Anthony Kennedy Quotes
It is wrong to say that the Constitution will change with the times. It will be, illuminated by the times.
Anthony Kennedy, U.S. Supreme Court Justice, Question and answer session with high school and college students, C-SPAN, December 27, 1999
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The argument was Prohibition, the 18th Amendment.
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.
The quotation he gives from the first Chief Justice is from McCulloch v. Maryland, 1819. The issue is one that has divided jurists and politicians ever since the Constitution was ratified was should it be interpreted literally giving credence only to that which the framers specifically intended or as Hughes, Marshall and most modern interpreters believe that the principles should be interpreted in the light of the times. The Founding Fathers never envisaged an Internet or a potential enemy who could kill millions of Americans without sending large contingents of soldiers to our shores.
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.
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 conservatives who accused Brennan of altering the Constitution from the bench by his opinions. However, there is an unending debate as to how the constitutional interpreters should deal with concepts and reality that did not exist at the time of the Constitutional Convention and were unconcieved of. Some justices like Brennan believe that the principles of the Constitution should be extended and extrapolated to modernity. Others believe that in the absen?ce of specific language even Supreme Court just should not try and extrapolate. Both are reputable views and as time and technology march ahead, the issue is joined more frequently. For example, the Founding Fathers did not conceive of atomic weapons. But they insisted that Americans have the right to bear arms. An atomic bomb is a type of arm—a weapon of war and defense. Does an individual American have the right to have his own atomic bomb?
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.
Anthony McLeod Kennedy is a retired American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions.
