Ferdinand Lassalle Quotes
The constitutional questions are in the first instance not questions of right but questions of might.
Lassalle, Ferdinand. "Über Verfassungswesen." 1862. Ferdinand Lassalles Gesammelte Reden und Schriften, edited by Eduard Bernstein, vol. 2, Paul Cassirer, 1919, p. 45.
Barstow the Democratic Governor who had no serious opposition in 1853 found himself challenged for reelection by Coles Bashford of the new Republican Party. The Board of Canvassers reported that Governor Barstow had won reelection but by less than 200 votes in the whole state. The Republicans charged that there had been fraud in some of the rural districts and petitioned the Wisconsin Supreme Court which ruled that nonexistent precincts had indeed voted for the Governor. The Barstow however refused to recognize the decisions of the court claiming that the court had no jurisdiction over the Board of Canvassers who were part of the executive branch. The Republicans held their own inauguration and two men claimed to be Governor. But the Governor claimed that the state constitution did not give the court any authority to deal with the crisis, He even called out the State Militia to maintain his office and intimidate the Supreme Court and keep the “other governor” from the state house. Nonetheless the court ruled that even the Governor had to obey the law and the Supreme Court would determine what the law was. Barstow finally “resigned.” See {587917} & {587914}.
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.
Federal officials and commissioners issued laws, directives and orders that were very unpopular with the Mormons who were in the overwhelming majority of the Utah territory. The Mormon “government” was a type of theocracy but a very popular one. The Mormons tried to test the constitutionality and legality of the Federal laws and orders before they would obey. The government position was that they should obey and then could test the laws in the courts. The Mormons eventually lost in the courts anyway, but the principle of obedience to law until it can be tested and reversed has generally been the rule of U. S. Law. However, civil disobedience in which many religions have engaged in our history argues the obverse. Eventually Taylor had to go “underground” and rule the church from exile in which state he died.
The Roosevelt administration had stemmed the tide of Hoover’s Great Depression but the nation had not yet recovered. The New Deal measures, most of which would be considered fundamental to good government 50 years later was being constantly thwarted by a Supreme Court with a strong arch conservative majority headed by James McReynolds, a virulent, overt, anti-Semitic racist, who hated FDR—see {616652} and {585241}. The situation was to many like that which existed before the Civil War when the Court rendered the Dred Scott decision that so harmed the nation. Frankfurter, not then a Supreme Court Justice, urged Roosevelt to do something lest the American Public lose all respect for the Court and our Constitutional system and have the nation harmed by not allowing reforms like child labor laws to go through. The court actually ruled by a narrow majority that the government could not pass laws making it illegal for 11 year old children to work in coal mines or factories. FDR attempted to add more justices turning the majority into a majority—“packing the Supreme Court”, but that politically backfired. Some of the reforms never went through while others needed Constitutional Amendments like the end to Prohibition.
Hatch was the chairman of the Senate Judiciary Committee at the time.
The president was asked if he supported the Supreme court's school desegregation decision:
Ferdinand Lassalle was a Prussian-German jurist, philosopher, socialist and political activist best remembered as the initiator of the social democratic movement in Germany. "Lassalle was the first man in Germany, the first in Europe, who succeeded in organising a party of socialist action", or, as Rosa Luxemburg put it: "Lassalle managed to wrestle from history in two years of flaming agitation what needed many decades to come about." As agitator he coined the terms night-watchman state and iron law of wages.
