Samuel Freeman Miller Quotes


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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.


Most people agree as to what the powers are that are “enumerated” in the Constitution. But there is endless difference of opinion as to what the “implied necessary and proper” powers are. However, this quotation establishes the greater powers of the Government to act in foreign affairs.


In 1949 the NATO treaty was signed. There was concern that a phrase in the treaty authorizing signatories to take "such action as it deems necessary, including the use of armed force" would undermine Congress's powers:


Mason’s view prevailed. What is interesting is that Mason saw the State as the State Legislature as opposed to the people of the state directly voting for the Senators as we do today.


Vidal, a staunch liberal held this view along with many ultra conservatives end extreme liberals. The constitution requires the Congress to declare war, but they have not done so for any of the wars since WWII. The President assumed the war power. And the only coherent budgets began.


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.


Samuel Freeman Miller
Samuel Freeman Miller
  • Born: April 5, 1816
  • Died: October 13, 1890
  • Nationality: American
  • Profession: Judge

Samuel Freeman Miller was an associate justice of the United States Supreme Court who served from 1862 to 1890. He was a physician and lawyer.