18th century Quote by Jeffrey Rosen
![“I think he's [Louis Brandeis] a great model for progressive justices today who want to answer the originalists. It's not that the original paradigm cases are irrelevant, but you have to focus on the values the framers were trying to protect, not on the means with which those values were invaded in…” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/2ce/jeffrey-rosen-13180_18th-century_i-think-he-s-louis-brandeis-a-great-mode_1976260.jpg)
“I think he's [Louis Brandeis] a great model for progressive justices today who want to answer the originalists. It's not that the original paradigm cases are irrelevant, but you have to focus on the values the framers were trying to protect, not on the means with which those values were invaded in the 18th century.”
About This Quote
Source Speech: Lecture on Constitutional Interpretation, Jeffrey Rosen, 2023
The quote argues that modern progressive judges should prioritize the underlying values the framers intended over the historical methods they used.
In simple terms: Focus on original values, not old methods.
Key Takeaway
Judge based on core values.
Themes
law
interpretation
progressivism
Mood
thoughtful
analytical
Type
legal
philosophical
When to use this quote
- court decisions
- policy making
- legal education
Key Concepts
originalism
living constitution
judicial philosophy
Questions to Reflect On
- How can judges identify framers' true values?
- What risks arise from ignoring historical means?
A Different Perspective
Balancing historical context with contemporary values is challenging.
![“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…” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/aeb/jeffrey-rosen-13180_abstraction_i-d-say-that-louis-brandeis-practiced-a_73138.jpg)
![“[Louis] Brandeis, like [Tomas] Jefferson, is an equal opportunity critic of bigness. And he, like Jefferson, sees American history as this incredible clash between small producers, farmers, and small business people on the one hand, and wicked oligarchs and financiers and monopolists on the other.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/a70/jeffrey-rosen-13180_american-history_louis-brandeis-like-tomas-jefferson-is-a_1341726.jpg)
![“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” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/471/jeffrey-rosen-13180_age_for-louis-brandeis-it-s-not-a-technical_1135540.jpg)
![“What is so inspiring about [Louis] Brandeis's writing is he saw it as a tool for democratic education. He would say things like the opinion is now convincing, now can we make it more instructive, after he'd gone through ten drafts.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/600/jeffrey-rosen-13180_convincing_what-is-so-inspiring-about-louis-brandei_927824.jpg)
![“[Louis] Brandeis had a very distinctive vision of political economy that he persuaded Woodrow Wilson to adopt in the 1912 election and that he largely enacted from the bench.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/71e/jeffrey-rosen-13180_benches_louis-brandeis-had-a-very-distinctive-vi_909372.jpg)
![“For [Louis] Brandeis, you know, ethnicity and background are much less important than facts and reason. And he believes that far from wanting to efface our diversity of perspectives, we have to embrace it because that makes us more American, not less. In that sense, he's incredibly modern in an…” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/8db/jeffrey-rosen-13180_age_for-louis-brandeis-you-know-ethnicity-an_755034.jpg)
![“[Louis Brandeis] at the age of 57 decided to become the head of the American Zionist movement was more influential than anyone else in the 20th century in persuading Woodrow Wilson to recognize a Jewish homeland in Palestine.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/0fd/jeffrey-rosen-13180_20th-century_louis-brandeis-at-the-age-of-57-decided_726968.jpg)
![“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.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/f6c/jeffrey-rosen-13180_able_it-s-unfortunate-that-louis-brandeis-was_603580.jpg)
![“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…” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/950/jeffrey-rosen-13180_backgrounds_they-said-ok-nine-louis-brandeis-s-is-to_526142.jpg)
![“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…” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/0f3/jeffrey-rosen-13180_anniversary_louis-brandeis-really-inspired-me-to-wri_110490.jpg)
![“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.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/273/jeffrey-rosen-13180_age_i-think-louis-brandeis-challenges-all-of_1537636.jpg)
![“He's [Louis Brandais] so suspicious of bigness in government as well as business that he mistrusts even really top-down reforms at the state level. The most inspiring part of his legacy to me is his belief in the imperative and duty of self-education on behalf of citizens.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/da1/jeffrey-rosen-13180_behalf_he-s-louis-brandais-so-suspicious-of-big_113363.jpg)
![“Basically [Louise] Brandeis was a Jeffersonian. And you say the timing is great, and it is in a lot of senses, except not for [Tomas] Jefferson, because this is a Hamiltonian moment, and he's the rock star of the minute with a great musical.” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/494/jeffrey-rosen-13180_great-music_basically-louise-brandeis-was-a-jefferso_603281.jpg)
![“[Oliver Wendell] Holmes never believed in the truth and morality of the laws he was upholding. He said, "I loathe the thick-fingered clowns we call the people."” quote by Jeffrey Rosen](https://sms4smile.com/quotes/img-quotes/8ea/jeffrey-rosen-13180_clown_oliver-wendell-holmes-never-believed-in_946248.jpg)
![“And the differences thence arising [between the constitution of men and women] are no ways sufficient to argue more natural strength in the one than in the other, to qualify them more for military labours. Are not the Women of different degrees of strength, like the Men? Are there not strong and…” quote by Lady Sophia Fermor](https://sms4smile.com/quotes/img-quotes/2bf/lady-sophia-fermor-20567_18th-century_and-the-differences-thence-arising-betwe_38711.jpg)
![“By 18th century standards, they [Great Britain] were the freest, most dynamic, most willing to challenge tradition and authority. They had the highest wages and highest living standard, and probably the most engagement between the populace and the government of any country. Then the United States…” quote by Charles R. Morris](https://sms4smile.com/quotes/img-quotes/ca2/charles-r-morris-19787_18th-century_by-18th-century-standards-they-great-bri_49883.jpg)
![“I shou'd not myself have thought [Cato] worth so much notice as I have here taken of him; but that the Men are weak enough in general, to suffer their sense to be led away captive, by such half-thinking retailers of sentences. Among whom, This in particular, was he worth the pains, might be easily…” quote by Lady Sophia Fermor](https://sms4smile.com/quotes/img-quotes/592/lady-sophia-fermor-20567_18th-century_i-shou-d-not-myself-have-thought-cato-wo_183319.jpg)
