Benjamin Cardozo

Supreme Court Membership Could Be Increased In Future By Democratic Party Senate Majority, Perfectly Legal

Progressives have developed the idea that in the future, when Democrats gain the majority of the US Senate, they may move toward increasing the membership of the Supreme Court, playing hardball as much as the Republicans have under Senate Majority Leader Mitch McConnell.

McConnell refused to allow hearings for Merrick Garland, Barack Obama’s Supreme Court nominee to replace the dead Antonin Scalia, saying it was an election year, and improper to allow an outgoing President to make an appointment.

This was preposterous, as John Adams named John Marshall Chief Justice in 1801, after losing reelection to Thomas Jefferson; Andrew Jackson chose Supreme Court Chief Justice Roger Taney in 1836, his last year in office; and Grover Cleveland, Benjamin Harrison and William Howard Taft chose Justices in their last year in office; and Herbert Hoover chose Benjamin Cardozo in 1932, his last year in office; and Dwight D. Eisenhower chose William Brennan in the year of his reelection campaign; and Ronald Reagan chose Anthony Kennedy in his last year in office in 1988.

We have had differing numbers of justices. up to ten, and there is no constitutional barring of adding more Justices, as Franklin D. Roosevelt wished to do in 1937.

What is good for the goose is good for the gander, as the saying goes, and this might be a way to wield power on the part of the Democrats to create a balanced Court, as otherwise, we will have the most extremist Court since the 1920s!

Chuck Schumer, The Great Jewish Hope: The Highest Ranking Elected Jew Ever In American Government!

The new Senate Minority Leader is New York Senator Chuck Schumer, who has been in the Senate since 1999, and defeated a tough opponent, Republican three term Senator Alfonse D’Amato.

Schumer began his political career at the age 23, and entered the House of Representatives at age 29 from Brooklyn, New York.

He had to compete first with fellow, soon to be retired Senator Daniel Patrick Moynihan, and then his newly elected replacement, Hillary Clinton, who would seek the Presidency despite being the Junior Senator from New York.

Schumer worked his way up the leadership, being a loyal subordinate for ten years to Nevada Senate Majority Leader Harry Reid, and built up the Democratic majority in 2006 and 2008, before the bottom fell out, and the Democrats lost seats, from a high of 60 down to 46 and now up to 48 in 2017.

Schumer is a man who is very accessible and warm, and will do a lot of good for the Democrats, and he happens to have the distinction of being the highest ranking elected Jews ever in American government.

Yes, we have had other distinguished Jewish US Senators, but none in a leadership position in the Senate.

Yes, we had House Republican Majority Leader Eric Cantor of Virginia, second ranking in the House of Representatives, and hoping to become Speaker of the House someday, before he was defeated for nomination to his seat in 2014 by a more extremist right wing Republican, David Brat.

Yes, we have had Senator Joe Lieberman of Connecticut, who was Vice Presidential nominee with Al Gore in 2000, when they won the popular vote, but lost the Electoral College to George W. Bush and Dick Cheney.

Yes, we have had Jewish cabinet officers, including Henry Morgenthau, Jr, Henry Kissinger, Abraham Ribicoff, and Arthur Goldberg among others, who have had impact on government.

And yes, we have had Jewish Supreme Court Justices by appointment, including Louis Brandeis, Benjamin Cardozo, Felix Frankfurter, Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan among others.

But Schumer has the potential to have a greater impact politically than most party leaders, so we must wish him the best fortune as the Democrats battle against the Trump Presidency.

Yesterday, Schumer gave a fighting, defiant speech to the Senate on his first day as Minority Leader, making it clear his party would contest Trump on the Cabinet and on every policy that undermines the middle class and promotes the elite wealthy against the average American.

Many Presidents Have Made Court Appointments In Last Year Of Term Or Presidency

The Republican Party is making the preposterous argument that a President, in his last year in office, should not be able to make an appointment to the Supreme Court, when history tells us otherwise.

Just because a President is finishing his time in office does not mean that he has no authority to do his job, which includes appointing judges and Justices!

