Democratic Party Quotes
No member shall be bound upon questions involving a construction of the Constitution of the United States or upon which he made contrary pledges to his constituents prior to his election or received contrary instructions by resolutions or platform from his nominating authority.
Democratic Party, Democratic Party Caucus Rules, 1909
Sourced by: Eigen's Political and Historical Quotations
The major issue was whether Congress and the Federal Government could make laws and regulate the communities of people who had settled in the new territories. The argument that Young made was that unless a power was specifically enumerated in the Constitution as being granted to the Federal Government it was not. Most Constitutional scholars believe that there were powers implied by the enumerated powers such as the right for the Federal Government to regulate child labor or the safety of nuclear power plants which of course were never mentioned in the Constitution. At the same time anti Mormon sentiment led many to extend Federal Regulation to Mormons that had not been extended to other people. Plural marriage was one of those major value issues. The Mormons were very innovative in setting up institutions like buying cooperatives and systems for medical care and welfare, and many of these threatened the then established economic principles of many men of power and wealth. See {614881} for Brigham Young’s similar view.
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
Referring to the Brown v. Board of Education, the Topeka, KS, Supreme Court school desegregation decision:
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
Soon after Jackson's reelection, delegates from South Carolina, led by John C. Calhoun, moved quickly to declare "null, void, and no law" the Tariff Act of 1832. The president's reaction to the Ordinance of Nullification was swift.
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.
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.
This is a classic type of fallacious political logic. The author claims that there are no powers in the constitution to make laws in a number of important areas of our society. What is true, is that there is no explicitly and uniquely specified statements in the Constitution regarding the areas he specified (and some he didn’t like education). However the power to make laws in these areas comes from the “Commerce Clause” where the Federal Government was given the power to regulate Interstate Commerce. And that is what the Federal Government does make laws about. Food that is sold in the state where it is grown is regulated by the states. But interstate agriculture is. Medicines and weapons are also sold and transported in interstate commerce. Even housing is in part covered as financing and mortgages, building materials, working conditions of the building companies are part of Interstate Commerce. A succession of Congresses have recognized this and so has every Supreme Court in our history. McManus however believes that all these legislators and judges have been wrong and worse, part of a conspiracy to subvert the Constitution. See {630683} for his tendency to see conspiracies in politics.
The president was asked if he supported the Supreme court's school desegregation decision:
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.
Hatch was the chairman of the Senate Judiciary Committee at the time.
