Sylvere Nimpagaritse Quotes

This shameful quotation was shocking to most readers. It is subject to two interpretations: One that judges who did not rule on Constitutional issues the way conservative extremists wanted would come to physical harm. The other, that conservatives should pressure judges by withholding appropriations for the courts, impeachments and recall elections where they exist, as well as funding potential opponents for those jurisdictions where judges are elected. Both meanings were disgraceful in the view of most Americans. Later, DeLay was convicted and sentenced to jail for money laundering and illegally spending and raising campaign funds. He was also reprimanded by the House Ethics Committee for unethical methods of fund raising for other earlier actions.

In many nations, there is little judicial independence from the government. Judicial decisions that thwart government sometimes produce retaliation ranging from reducing the pay or staff of judges, threatened investigations and impeachment even arrest and execution---sometimes by government ‘death squads’. Even in the United States, the beginning of the 21st century, was fraught with so many examples of judicial intimidation threats, that two Supreme Court justices began speaking throughout the country to educate the public to this problem. In general, the more democratic and free a nation is, the more frequently the courts will disallow activities of the executive and even the legislature.

The New Deal liberal Democrats had complained that the Supreme Court was making national policy and law and not interpreting law. They tried to pack the Supreme Court by adding more justices who would be more sympathetic to the New Deal. (See {587549}.) At the beginning of the 21st century it was the conservative Republicans who were making the same claim that the Supreme Court was making law and not interpreting it. The pattern seems to be when the court votes for your side, they are interpreting the law. When they vote for the other side, they are activist—making law improperly.

The view that the Supreme Court was the final arbiter of constitutional controversies was not held in early America.

The reference was to the Presidential power to appoint Supreme Court Justices who will serve beyond his term.

Hatch was the chairman of the Senate Judiciary Committee at the time.

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.

Barstow the Democratic Governor who had no serious opposition in 1853 found himself challenged for reelection by Coles Bashford of the new Republican Party. The Board of Canvassers reported that Governor Barstow had won reelection but by less than 200 votes in the whole state. The Republicans charged that there had been fraud in some of the rural districts and petitioned the Wisconsin Supreme Court which ruled that nonexistent precincts had indeed voted for the Governor. The Barstow forces however refused to recognize the decisions of the court claiming that the court had no jurisdiction over the Board of Canvassers who were part of the executive branch. The Republicans held their own inauguration and two men claimed to be Governor. But the Governor claimed that the state constitution did not give the court any authority to deal with the crisis, He even called out the State Militia to maintain his office and intimidate the Supreme Court and keep the “other governor” from the state house. Nonetheless the court ruled that even the Governor had to obey the law and the Supreme Court would determine what the law was. Barstow finally “resigned.” See {587915} & {587914}.

See {592811} for Adams response.

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.

The Roosevelt administration had stemmed the tide of Hoover’s Great Depression but the nation had not yet recovered. The New Deal measures, most of which would be considered fundamental to good government 50 years later was being constantly thwarted by a Supreme Court with a strong arch conservative majority headed by James McReynolds, a virulent, overt, anti-Semitic racist, who hated FDR—see {616652} and {585241}. The situation was to many like that which existed before the Civil War when the Court rendered the Dred Scott decision that so harmed the nation. Frankfurter, not then a Supreme Court Justice, urged Roosevelt to do something lest the American Public lose all respect for the Court and our Constitutional system and have the nation harmed by not allowing reforms like child labor laws to go through. The court actually ruled by a narrow majority that the government could not pass laws making it illegal for 11 year old children to work in coal mines or factories. FDR attempted to add more justices turning the majority into a majority—“packing the Supreme Court”, but that politically backfired. Some of the reforms never went through while others needed Constitutional Amendments like the end to Prohibition.

Lott and other Republicans who objected to Democratic Filibusters of a few judges. Later in the Obama administration he and Republicans had no problem when the Republican Senate minority filibustered just about everything—nominations, laws, budgets, treaties. They had more filibusters in that Congress than there had been in all of Senate history. It is always an issue of whose ox is gored with rampant hypocrisy on both sides in dealing with the filibuster concept. However, no majority in recent years has tried to change the filibuster, though the majority always complains about it.

The country was growing and the number of Federal Judges were totally inadequate. The main reason is that the Senators were appointed by state legislatures and states did not want any Federal Judges perhaps weakening the power of the state governments and the judiciary.