William Barr Quotes
When a nationwide injunction constrains a significant executive policy, the Justice Department has little choice but to seek emergency relief.
Barr, William P. "End Nationwide Injunctions." The Wall Street Journal, 5 Sept. 2019.
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 Supreme Court had ruled several of the New Deal programs unconstitutional.
In general, Justice Jackson was correct. Almost all major Supreme Court decisions that have ruled against the Legislative Branch or the Executive Branch, have been, reversed by a future Supreme Court, reversed by new legislation, reversed by a subsequent Constitutional Amendment, reversed by science or technology, or acknowledged by future generations to be wrong but were now moot and needed no correcting. The greatest of the Supreme Court decisions have generally been those that upheld the Congress and the Executive.
She had been asked how well prepared she was to be a Supreme Court Justice. Many Justices believe that the post is so unique that no amount of lower court experience can prepare one for the Supreme Court.
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}.
Referring to the Brown v. Board of Education, the Topeka, KS, Supreme Court school desegregation decision:
In 1832 the Supreme Court held that the state of Georgia could not remove Creek and Cherokee Indians from lands that had been guaranteed to them by a federal treaty. The president disagreed with the court, then headed by John Marshall:. Marshall could not do so without the executive. The Indians were illegally removed to Western lands.
William Pelham Barr is an American attorney who served as the 77th and 85th United States Attorney General in the administrations of Presidents George H. W. Bush and Donald Trump.
