Louis Brandeis
Essay by 24 • December 23, 2010 • 1,565 Words (7 Pages) • 1,189 Views
There have been many Americans who have helped shape and form America. These important Americans have also made an impact and left a part in U.S. History. Each one was significant in his/her unique way. Many of them could be said to be significant for the changes they made for America. One of those important people was Louis Brandeis, the first Jewish Supreme Court Justice in the United States history. He began many things that up till today can still be seen. Many organizations have been named after him like a major university in Waltham, Massachusetts; a modern Jewish day school on Long Island; chapters of different Jewish organizations; and kibbutz (farming collective) in Israel called Ein Hashofet, “Well of the Judge.”(1)
When Louis David Brandeis was only seven-years-old the civil war had divided the American nation into two sides, the North and the South. Louis and his family were all in favor of abolition, meaning they wanted to end slavery. The Brandeis family was completely against enslaving other people. In fact, that was one of the reasons they left their home in Czechoslovakia to live free. When slavery was abolished and the president Abraham Lincoln was assassinated, Louis cried bitterly and decided he would fallow in the president’s footsteps. Louis fallowed a motto during his life; the determination to provide each American with life, liberty, and the pursuit of happiness. (2)
At age 17 Louis decided to become independent from his family. He mad up his mind to study at the Anne-Realschule, a school in Dresden, Germany. He was accepted into the school even without proof of birth and vaccination. Just by looking at him the principal could tell he was a unique and special person. Louis along with his family had a great respect and love for America. Louis appreciated the freedom opportunities America had. Also the people in America for the most part were easy-going. (3)
Harvard Law School, in Cambridge, Massachusetts was the school Louis studied in to become a lawyer. He was admitted even though he didn’t have a college degree. He loved how challenging it was and did great with his studies even though he struggled economically. (4) In 1989 Louis argued his first case before the United States Supreme Court. Pretty soon he was well known, well trusted, and the most respected lawyer in New England. (5)
Louis was very successful in his law career. In his thirties he was earning $50,000 a year while other lawyers were only making $5,000. A quote from him was “Out of the facts grows the law.” What he meant was that laws should be based on real-life situations rather than on old laws that might have been suitable many years earlier. He was very significant to the people. He was later known as the People’s Attorney because he would help people fight in cases he believed in deeply even if the people didn’t have the money to pay him what they should pay. (6)
An important case Brandeis fought in before being appointed Supreme Court Justice of the United States was the Lochner v. New York case. This case had to do with the fourteenth amendment “right to free contract.” A New York law limited the number of hours a baker could work each week. The court decision ruled that the law limiting bakers’ working hour did not constitute a legitimate exercise of police powers. (7)
Another was the Muller v. Oregon case. This case was about the restriction of long working hours for women. Curt Muller, the owner of a laundry, made a female work more than ten hours. He was fined $10 for doing so. Muller took the case to the Oregon Supreme Court and then to the United States Supreme Court. Like the Lochner v. New York case, the court decision was based on the Fourteenth Amendment to protect women’s health a work hour regulation had to be applied. In the case, Brandeis submitted a legal brief that had data collected from hundreds of different sources. This became known as the “Brandeis Brief.” It became a model for future Supreme Court cases. The report provided social authorities on the impact of long working hours for women. It also became the first time in the United States that social science had been used in law and changed the direction of the Supreme Court and the United States law. (8)
“That women’s physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her. Even when they are not, by abundant testimony of the medical fraternity continuance for a long time on her feet at work, repeating this from day to day, tends to injurious effects upon the body, and as well-being of women becomes an object of public interest and care in order to preserve the strength and vigor of the race.” (9) In this quote from Brandeis, he is explaining his thought over the issue of women working extra hours. He explains how it can really hurt them physically and maternally. He is supporting that they don’t work over ten hours a day and live their motherhood more.
Louis Brandeis also had effects on other issues going on at the time before becoming Supreme Court Justice of the United States. He Lead the fight for preservation of municipal subway systems in Boston. He also influenced Massachusetts Savings Bank Life Insurance bill to become a law. Then he Negotiated in the New York City Garment Workers’ Strike. He also became a Zionist leader. Zionism was the movement to establish a Jewish homeland in Palestine. Brandeis placed the goal of self-determination and freedom for Jews through the development of a Jewish homeland in Palestine. (10)
Finally in 1916 Louis D. Brandeis was nominated by President Wilson for Associate Justice of the United States Supreme Court by President Wilson. His election was very controversial and was fought
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