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I do not say that, when brought to the test, I shall be invincible.
Sep 15, 2025
A man is accountable to no person for his doings.
MAY it please your Honors: I was desired by one of the court to look into the books, and consider the question now before them concerning Writs of Assistance.
I will to my dying day oppose with all the powers and faculties God has given me, all such instruments of slavery on the one hand, and villainy on the other, as this writ of assistance is.
Now one of the most essential branches of English liberty, is the freedom of one's house. A man's house is his castle; and while he is quiet, he is as well guarded as a prince in his castle. This writ of assistance, if it should be declared legal, would totally annihilate this privilege.
Every man may reign secure in his petty tyranny, and spread terror and desolation around him, until the trump of the archangel shall excite different emotions in his soul.
And I take this opportunity to declare, that... I will to my dying day oppose with all the powers and faculties God has given me, all such instruments of slavery on the one hand, and villainy on the other, as this writ of assistance is. It appears to me the worst instrument of arbitrary power, - the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book.
Experience teaches us to be most on our guard to protect liberty when the government's purposes are beneficent.
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 that you can take it into our age and make it our own.
The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.
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