good intentions
It has often been suggested to me that the Constitution of the United States is a sufficient safeguard for the freedom of its citizens. It is obvious that even the freedom it pretends to guarantee is very limited. I have not been impressed with the adequacy of the safeguard. The nations of the world, with centuries of international law behind them, have never hesitated to engage in mass destruction when solemnly pledged to keep the peace; and the legal documents in America have not prevented the United States from doing the same. Those in authority have and always will abuse their power. And the instances when they do not do so are as rare as roses growing on icebergs. Far from the Constitution playing any liberating part in the lives of the American people, it has robbed them of the capacity to rely on their own resources or do their own thinking. Americans are so easily hoodwinked by the sanctity of law and authority. In fact, the pattern of life has become standardized, routinized, and mechanized like canned food and Sunday sermons. The hundred-percenter easily swallows syndicated information and factory-made ideas and beliefs. He thrives on the wisdom given him over the radio and cheap magazines by corporations whose philanthropic aim is selling America out. He accepts the standards of conduct and art in the same breath with the advertising of chewing gum, toothpaste, and shoe polish. Even songs are turned out like buttons or automobile tires — all cast from the same mold.
Freedom prospers when religion is vibrant and the rule of law under God is acknowledged. When our Founding Fathers passed the First Amendment, they sought to protect churches from government interference. They never intended to construct a wall of hostility between government and the concept of religious belief itself. … To those who cite the First Amendment as reason for excluding God from more and more of our institutions every day, I say: The First Amendment of the Constitution was not written to protect the people of this country from religious values; it was written to protect religious values from government tyranny.
Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good master, but they mean to be master.
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View Plans"First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought."
[<i>Ashcroft v. Free Speech Coalition</i> (00-795), 198 F.3d 1083, affirmed.]
[A] constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire. It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States. . . . [T]he word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law.
The constitution did indeed guarantee freedom of speech, but the laws punished anything that could be considered an attack on state security
They knew that to put God in the constitution was to put man out. They knew that the recognition of a Deity would be seized upon by fanatics and zealots as a pretext for destroying the liberty of thought. They knew the terrible history of the church too well to place in her keeping or in the keeping of her God the sacred rights of man. They intended that all should have the right to worship or not to worship that our laws should make no distinction on account of creed. They intended to found and frame a government for man and for man alone. They wished to preserve the individuality of all to prevent the few from governing the many and the many from persecuting and destroying the few.
"These examples and many others demonstrate an alarming trend whereby the privacy and dignity of our citizens is being whittled away by sometimes imperceptible steps. Taken individually, each step may be of little consequence. But when viewed as a whole, there begins to emerge a society quite unlike any we have seen — a society in which government may intrude into the secret regions of man's life at will."
[<i>Osborn v. United States</i>, 385 U.S. 323, 343 (1966) (dissenting)]
We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge or gallantry would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution is designed only for a moral and religious people. It is wholly inadequate for any other.
child was left out in the cold, bearing the stigma of being different. It is this one child that our Constitution is concerned about — his tranquillity, his health, his safety, his conscience. What a kindly old document it is, and how brightly it shines, through interpretation after interpretation!
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View PlansNext to the right of liberty, the right of property is the most important individual right guaranteed by the Constitution and the one which, united with that of personal liberty, has contributed more to the growth of civilization than any other institution established by the human race.
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