Sam Ervin Quotes
We are told here today, that what the King of England can't do, the President of the United States can.
When John Erlichmann claimed that President Nixon could break and enter and burglarize in the name of national security, the chairman of the investigation replied:
Samuel J. Ervin Jr., 1896-1985, U. S. Congressman & U. S. Senator (Democrat, NC), July 25, 1973
Sourced by: Eigen's Political and Historical Quotations
There have been many examples of Presidents in time of war who have asked Congress & received additional powers whose constitutionality was sometimes tested. The Alien & Sedition acts of the John Adams administration, Lincoln in the Civil War controlling the Southern governments, Wilson jailing people verbally opposing the draft, FDR incarcerating Japanese Americans in WWII. However, in those cases, the President asked for and got the powers from Congress. Nichols claimed that by Bush, just assuming powers, he was acting like a king & not a president, and that per se was an impeachable offence. As unpopular as Bush was, his Vice President was much moreso, & Bush was in his last term; neither party wanted to go through another impeachment after the Republican attempt to oust William Clinton ended in acquittal. Other constitutional scholars do not believe the “acting like a king” rises to the level of an impeachable offense; only specific “high crimes & misdemeanors” would qualify.
When the Senate was debating the Gulf of Tonkin Resolution, which would empower the President to take "all necessary measures" to repel any armed attack on U. S. forces, Senator Morse was one of only two Senators opposing the resolution:
This concept of Presidential powers greatly expanded the traditional power of the Presidency. To one degree or another this became the view of every president who followed until George W. Bush who went one large step further. He maintained that the President could do that which was specifically prohibited by law if the purpose was to perform a Constitutional duty.
In 2006, in the midst of the War on Terror, it was revealed that President George W. Bush had approved a electronic surveillance program that was on the surface contrary to the FISA laws prohibiting such government activity. The President claimed that the necessities of the war required such a deviation. A national debate ensued as to whether the President was always required to follow laws as passed or did he have “inherent powers” under the Constitution to do whatever he thought necessary to fight a war.
President George W. Bush had ordered NSA agents to bug the phones and email of American citizens who might have been talking with an overseas party or e-mailing them out of the country. The administration thought that American citizens might be part of terrorist sleeper cells or unwittingly were aiding terrorists. The law prohibited such activity—where American citizens were involved—without getting a court order. However, the President claimed that he had the inherent power as commander in chief of exempting the court requirement. Others maintained that even the President is not above the law. What was the big puzzle was that there was a secret court Congress had established just for such cases, but the administration instead decided to bypass the court.
Opinion in case against the government for illegal CIA activities. The defense had been that the President had authorized and ordered the operations in question.
The statement so offended the Lords—the highest court of England—that he was imprisoned by the Lords and not released until he had recanted the position. The argument goes on today in many countries incuding the United States.
Samuel James Ervin Jr. was an American politician. A Democrat, he served as a U.S. Senator from North Carolina from 1954 to 1974. A native of Morganton, he liked to call himself a "country lawyer", and often told humorous stories in his Southern drawl. During his Senate career, Ervin was a staunch defender of the Jim Crow laws and racial segregation, as the South's constitutional expert during the congressional debates on civil rights. Paradoxically, he was also known for his support of civil liberties. He is remembered for his work in the investigation committees that brought down Senator Joseph McCarthy in 1954 and especially for his investigation of the Watergate scandal in 1972 that led to the resignation of Richard Nixon.
