Brandeis on Democracy

by Philippa Strum

Philippa Strum, our foremost authority on Louis Brandeis, gathers together for the first time a sterling selection from his most provocative and profound writings. A kind of "Portable Brandeis," this book provides a concise and readable guide to the thought of a truly great American. Brandeis, the Ralph Nader of the early twentieth century, was known as the "People's Attorney" for his continuous crusades on behalf of the public. He spoke before citizens' groups and legislative bodies, wrote articles for popular magazines, put his ideas about industrial democracy in the briefs he submitted as a lawyer and later in the opinions he wrote as a Supreme Court justice (1916-1938), and advised presidents Woodrow Wilson and Franklin Roosevelt. The problems Brandeis faced and the answers he fashioned could have leaped from today's newspapers: corruption in government, conflicts between majority rule and minority rights, movements to limit free speech and the right to privacy, gender equality, the importance of education, the causes of and possible solutions for poverty, the social costs of excessive political or corporate power, the uneasy relationship between lawyers and the public, efficiency and justice in the workplace, the tension between Federal power and states' autonomy, and the responsibility of citizens to their community. In all his endeavors, Brandeis emphasized both political and economic democracy, citizen participation, and a balance between rights and responsibilities. As leader of the American Zionist movement from 1914 through the 1930s, he dreamed of a democratic Jewish homeland in Palestine founded on Jeffersonian principles. And there were similar echoes of the Founding Fathers in his campaign against the corporate trusts in the United States. These selections from Brandeis's speeches, letters to family and colleagues, newspaper interviews, articles, and judicial opinions offer us the essence of Brandeis's genius and allow us to appreciate the range and relevance of his ideas for America today.

Genres: Law, Nonfiction, Legal, History

240 pages, Hardcover

First published January 1, 1995

About the author

Philippa Strum is a Senior Scholar at the Woodrow Wilson Center. She was the Former Director of the Division of United States Studies at Woodrow Wilson Center.

Reviews

[Jamie · Rating 4 out of 5]

Excellent selections from Brandeis's writings.

Born in 1856, Louis Brandeis was a genius who had the highest grades in the history of Harvard Law School. Brilliant, energetic, and incurably optimistic, Brandeis became a very successful Boston lawyer. In his 30's, he began working for various public interests. He made important contributions to Finance, Labor Relations, Monopoly regulation, Free Speech, In 1916, Brandeis was the first Jew appointed by Woodrow Wilson to the US Supreme Court; opposed by various business interests and because of his race, confirmation took 3 years.

Brandeis is famous for the fluidity of his fact based conclusions and his balancing of competing interests. He would look at a problem by investigating all the facts, then assessing each side's position, then crafting a solution which Brandeis felt was fair to each side. Some of his solutions still are used today; Brandeis's written opinions--including his dissents--remain famous and widely quoted.

A secular Jew, Brandeis was also an early Zionist movement leader. Interesting his thoughts on formation of a Jewish state (which Brandeis thought would include Arabs as well).

Strum has excerpted Brandeis's articles, speeches, letters and legal opinions providing an overview of his thoughts on important topics.