DYSPEPSIA GENERATION

We have seen the future, and it sucks.

Why Oliver Wendell Holmes is Grossly Overrated

20th August 2009

Read it.

As Mencken put it, Holmes was no “advocate of the rights of man,” but rather “an advocate of the rights of lawmakers.” With rare exceptions, he ruled that legislators could do almost anything they wanted, even if it contrasted the plain text of the Constitution, or the original meaning. Mencken accurately points out that under Holmes’ judicial philosophy, “there would be scarcely any brake at all upon lawmaking, and the Bill of Rights would have no more significance than the Code of Manu.”

Hear, hear.

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