Charles Evans Hughes

Presidential Concession Speeches An Endorsement Of American Democracy!

The story of American democracy over two centuries and more has been graceful concession speeches by the losers of Presidential elections. Despite vehement and emotional feelings on both sides of an election, being a “good sport” and conceding in a proper manner is an American tradition!

The only time there was, in effect, no concession speeches was when South Carolina, and eventually ten other Southern states, eventually refused to accept that Abraham Lincoln had won the Presidency in 1860, and began the civil insurrection known to history as the American Civil War!

Other than that one time, losers of Presidential elections have always been gracious and patriotic in their acceptance of the victory of their rivals, until 2020 when Donald Trump refused to concede and provoked the US Capitol Insurrection of January 6, 2021!

Some elections have been very close, as in 1876, when Rutherford B. Hayes defeated Samuel Tilden, in an election which dragged on to final determination until just before Inauguration Day in 1877, with Tilden accepting his loss.

The same situation occurred in 1884, when the Republican Party lost the Presidency for the first time in a generation to Democrat Grover Cleveland by very small margins, but James G. Blaine accepted defeat graciously.

In 1916, we had the second closest Electoral Vote margin after 1876, until later in the year 2000, with loser Charles Evans Hughes being gracious in defeat to President Woodrow Wilson.

The upset election victory of President Harry Truman over New York Governor Thomas E. Dewey in 1948 was accepted in a proper way by Dewey. And later, Truman had Dewey visit the White House!

Richard Nixon in 1960 had advisers suggest he challenge John F. Kennedy over the close Illinois vote, but Nixon, outgoing Vice President, refused to drag out the matter, and accepted defeat in a gracious manner.

President Gerald Ford was heartbroken in 1976, when he lost to Jimmy Carter, but was very gracious in concession, read by his wife Betty Ford, because the President had developed laryngitis. And the Fords and the Carters became fast friends in later years, a closer friendship than anyone since John Adams and Thomas Jefferson!

Michael Dukakis was way ahead of George H. W. Bush at one point of the 1988 Presidential campaign, but was very appropriate in his concession speech.

President George H.W. Bush was devastated by his loss to Bill Clinton in 1992, as was Bob Dole in 1996, but both were proper in their concessions.

Al Gore fought the good fight in 2000, contesting the result for 36 days, but then conceding, when the Supreme Court intervened, and as outgoing Vice President, rejected any further battle over the Electoral College vote count on January 6, 2001.

Senator John McCain was totally decent and proper in his gracious concession speech, congratulating the nation in 2008, on the election of the first African American President, Barack Obama.

Mitt Romney had the same decency when he lost to Obama in 2012, and Hillary Clinton conceded the morning after the 2016 election to Donald Trump, although totally stunned by the loss.

So there was no excuse, and still there is none today, for any candidate for the Presidency who loses the election to refuse to concede, and instead to cause chaos, disarray, and literal violence, as that provoked by Donald Trump against Joe Biden’s victory in 2020.

So the time has come for Donald Trump to pay the price for the bloodshed and violence he provoked, and to be convicted and sentenced to federal prison.

And his decision to continue to provoke violence and what he calls “retribution” should lead to his incarceration BEFORE trial, as an example to the American people what happens, when anyone, even a former President, chooses to promote undermining of American democracy and the rule of law!

Losing Presidential Candidates Who Should Have Been President: Henry Clay, Charles Evans Hughes, Hubert Humphrey

When one looks back in American history at losing Presidential candidates who should have been President in their times, three names stand out:

Henry Clay of Kentucky, 1824, 1832, 1844

Charles Evans Hughes of New York, 1916

Hubert Humphrey of Minnesota, 1968

All three of these Presidential candidates were exceptional public servants.

Henry Clay was the most important legislator of the first half of the 19th century, known as the Great Compromiser, for his promotion of the Missouri Compromise of 1820, the Compromise Tariff of 1833, and the Compromise of 1850. He was the youngest Speaker of the House of Representatives, Secretary of State, and also served a number of terms in the US Senate. He stood for a stronger national government, in the Alexander Hamilton model, and had a great impact on many others including Abraham Lincoln, who became a Whig Party member due to the influence of Clay on him.

Charles Evans Hughes was the progressive Republican Governor of New York, in the Robert LaFollette-Wisconsin model in the early 20th century, served as an Associate Justice of the Supreme Court, resigned to run for President against Woodrow Wilson in the closest electoral vote election since 1876, and third closest electoral vote election of all time, and then went on to be Secretary of State. Finally, he became Chief Justice of the Supreme Court in the 1930s, the New Deal era.

