Judicial Interpretation Quotes
Two openings appeared on the Supreme Court for Nixon to fill. He heard from many people on recommendations, but he wanted to fill the posts with “strict constructionists.” Rehnquist had written giving him a political operational definition of a strict constructionist. This memo was never released to the public by the White House on the grounds that it was protected by Executive Privilege. However, the definition given had virtually nothing to do with the concept of strict construction but is a definition of a ideological conservative constructing his own meaning to the Constitution. The source for the text came from John Dean, the Counsel to the President, who found this memo in his White House file and revealed it at a question and answer session at the Commonwealth Club of San Francisco, October 10, 2001.
In 2002 the corrupt Indonesian Courts ruled that a very solvent Canadian company Manulife was bankrupt so that others could get control. The international financial and political community wanted the Indonesian government to intervene and reverse the rulings, but historically the courts had no independence and had been tools of the government.
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
This quotation is particularly important because it summarizes one of two opposite schools or thought regarding judicial interpretation of the Constitution that politicians have been arguing about since the Supreme Court first sat. The other is Original Intent where only the original intentions of the writers and ratifiers of the Constitution should be considered—assuming that it can be determined.
Justice Curtis resigned from the bench over the case.
