Rich Turner Quotes
How then can anyone assert that the Constitution, written in the late 18th century, is a specific and absolutely literal guide for legal or moral behavior in the 21st century?
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.
Rich Turner, 1937-2011 Grammarian, Philosopher & Essayist, The Big Brother Dilemma, April 10, 2011
Sourced by: Eigen's Political and Historical Quotations
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.
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.
There are some Americans who believe that the courts should look to the original intent of the framers of the Constitution to determine the constitutionality of a law. Most jurists believe that original intent is but one factor that should influence the decision.
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.
This quotation is an excellent statement of the argument of interpreting a constitution—in this case Wisconsin’s—in light of modernity or to only interpreted consistent with the original intent and mindset.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
On the Fugitive Slave Act: As one of the leading American Catholic intellectuals during the 19th Century, Brownson’s opinions went far in keeping Catholics from joining the side of the abolitionists. However, just a few years later his tone would change and he would become one of the few Catholic writers to refuse to defend slavery, see {610710}. While the majority of Catholics refused to join the abolition movement, they often did so because abolitionism was closely tied to anti-Catholicism, see Gordon {611392} or Shaftesbury {611106}. Other reasons included Irish immigrants fearful of competition from Black labor and the fear of liberal individualism and social disorder, which was prevalent in 19th century Catholic thought. For a further explanation on the relationship between American Catholics and slavery, see McGreevy {612036}.
The Chinese had a custom of binding the feet of female young children so that they would never grow large. Small feet were considered beautiful. However, the woman was almost crippled by the process and could barely walk.