Hubert Humphrey was the Democratic Senator from Minnesota, a leading liberal figure, who had been Mayor of Minneapolis before going to the Senate. He was seen as a premier liberal in Congress, responsible for many of the ideas that became the Great Society. He was Vice President under Lyndon B. Johnson, unhappy in that position and forced to support the Vietnam War in speeches, which undermined his Presidential campaign in 1968 against Richard Nixon. He came back to the Senate after his Presidential defeat, and sadly died at the young age of 66 in 1978.

If these three losing Presidential candidates had won, the history of the United States would have been vastly different.

What If Utah Senator Mike Lee Is Nominated For Supreme Court?

Early speculation on who Donald Trump might select to replace retiring Justice Anthony Kennedy on the Supreme Court centers on Utah Republican Senator Mike Lee, an original Tea Party member, having served in the Senate, and promoting libertarian ideas since 2011.

Not always a supporter of Trump, and not backing him in 2016 due to the Access Hollywood tape, Lee would still be a prime choice for Trump.

Lee is only 47 and could be expected to serve on the Court until 2050 and beyond.

He is a member of the Senate Judiciary Committee, which has to consider the Supreme Court nomination, and there are 11 Republicans to 10 Democrats on that committee.

To believe that any of his GOP colleagues on the committee, or even in the Senate, would vote against their party member, is hard to conceive.

And if all 50 Republicans stay united (minus John McCain, who is not likely to return to Washington DC anytime soon), at the worst, Vice President Mike Pence can vote if need be, but a 50-49 vote is a majority, and likely, a few Democrats, in red states facing election, would cross the aisle and vote for Lee, as they did for Neil Gorsuch a year ago.

Having a Senator on the Supreme Court is not unheard of, as it has happened 15 times in American history.

Most famously, there was Alabama Democratic Senator Hugo Black, who served on the Court for 34 years from 1937 to 1971, appointed by Franklin D. Roosevelt. And President Harry Truman appointed two Senators—Sherman Minton of Indiana, who served from 1949-1956; and Harold Burton of Ohio who served from 1945-1958.

Also, there have been 17 Congressmen who served on the Supreme Court, including Warren G. Harding appointee George Sutherland of Utah who served from 1922-1938; and Chief Justice Fred Vinson of Kentucky, who served from 1946-1953, appointed by President Truman.

Finally, 6 Governors have been appointed to the Supreme Court, the last and most famous being California Governor Earl Warren, appointed Chief Justice by President Dwight D. Eisenhower in 1953 and serving to 1969; along with significant appointments by President Abraham Lincoln of Ohio Governor Salmon P Chase to be Chief Justice, serving from 1864-1873; former New York Governor Charles Evans Hughes, first appointed to the Court by William Howard Taft from 1910 to 1916, and then returning to the Court as Chief Justice by appointment of President Herbert Hoover from 1930-1941; and Michigan Governor Frank Murphy, appointed by FDR and serving from 1940-1949.

The Republican Party At The End Of 2017: Bereft Of All Principle, Common Decency, And Concern For The American People Who Are Not Wealthy And Privileged

Here we are on Christmas Day, and we would like to have the Christmas spirit far and wide in America.

But we cannot have that spirit, as the governing Republican Party at the end of 2017 is a shell of its old self.

The Republican Party today is not the party of Abraham Lincoln, William Seward, Thaddeus Stevens, and Charles Sumner. It is not the party of civil rights and racial equality.

The Republican Party today is not the party of Theodore Rooevelt, Robert La Follette, Sr., George Norris, and Charles Evans Hughes. It is not the party of progressive reform, of regulation of corporations and promotion of the environment.

The Republican Party today is not the party of Dwight D. Eisenhower, Nelson Rockefeller, William Scranton, and Earl Warren. It is not the party of world leadership and moderate domestic reform.

The Republican Party today is not the party of Gerald Ford, Charles Percy, Mark Hatfield, and Charles Mathias. It is not the party of bipartisan domestic and foreign policy.

Instead, the Republican Party is now the worst elements imaginable, bereft of all principle, common decency, and concern for the American people who are not wealthy and privileged.

It is an evil party, which has committed massive crimes against the American people and the world community.

It is a party which has shown no concern about breaking up families; destroying people’s lives; and consorts with enemies of the American Constitution and democratic values.

It is a party which has set out to destroy all domestic tranquility and foreign stability, all in the lunatic and maniacal craziness to enrich themselves and exploit others.

It is a party which professes religiosity, but ignores the Judeo-Christian tradition of “good works”.

It is a party of hypocrisy and the promotion of lies.

