Louis Wilson Ingram Quotes


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In a 1949 dissenting opinion in Terminiello v. Chicago Jackson claimed the majority view would “convert the Bill of Rights into a suicide pact.”


When President Grover Cleveland balked at introducing legislation that might be unconstitutional, he was asked:


It was commonly asked of Blacks applying to register. There are few people who could give a cogent response to this. What made it terrible was that the white racist registrars had the unilateral authority to determine whether or not the oral response was adequate. Recording of responses were prohibited so that no Black who was disenfranchised could ever appeal when he/she was rejected. This is one of the thousands of techniques that were used throughout the South to prevent Negro voting. They were so egregious that Lyndon Johnson was abe to force through Southern filibusters The Voting Rights Act which has eliminated the worst of the racist restrictions on Black voting. As the worst of the racist white generation has died off, Southern discrimination in voting has lessened and the situation is better each year. By 2012 there were some who claimed that the law was no longer necessary do to changes in attitude and practice, but others worried that if there were no longer any forms of discrimination in voting, why some wanted to repeal the Voting Rights Act.


Marshall is famous for, as Chief Justice, establishing the principle that the Judiciary can override Congress and the Executive in determining Constitutionality. However, as this quotation illustrates this principle had been discussed in open debate on the ratification of the Constitution. It was not simply a grab for power by a Chief justice; he uttered this quotation long before he ever suspected he would be a judge but actually spent much of his career in the executive and legislative branch of government.


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.


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