A rich discussion of an historical topic with strong current implications. WB: "I don't deny that he [Justice Holmes] was a very powerful figure in the field of the common law, and his fame is deserved there, but the Constitution of the United States is not a common-law document... He gave rise to a school of thought that effectively undermines the Constitution." ... WFB: "It' s also Oliver Wendell Holmes who says: 'If my fellow citizens want to go to hell, I will help them; it's my job.' Do you consider it his job as a Supreme Court Justice to help the American people go to hell?" ... ML: "I go along with the fact that there are natural rights, but who decides what they are? The Warren Court liberals, Justice Brennan now, Justice Thurgood Marshall, Justice Harry Blackmun have a very different notion of natural rights--don't they, Walter?--from your notion of natural rights?"
- Hoover ID: Program S0804
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