It is a party of disgraceful, selfish, greedy men and women who have declared war on the long held traditions of their party, and their super nationalism, xenophobia, and fascist tendencies endanger all Americans of color, other religions, and women who resist their evil intentions.

It is a party which deserves to go into the dustbin of history!

Donald Trump Competes With Warren G. Harding And George W. Bush As Least Intelligent President Of The United States!

The more one observes President Donald Trump, the more one realizes that he is one of the most ignorant, ill informed, and least intelligent Presidents of the United States.

Many of our Presidents have been intellectual heavyweights (16), including:

John Adams
Thomas Jefferson
James Madison
John Quincy Adams
Abraham Lincoln
James A. Garfield
Theodore Roosevelt
William Howard Taft
Woodrow Wilson
Herbert Hoover
Franklin D. Roosevelt
John F. Kennedy
Richard Nixon
Jimmy Carter
Bill Clinton
Barack Obama

Others, while not intellectually outstanding, were capable of good leadership (13) including:

George Washington
James Monroe
Andrew Jackson
James K. Polk
Ulysses S. Grant
Grover Cleveland
William McKinley
Harry Truman
Dwight D. Eisenhower
Lyndon B. Johnson
Gerald Ford
Ronald Reagan
George H. W. Bush

Then, there are others who are mediocre by comparison, but had at least some redeeming qualities (12), including:

Martin Van Buren
William Henry Harrison
John Tyler
Zachary Taylor
Millard Fillmore
Franklin Pierce
James Buchanan
Andrew Johnson
Rutherford B. Hayes
Chester Alan Arthur
Benjamin Harrison
Calvin Coolidge

And then there are the three Presidents at the absolute bottom intellectually, and all three disasters in office, including

Warren G. Harding
George W. Bush
Donald Trump

At least Harding and Bush were decent human beings, who bumbled their way through the Presidency, but Donald Trump is, in many ways, more ignorant and dense than either Harding or the second Bush.

Harding was a lightweight intellectually, but at least he published a newspaper in Marion, Ohio, before his political career, and he had some outstanding cabinet officers including Charles Evans Hughes and Herbert Hoover.

George W. Bush, we know, read a great deal in the White House, while Trump is not a reader, and hardly gets past a page or two, even of important documents, as we learn that he counts on his top staff people to keep him up to date, and prefers Twitter and watching cable news as his main sources of information. His lack of intellectual curiosity, and willingness to believe conspiracy theories as fact is extremely alarming.

Trump has shown total ignorance of history and science, and is proving to be a true total disaster after only a little more than 100 days in office. He is much more destructive of the image of the Presidency than Harding or Bush could ever be!

How Slim Margins Decide So Many Presidential Elections And Affect American History And Government Policies!

The argument that many ill informed people have is that “voting does not matter”, when just the opposite is true.

As we begin 2017 and the reality of President Trump in 19 days, a look at history tells us clearly how small numbers of votes or percentages of votes make a dramatic difference, as demonstrated in the following elections in American history:

1844– a switch of a few thousand votes in New York would have given the election to Henry Clay, instead of James K. Polk, and the difference was the small third party, the Liberty Party.

1848–a switch of a few thousand votes, again in New York, would have given the election to Lewis Cass, instead of Zachary Taylor, but Free Soil Party nominee, Martin Van Buren, former Democratic President and from New York, won ten percent of the total national vote, and threw the election to Whig candidate Taylor in New York.

1876—the dispute over the contested votes of South Carolina, Louisiana, and Florida led to a special Electoral Commission set up, which rewarded all of those three states’ electoral votes to Rutherford B. Hayes, although Democrat Samuel Tilden led nationally by about 250,000 popular votes.

1880–James A. Garfield won the popular vote by the smallest margin ever, about 2,000 votes, and won the big state of New York by only 20,000 votes, in defeating his opponent Winfield Scott Hancock.

1884–Grover Cleveland won his home state of New York by about 1,000 votes, which decided the election, and nationally only by about 57,000 votes over James G. Blaine.

1888–Grover Cleveland won the national popular vote by about 90,000, but lost in close races in his home state of New York and opponent Benjamin Harrison’s home state of Indiana, so lost the Electoral College, as Harrison became President. The Harrison lead in New York was less than 14,000 votes and in Indiana, less than 2,000.

1916—Woodrow Wilson won California by less than 4,000 votes, but enough to elect him to the White House over Republican Charles Evans Hughes.

1948–Harry Truman won three states by less than one percent–Ohio, California and Illinois–over Thomas E. Dewey, and that decided the election.

