Henry Clay Quotes
A new world has come into being since the Constitution was adopted. Are the narrow, limited necessities of the old thirteen states ... to remain the rule of interpretations?
Henry Clay, 1777-1852, U.S. Congressman and Senator (National Republican & Whig, KY), Speaker of the House, U.S. Secretary of State, Congressional Debate, 1824
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This quotation is particularly important because it summarizes one of two opposite schools or thought regarding judicial interpretation of the Constitution that politicians have been arguing about since the Supreme Court first sat. The other is Original Intent where only the original intentions of the writers and ratifiers of the Constitution should be considered—assuming that it can be determined.
It is argued whether Scalia’s problem was that the Supreme Court was doing something new or radical or the country had changed. He had certainly lived through the greatest transformation of any society and culture on earth at a pace of change that far exceeds anything that has occurred before. Scalia is one who believes that the Constitution should not be interpreted in recognition of these changes, but should be immutable as it was written for the late 18th century. Most judges and legal scholars disagree and try to interpret the Constitution as the founders would have intended, knowing what we know, having the tools and powers we have, and facing the problems of the modern world. It represents a major legal and philosophical debate.
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
Powell was the Secretary of State and Addington kept advising the administration that as long as the President was acting in defense of the country in his capacity as Commander in Chief, he did not have to obey any existing laws that had been Constitutionally passed which in the opinion of the President restricted or limited the President or the executive branch. Addington was an attorney and Assistant to the Vice President, but he was given much responsibility for administration policy. Powell the Secretary of State of the Administration could not have disagreed more and although most politicians including Republicans disagreed with the Addington thesis, Powell was one of the few Republicans to criticize the Addington position.
From this quotation, {615902} and {615901} it is clear that the framers of the Constitution intended the treaty making powers to be shared by the President and the Senate. In practice, in modern times treaties are usually initially negotiated by diplomats under the supervision of the President and the Senate gets to concur or not in the ratification process. However, there have been a number of treaty failures including the League of Nations where the lack of coordination has resulted in a situation where the Senate had to accept or reject something which the President had negotiated and the Senate rejected the treaty.
The Grammar Curmudgeon. This is one side of a fundamental argument within America as to the Constitution. The other side argues that the original intent of the Founding Fathers should prevail. That their principles are what has made America great, and we do not want to deviate from those. In determining Constitutionality, it is the original intent that should prevail even if the issues are ones of which the founding fathers had no inkling such as the ability of a nuclear power to destroy much of the nation before Congress could be called into session or that police could use geo-positioning devices to track the movement of citizens. Or that women could prove themselves the equal of (or superior to) in intellectual pursuits and would want to participate in politics and policy making.
Henry Clay Sr. was an American attorney and statesman who represented Kentucky in both the Senate and House. He was the seventh House Speaker and the ninth Secretary of State. He received electoral votes for president in the 1824, 1832, and 1844 presidential elections. He also helped found both the National Republican Party and the Whig Party. For his role in defusing sectional crises, he earned the appellation of the "Great Compromiser" and was part of the "Great Triumvirate".