And what about Presidents running for reelection, with the possibility that he might not be reelected?  Does that mean every President in the last year of any Presidential term should lose his powers to make appointments to the federal judiciary?

History tells us otherwise as witness the following:

George Washington 1796 –two appointments

Thomas Jefferson 1804–one appointment

Andrew Jackson 1836–two appointments, including Chief Justice Roger Taney, who remained on the Court for 28 years

Grover Cleveland 1888–two appointments, including Chief Justice Melville Fuller, who remained on the Court for 22 years

Benjamin Harrison 1892–one appointment

William Howard Taft 1912–one appointment

Woodrow Wilson 1916—two appointments, including the controversial, longest battle, to put Louis Brandeis on the Supreme Court

Herbert Hoover 1932–one appointment (Benjamin Cardozo)

Franklin D. Roosevelt 1940–one appointment  (Frank Murphy)

Ronald Reagan 1988–one appointment (Anthony Kennedy)

Additionally, Presidents have made appointments to the federal district and circuit courts when in the last year in office (Reagan 26 and 7; Clinton 37 and 9; Bush II 26 and 6; Obama 4 and 4).

And from 1947 to 2014, 416 District Court and 79 Circuit Court appointments have been made in Presidential election years.

So the Republican Party has no case for why Barack Obama should not be able to make an appointment, other than that they do not want a liberal replacing a conservative, and bringing the end of the 44 year conservative and Republican dominance on the Court.

But the answer to that is to stop being a crybaby and accept that your reign of dominance is coming to an end, and not too soon.

It is time to move into the 21st century of constitutional law, rather than dwell in the 19th century Gilded Age mentality of the conservatives on the Supreme Court!

 

 

The 15 Greatest Supreme Court Justices Since 1900

The Supreme Court has become more controversial than ever in recent years, and the decisions of the John Roberts Court in 2015 only added fuel to the fire, regarding who the greatest and worst Supreme Court Justices have been in American history.

We have had 112 Supreme Court Justices, and 17 Chief Justices, including 5 who served as Associate Justice as well.

58 Justices have served since 1900, with a few selected before that date but serving into the 20th century. This includes 9 Chief Justices, including four who had served as Associate Justices of the Supreme Court.

If one had to select the top 15 Supreme Court Justices since 1900, without ranking them specifically, but instead creating a list chronologically, they would be listed as follows:

Oliver Wendell Holmes, Jr.
Charles Evans Hughes
Louis Brandeis
Harlan Fiske Stone
Benjamin Cardozo
Hugo Black
Felix Frankfurter
William O. Douglas
Earl Warren
William J. Brennan, Jr.
Thurgood Marshall
Harry Blackmun
John Paul Stevens
Sandra Day O’Connor
Ruth Bader Ginsburg

Note that 9 of these 15 Supreme Court Justices were appointed by Republicans—Holmes by Theodore Roosevelt; Hughes by William Howard Taft and then elevated to Chief Justice by Herbert Hoover; Stone by Calvin Coolidge; Cardozo by Herbert Hoover; Warren and Brennan by Dwight D. Eisenhower; Blackmun by Richard Nixon; Stevens by Gerald Ford; and O’Connor by Ronald Reagan.

Democratic Presidents chose the following: Brandeis by Woodrow Wilson; Black, Frankfurter and Douglas by Franklin D. Roosevelt; Stone elevated to Chief Justice by FDR; Marshall by Lyndon B. Johnson; and Ginsburg by Bill Clinton.

Republican Presidents And Ten Exceptional Supreme Court Appointments Since 1900!

Republican Presidents have contributed many outstanding Supreme Court Justice from the time of Theodore Roosevelt through the Presidency of George H. W. Bush, from 1902 through 1990.

Ten Justices can be seen as having a very positive impact on the Court, often surprising the Republican Presidents who appointed them, as many could have been appointed by Democratic Presidents in retrospect!

These Justices include:

Oliver Wendell Holmes, appointed by Theodore Roosevelt, and serving from 1902-1932.

Harlan Fiske Stone, appointed by Calvin Coolidge, and serving as Associate Justice from 1925-1941, and then elevated to Chief Justice by Franklin D. Roosevelt from 1941-1946.