1960–John F. Kennedy won Illinois by about 8,000 votes; Texas by about 46,000 votes; and Hawaii by under 200 votes, and only had a two tenths of one percentage point popular vote victory nationally, about 112,000 votes, over Richard Nixon.

1976–Jimmy Carter won over Gerald Ford by two percentage points, but a switch of 5,600 votes in Ohio and 3,700 votes in Hawaii would have given the election to Ford.

2000—Al Gore lost Florida by 537 votes, in the final judgment of the Supreme Court, which intervened in the election, and had he won Florida, he would have been elected President, even though he won the national popular vote by about 540,000. Bush also won New Hampshire by only about 7,000 votes, but won the Electoral College 271-266.

2016–Hillary Clinton won the national popular vote by about 2.85 million, but lost the crucial states of Michigan by about 10,000; Wisconsin by about 22,000; and Pennsylvania by about 46,000, to Donald Trump, so together about 79,000 votes decided the Electoral College.

So the idea that voting is not important, does not matter, is proved wrong so many times in American history! Every vote does indeed count, and has long range implications on who sits in the White House, and what policies are pursued, which affect all of us!

The Closest Presidential Elections In American History

The closest Presidential Elections in American history would be the following in chronological order since the introduction of popular vote in 1824:

Presidential Election of 1824—Andrew Jackson vs John Quincy Adams, Henry Clay, and William Crawford

Presidential Election of 1876–Rutherford B. Hayes vs Samuel Tilden

Presidential Election of 1880–James A. Garfield vs Winfield Scott Hancock

Presidential Election of 1884–Grover Cleveland vs James G. Blaine

Presidential Election Of 1888–Benjamin Harrison vs Grover Cleveland

Presidential Election of 1892–Grover Cleveland vs Benjamin Harrison, James Weaver

Presidential Election of 1916–Woodrow Wilson vs Charles Evans Hughes

Presidential Election Of 1960–John F. Kennedy vs Richard Nixon

Presidential Election of 1976–Jimmy Carter vs Gerald Ford

Presidential Election of 2000–George W. Bush vs Al Gore, Ralph Nader, Pat Buchanan

Presidential Election of 2004–George W. Bush vs John Kerry

Barack Obama’s Supreme Court Solution: Choose Former Republican Supreme Court Justice Sandra Day O’Connor On One Year Term!

The Republican majority in the US Senate have made clear that they will not hold hearings, or in any fashion, consider the nomination of anyone selected by President Barack Obama to replace Associate Justice Antonin Scalia on the Supreme Court, leaving the membership at eight for over 400 days, until a new President has been inaugurated and chosen a successor.

There is not much that can be done about this in reality, except that it should convince those who support the Democrats to come out in droves and insure that Hillary Clinton or Bernie Sanders is elected President.

It is, certainly, another issue in the campaign for the national elections, and since Republicans are split around Donald Trump, it gives an advantage to the Democrats, if only they can convince voters not to sit home, when either Hillary or Bernie lose the Presidential nomination to the other over the next few months.

But Barack Obama could put the Republicans in a box if he were to nominate a former member of the Supreme Court, chosen by Ronald Reagan, to return to her seat which she gave up ten years ago, not because of her own health, but because her husband had Alzeheimers, and she wanted to take care of him.

Were it not for that, O’Connor, with 25 years on the Court, could be close to the all time record of service of Justice William O. Douglas, who served 36 years from 1939-1975.  Her age is not an issue, as Justice John Paul Stevens was on the Court until age 90 and Justice Oliver Wendell Holmes a few months older but still age 90.

Yes, O’Connor will be 86, but she would be capable of serving for a year, and her record shows she would be a balancing influence, much like Justice Anthony Kennedy, not a certainty to vote with conservatives or with liberals on the Court.

This way, she would be able to help the Court do its work, serve her country, and leave after a new President made his or her appointment shortly after inauguration.

One can be sure that O’Connor would do her duty for her country, as she is highly honored already.  And Associate Justice Charles Evans Hughes came back to the Court as Chief Justice 14 years after leaving the Court in 1916.

So the best solution is for Obama to request that O’Connor agree to return, and it will put the Republicans in an awkward situation if they refuse to allow it!

Politicians Who Served On The Supreme Court In The Past Hundred Years

The Supreme Court has, in recent decades, become a group of lower court judges who move up to the Supreme Court.

The thought that politicians, who were elected to public office or appointed to a President’s cabinet, would end up on the Supreme Court, is no longer a likelihood, which is, in many ways, tragic, as being a politician gives a different perspective on law than those appointed to lower courts and moving up to the Supreme Court.

