John Marshall

Mike Huckabee, The Supreme Court, And The “Supreme Being”!

Ronald 1 Comment

Former Arkansas Governor Mike Huckabee, a candidate for the Presidency, and a former preacher as well, is going off the deep end in his vehement opposition to gay marriage.

Apparently, Mike Huckabee believes that the American people do not need to obey judges and the federal courts, and the Supreme Court, if they do not like or agree with their decisions.

If Barack Obama were to say this, he would be pushed toward impeachment, but Mike Huckabee is promoting disobedience of the judiciary, and shows total ignorance of our legal history!

What he is advocating, taken to its extreme, would mean that the Citizens United case would be ignored, and that billionaires would not be able to distort our election process, something any sensible person would advocate, but the only way to overcome this is by constitutional amendment!

So if gay marriage is made legal in all of America at the end of June, the only way to overcome it is to bring about a similar constitutional amendment.

The same goes for those who are upset about interracial marriage, civil rights laws, the lax enforcement of the Voting Rights Act, racial integration, and a whole host of other “objectionable” decisions made by the courts and the Supreme Court over 226 years of our history!

Mike Huckabee demonstrates his ignorance of our history, and of the significance of Chief Justice John Marshall, and of “judicial review” and the famous Supreme Court case, Marbury V. Madison in 1803.

Presidents, including Thomas Jefferson, Andrew Jackson, Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, Barack Obama, and really ALL Presidents; and many other government figures over the years; and citizens of America throughout its history, have denounced Supreme Court decisions!

BUT the only alternative is a constitutional amendment, ladies and gentlemen, and for any Presidential candidate or President to call for defiance of the Supreme Court is grounds for impeachment and removal from office.

In America, the Supreme Court is the final arbiter, good or bad, and really, it is both, depending on the issue and how people perceive it!

We are NOT a theocracy, and the “Supreme Being”, that Mike Huckabee advocates, is NOT the final arbiter of constitutional cases, and never has been! Thank goodness for that, as it would take away the democracy that America has evolved into over more than two centuries of American history!

Republican Presidents And Ten Exceptional Supreme Court Appointments Since 1900!

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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!

Secretary Of State: More Prominent Public Figures Historically Than Presidency!

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The Secretary of State serves at the will of the President of the United States, and its ranks have included future Presidents; Presidential candidates who were Secretary of State and later lose the Presidency; Presidential losers who then become Secretary of State; and Presidential contenders who do not get nominated for President, but later become Secretary of State. The Secretary of State also is often a great public figure who becomes notable for his background, without having sought the Presidency. Witness the following:

Presidents who were Secretary of State—Thomas Jefferson, James Madison, James Monroe, John Quincy Adams, Martin Van Buren, James Buchanan

Presidential candidates who were Secretary of State and later lose the Presidency—Henry Clay, James G. Blaine

Presidential Losers who then become Secretary of State—Henry Clay, Daniel Webster, Lewis Cass, James G. Blaine, William Jennings Bryan, Charles Evans Hughes, John Kerry

Presidential contenders who do not get nominated for President, but later become Secretary of State—John C. Calhoun, William Seward, Edmund Muskie, Hillary Clinton.

Great public figures notable for their background, without having sought the Presidency, but become Secretary of State—John Marshall, Edward Everett, Hamilton Fish, William Evarts, Richard Olney, John Sherman, John Hay, Elihu Root, Robert Lansing, Frank Kellogg, Henry Stimson, Cordell Hull, James F. Byrnes, George C. Marshall, Dean Acheson, John Foster Dulles, Dean Rusk, Henry Kissinger, Cyrus Vance, George P. Shultz, James Baker, Warren Christopher, Madeleine Albright, Colin Powell, Condoleezza Rice.

So 42 of the 68 people who have served as Secretary of State are prominent in American history, while some of our 43 Presidents have NOT been notable in their careers or in their Presidency!

