Theodore Roosevelt Quotes
I became more set than ever in my distrust of those men, whether businessmen or lawyers, judges, legislators or executive officers, who seek to make the Constitution a fetish for the prevention of the work of social reform..
Theodore Roosevelt, 1858-1919, 26th President of the United States (Republican, NY), Autobiography
Sourced by: Eigen's Political and Historical Quotations
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.
The Chief Justice at the time was an ultra-conservative judge, who together with his 8 colleagues—all conservative—had blocked much of the democratic and progressive legislation that the Congress had passed. FDR had a much different legal and philosophical view of the Constitution than the Chief Justice, and the court would declare much of his New Deal legislation, passed in the emergency of the Great Depression, unconstitutional. Almost all of those “unconstitutional” things were years later passed again and this time a more modern court found they were Constitutional.
TR had a Supreme Court where a conservative block was in the majority and declared a number of his key reforms as unconstitutional. The same thing happened to FDR as well. Since Supreme Court justices had lifetime tenure most presidents and congresses have to deal with a court that has the political makeup and political philosophy of previous administrations by which they were appointed. Reform and change presidents tend to see the Supreme Court as obstructionist.
The dramatic thing about this quotation is that in public, the mantra of conservatives about the courts of America is that they make and change laws as opposed to just interpreting and clarifying the laws. They traditionally accuse judges who rule against their favorite positions as using the courts as an instrument of political and social change. Here a leading conservative federal jurist, who thereafter became a member of the Supreme Court, was acknowledging and advocating the courts as instruments for conservative social, economic, and political change.
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.
By producing growth and an increasing standard of living and universal education, capitalism’s citizens have the time, education, and resources to protest and produce social unrest. However, that assumes that there is also a democratic state. For Schumpeter and many others, capitalism and democracy go hand in hand, but many point to historical examples of one developing faster than the other.
The two law enforcement officers had testified that they arrested demonstrators who had “come to break the law” and had not at that point broken any laws.
Theodore Roosevelt Jr., often referred to as Teddy or his initials T. R., was an American statesman, conservationist, naturalist, historian, and writer, who served as the 26th president of the United States from 1901 to 1909. He previously served as 33rd governor of New York from 1899 to 1900 and the 25th vice president of the United States from March to September 1901. Roosevelt emerged as a leader of the Republican Party and became a driving force for anti-trust and Progressive policies.
