Democratic Party Quotes
We hold that the Constitution follows the flag, and denounce the doctrine that an Executive or Congress deriving their existence and their powers from the Constitution can exercise lawful authority beyond it, or in violation of it. We assert that no nation can long endure half Republic and half empire, and we warn the American people that imperialism abroad will lead quickly and inevitably to despotism at home.
Democratic Party Platform, Adopted in Kansas City, MO, July 5, 1900
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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.
President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.
The words “extensive empire” imply that Jefferson who doubled the size of the United States with the Louisiana Purchase was thinking of a nation that spanned the continent and was happy with the fact that the Constitution did not obstruct the addition of additional states and territories.
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:
Hatch was the chairman of the Senate Judiciary Committee at the time.
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.
He was commenting on the Constitution that had come out of the 1789 Constitutional Convention in Philadelphia and did not yet have the Bill of Rights.
