David Souter Quotes
The Constitution is no simple contract, not because it uses a certain amount of open-ended language, but because its language grants and guarantees many good things, and good things that compete with each other and can never all be realized, altogether, all at once.
Souter, David. Commencement Remarks. Harvard University, Cambridge, 27 May 2010.
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 Presidential election of 1800 produced a crisis even greater than that of 2000. There was an Electoral College tie between Thomas Jefferson and Aaron Burr—both of the same party, Democratic Republicans. The Federalist Party led by President John Adams had been totally rejected by the voters and Adams was in third place. However, the Federalists saw an opportunity of maintaining the Presidency anyway. The Constitution threw the election into the House of Representatives with each State delegation having a single vote. In the House, the Federalists had parity with Jefferson’s party which resulted in 35 tie votes. Finally, Congressman Bayard, the sole Congressman from Delaware, withheld his vote on the 36th ballot, thereby electing Thomas Jefferson of the opposition party. His reason was:
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.
In modern times almost all countries have written constitutions. And almost all of those constitutions appear to be democratic. Many have been taken from the United States Constitution. However, most of the countries are not real democracies as they do not enforce their own constitutions. For example, in Egypt, the constitution guarantees women equal rights to men. There are many female attorneys. However, the notion of a female judge is too much for the sexist culture. So regardless of what the constitution says, it is not enforced with respect to female judges. When Smyth gave his lecture, constitutions were just getting popular. He was prescient enough to realize that a constitution to be effective must conform to the belief structure of most of the population and the constitution most be administered as well as written.
Franklin wrote the speech, but was too old and ill to deliver it personally. James Wilson of Pennsylvania did the honors for him.
David Hackett Souter is a retired Associate Justice of the Supreme Court of the United States. He served from October 1990 to his retirement in June 2009. Appointed by US President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts Courts.