Among those few politicians elected or appointed to public office who served on the Supreme Court in the past century of time are:

Charles Evans Hughes–Governor Of New York 1907-1910, Republican Presidential nominee in 1916, Secretary of State 1921-1925, along with serving as Associate Justice 1910-1916 and Chief Justice 1930-1941, appointed by William Howard Taft and Herbert Hoover.

William Howard Taft—Secretary of War 1904-1908, President of the United States 1909-1913, along with serving as Chief Justice of the Supreme Court 1921-1930, appointed by Warren G. Harding.

George Sutherland—Utah Congressman 1901-1903, Senator from Utah 1905-1917, along with serving as Associate Justice of the Supreme Court 1922-1938, appointed by Warren G. Harding.

Hugo Black–Senator from Alabama 1927-1937, along with serving as Associate Justice of the Supreme Court 1937-1971, appointed by Franklin D. Roosevelt.

Frank Murphy–Mayor of Detroit 1930-1933, Governor of Michigan 1937-1939, Attorney General of the United States, 1939-1940, along with serving as Associate Justice of the Supreme Court 1940-1949, appointed by Franklin D. Roosevelt.

Harold Burton— Mayor of Cleveland Ohio 1936-1940, Governor Of Ohio 1941-1945, along with serving as Associate Justice of the Supreme Court 1945-1958, appointed by Harry Truman.

Sherman Minton—Senator from Indiana 1935-1941, along with serving as Associate Justice of the Supreme Court 1949-1956, appointed by Harry Truman.

Earl Warren—Attorney General of California, 1939-1943, Governor of California 1943-1953, along with serving as Chief Justice of the Supreme Court 1953-1969, appointed by Dwight D. Eisenhower.

These eight Supreme Court Justices include four Governors, three US Senators, three Cabinet members, two Presidential candidates, one Congressman, two Mayors, and one State Attorney General.

Two prominent politicians came under consideration for the Supreme Court under President Bill Clinton, but both turned down an appointment—New York Governor Mario Cuomo and Maine Senator and Majority Leader George Mitchell.  Both would have been valuable additions to the Court, but instead two people with judicial experience—Ruth Bader Ginsburg and Stephen Breyer—were chosen, although they have worked out very well in their time on the Court.

 

 

Republican Party History: Key Dates Of 1860, 1912, 1964, 2016—the 52 Year Syndrome!

The Republican has had a long, controversial history since its founding in 1854 as a party opposed to the expansion of slavery, and containing within itself, those opposed to the institution of slavery itself.

After only six years, the Republican Party reached majority control of both houses of Congress and the White House, with Abraham Lincoln.

From then until 52 years later, 1912, the GOP dominated American politics, except in the South, where the Democrats prevailed.

In 1912, the party split between former President Theodore Roosevelt, an extremely popular and path breaking President, the greatest Republican President since Lincoln, and the incumbent President, William Howard Taft, who was supported by conservatives of the time against TR’s Progressive Party challenge, which led to Taft only winning two states and 23 percent of the national popular vote, and putting Democrat Woodrow Wilson in the White House.

While the Republicans recovered in the 1920s, and almost defeated Wilson in 1916 with their nominee, Charles Evans Hughes, the Great Depression decimated the Republican Party, and the Democrats became the majority party, while the Republicans continued to battle between moderates and conservatives, with the moderates winning the nominations for President, until finally, Senator Barry Goldwater defeated the Establishment  forces led by New York Governor Nelson Rockefeller in 1964, 52 years after the earlier collapse.  Goldwater went on to lose the popular vote in a two way race by a larger margin than ever in American history, with Lyndon B. Johnson winning over 61 percent of the national vote.

This massive defeat did not end the civil war in the GOP, with Gerald Ford just barely winning the nomination over Ronald Reagan in 1976, and losing a very close race to Jimmy Carter.  But Reagan then won the White House, and the right wing felt it was in its glory, although Reagan was, actually, very unpredictable in his policies and views, and would today, probably be rejected by the extreme right wing in control of the GOP in 2015.

The right wing was unhappy with George H. W. Bush, Bob Dole, George W. Bush, John McCain and Mitt Romney as insufficiently conservative, and now there is full scale civil war in the GOP, including revolts against Speaker of the House John Boehner and Senate Majority Leader Mitch McConnell.  The rise of Donald Trump, Dr. Benjamin Carson, and Carly Fiorina, all non office holders, demonstrates the right wing desire to fight the GOP establishment, but what it means is certain defeat in 2016.

Likely, no matter who is nominated, the Republican Party is, seemingly, at a 52 year mark, again ready to implode upon itself, and give the Democrats long term control of the Presidency, as the situation now appears!