John C. Calhoun Quotes
Be assured that, as certain as Congress transcends its assigned limits and usurps powers never conferred, or stretches those conferred beyond the proper limits, so surely will the fruits of its usurpation pass into the hands of the Executive. In seeking to become master, it but makes a master in the person of the President.
Calhoun, John C. "Speech on the Removal of the Deposites." 13 Jan. 1834. The Works of John C. Calhoun, edited by Richard K. Crallé, vol. 2, D. Appleton and Company, 1853, p. 331.
Marshall is famous for, as Chief Justice, establishing the principle that the Judiciary can override Congress and the Executive in determining Constitutionality. However, as this quotation illustrates this principle had been discussed in open debate on the ratification of the Constitution. It was not simply a grab for power by a Chief justice; he uttered this quotation long before he ever suspected he would be a judge but actually spent much of his career in the executive and legislative branch of government.
When the Senate was debating the Gulf of Tonkin Resolution, which would empower the President to take "all necessary measures" to repel any armed attack on U. S. forces, Senator Morse was one of only two Senators opposing the resolution:
Bybee, then and Assistant Attorney General, took the legal position that the President could order the torture of enemy combatants regardless of Congressional laws prohibiting torture. Two years later the memo’s recipient, Alberto Gonzalez, in his confirmation hearings as Attorney General, repudiated the memo, then stating that the President was not above the law and had to obey the laws of Congress that apply to the military.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
President Abraham Lincoln had pocket vetoed his own party's reconstruction bill in the midst of an election year.
Monroe was then Secretary of State.
President Coolidge had nominated Charles Beecher Warren as Attorney General but the Senate with his own party in the majority rejected the nomination as Warren had been closely connected with the Sugar Trust. Coolidge, refused to accept the Senate decision and renominated Warren and threatened that if the Senate would not confirm Warren, be would give him a recess appointment after the Senate adjourned:. The statement was written for a Senate speech but never delivered as such. Warren was rejected by the Senate a second time, and the President indeed offered him a recess appointment, but Warren refused.
John Caldwell Calhoun was an American politician and political theorist from South Carolina who held many important positions including being the seventh vice president of the United States from 1825 to 1832, while adamantly defending slavery and protecting the interests of the white South when its residents were outnumbered by Northerners. He began his political career as a nationalist, modernizer, and proponent of a strong national government and protective tariffs. In the late 1820s, his views changed radically, and he became a leading proponent of states' rights, limited government, nullification, and opposition to high tariffs. He saw Northern acceptance of those policies as a condition of the South remaining in the Union. His beliefs and warnings heavily influenced the South's secession from the Union in 1860–1861.
