Robert Bork Quotes
The original Constitution was devoted primarily to the mechanisms of democratic choice.... [It] provided wide powers to the representative assemblies and ruled only a few subjects off limits by the Constitution.
Robert Bork, U. S. Solicitor General, Judge, U. S. Court of Appeals, Washington DC, Tradition and Morality in Constitutional Law, 1984
Sourced by: Eigen's Political and Historical Quotations
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.
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.
Robert Heron Bork was an American judge, government official, and legal scholar who served as the Solicitor General of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the influential U.S. Court of Appeals for the D.C. Circuit from 1982 to 1988. In 1987, President Ronald Reagan nominated Bork to the U.S. Supreme Court, but the U.S. Senate rejected his nomination.
