David Souter Quotes
We are heirs to a tradition given voice 800 years ago by Magna Carta, which on the barons’ insistence confined executive power by the “law of the land”.
David Souter, U. S. Supreme Court Justice, Hamdi v. Rumsfeld, 2002
Sourced by: Eigen's Political and Historical Quotations
Rynnymede was the location in England where the Barons of the realm confronted King John and forced him to sign the Magna Carta. This was the first event that limited the powers of the King
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 constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616750} for an even clearer statement of the separation of powers principle.
This was the origin of John Adams famous quotation {592690}.
Though not very dramatic or succinct, this is a very important quotation in American History. The original drafters of the Constitution concentrated on limiting the powers of the executive—the role of the King. But the Congress had no limits placed on them. In Britain, to this day, the Parliament can do whatever they wish as there is no restraint on them other than their prudence and reasonableness. Madison used the example of the Alien and Sedition Acts—huge infringements on the rights of Americans—to show why the legislative branch must also be more restrained and limited. And that was the logic behind adding the Bill of Rights to our Constitutions.
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.