Charles Evans Hughes, originally appointed by William Howard Taft, and serving as Associate Justice from 1910-1916, resigning to run as the Republican Presidential nominee in 1916, and then, reappointed, now as Chief Justice by Herbert Hoover, and serving from 1930-1941.

Benjamin Cardozo, appointed by Herbert Hoover, and serving from 1932-1938.

Earl Warren, appointed by Dwight D. Eisenhower, and serving as Chief Justice from 1953-1969.

William Brennan, appointed by Dwight D. Eisenhower, and serving from 1956-1990.

Harry Blackmun, appointed by Richard Nixon, and serving from 1970-1994.

John Paul Stevens, appointed by Gerald Ford, and serving from 1975-2010.

Sandra Day O’Connor, appointed by Ronald Reagan, and serving from 1981-2006.

David Souter, appointed by George H. W. Bush, and serving from 1990-2009.

Any scholarly listing of great Supreme Court Justices would certainly list Holmes, Warren, Brennan, Blackmun, and possibly Stevens in the top ten Supreme Court Justices of all time, a total of 112 Justices in the history of the Supreme Court up to now. And Stone, Hughes, Cardozo, O’Connor, and Souter would all rank in the next ten, making this list part of the top 20 out of the entire list. And Stone, Hughes and Warren served as Chief Justices, arguably the three best Chief Justices, following the greatest Chief Justice of all time, Chief Justice John Marshall (1801-1835)!

All of this above list, except Cardozo, served for a long time, from a low of 16 years for Warren, up to 35 for Stevens, and even Cardozo is rated as being an outstanding Justice, despite his short period on the Court.

So the Republican Party and Presidents, often by misjudgment or error, selected many of the greatest Supreme Court Justices in its history in the 20th century!

Tea Party People And Conservatives Take Note: The Constitution Established A Strong National Government, And The Amendments Have Made For A More Liberal, Nationalist Nation!

Tomorrow, the House of Representatives is spending taxpayer money to read the Constitution out loud, as a supposed lesson to the nation as to what the Constitution contains.

This is occurring due to the impact of the Tea Party Movement, but if that group and other conservatives really listen to and think about the words of the Constitution, they would realize what the Constitution is all about.

The Constitution was created to REPLACE the Articles of Confederation, a document that gave the states authority that led to chaos, anarchy and bankruptcy, and forced the hand of liberal nationalist Founding Fathers who realized that the country would not survive without a STRONGER NATIONAL GOVERNMENT.

The Constitution gave the US Congress tremendous and specific powers in Article 1, Section 8, the ELASTIC CLAUSE–necessary and proper for the common defense and the general welfare–, creating vague language that could be interpreted broadly, and has been by the Supreme Court over 200 years since the time of Chief Justice John Marshall.

Liberal nationalists brought about the Constitution and the Bill of Rights!

Liberal nationalists brought about the Civil Rights Amendments (13, 14, 15) in the years after the Civil War.

Liberal nationalists brought about the “Progressive” amendments on the federal income tax (16), direct election of the US Senate taken away from the state legislatures (17), and woman suffrage (19) in the second decade of the 20th century.

Liberal nationalists brought about the right of DC residents to vote for President (23), the end of the poll tax in all elections (24), and the 18 year old vote (26) in the decade of the mid to late 1960s and early 1970s.

The Constitution has been made the great document it is by the actions of the Founding Fathers and later generations of liberal nationalists, whether Federalist, Republican, or Democratic, and by Supreme Courts led by great Justices, including John Marshall, Louis Brandeis, Benjamin Cardozo, William O. Douglas, Earl Warren, William Brennan, Harry Blackmun, John Paul Stevens and many others!

No matter what conservatives, Republicans, and Tea Party activists might say or believe, it is LIBERAL and PROGRESSIVE activism that has led to the Constitution and its amendment improvements over two centuries!

Liberals and progressives stand together in pride as to their enactment and expansion of the document which inspires people all over the world, the greatest constitutional document ever created by the will of mankind!