As John Kerry Becomes Secretary Of State, An Assessment Of The Most Influential Secretaries Of State In American History

Ronald 25 Comments

With Hillary Clinton leaving the State Department, and John Kerry becoming the 68th Secretary of State, it is a good time to assess who are the most influential Secretaries of State we have had in American history.

Notice I say “most influential”, rather than “best”, as that is a better way to judge diplomatic leadership in the State Department.

Without ranking them, which is very difficult, we will examine the Secretaries of State who have had the greatest impact, in chronological order:

Thomas Jefferson (1789-1793) under President George Washington—set the standard for the department, and was probably the most brilliant man ever to head the State Department.

John Quincy Adams (1825-1829) under President James Monroe—brought about the Monroe Doctrine, treaties with Canada, and the acquisition of Florida.

William H. Seward (1861-1869) under Presidents Abraham Lincoln and Andrew Johnson—brought about the neutrality of Great Britain and France in the Civil War, and purchased Alaska from Czarist Russia, a fortunate development.

Hamilton Fish (1869-1877) under President Ulysses S. Grant—involved in many diplomatic issues in Latin America, had America become more engaged in Hawaii, and settled differences with Great Britain, and often considered the major bright spot in the tragic Grant Presidency.

James G. Blaine (1881, 1889-1892) under Presidents James A. Garfield and Chester Alan Arthur briefly, and full term under President Benjamin Harrison—helped to bring about eventual takeover of Hawaii, and promoted the concept of a canal in Central America.

John Hay (1898-1905) under Presidents William McKinley and Theodore Roosevelt—-involved in the issues after the Spanish American War, including involvement in the Philippines, Cuba, Puerto Rico, and Guam, and a major influence over TR’s diplomatic initiatives in his first term.

Elihu Root (1905-1909) under President Theodore Roosevelt—-a great influence in TR’s growing involvement in world affairs in his second term in office.

Robert Lansing (1915-1920) under President Woodrow Wilson—a major player in American entrance in World War I and at the Versailles Peace Conference.

Charles Evan Hughes (1921-1925) under Presidents Warren G. Harding and Calvin Coolidge—-had major role in Washington Naval Agreements in 1922.

Henry Stimson (1929-1933) under President Herbert Hoover—-was a major critic of Japanese expansion, as expressed in the Stimson Doctrine of 1932.

Cordell Hull (1933-1944) under President Franklin D. Roosevelt—-was the longest lasting Secretary of State, nearly the whole term of FDR, and very much involved in all of the President’s foreign policy decisions.

Dean Acheson (1949-1953) under President Harry Truman—-involved in the major decisions of the early Cold War, including the Korean War intervention.

John Foster Dulles (1953-1959) under President Dwight D. Eisenhower—had controversial views on Cold War policy with the Soviet Union, including “massive retaliation”.

Dean Rusk (1961-1969) under Presidents John F. Kennedy and Lyndon B. Johnson—highly controversial advocate of the Vietnam War escalation, but served under the complete terms of two Presidents, and never backed away from his views on the Cold War.

Henry Kissinger (1973-1977) under Presidents Richard Nixon and Gerald Ford—-easily one of the most influential figures in the shaping of foreign policy in American history, earlier having served as National Security Adviser.

George Shultz, (1982-1989) under President Ronald Reagan—-very close adviser to the President on his major foreign policy initiatives.

James Baker (1989-1992) under President George H. W. Bush—very significant in Persian Gulf War and end of Cold War policies.

Madeleine Albright (1997-2001) under President Bill Clinton—-first woman Secretary of State and played major role in many issues that arose.

Colin Powell (2001-2005) under President George W. Bush—-involved in the justification of the Iraq War based on Weapons of Mass Destruction, which undermined his reputation because of the lack of evidence on WMDs.

Condoleezza Rice (2005-2009) under President George W. Bush—second woman Secretary of State and intimately involved in policy making.

Hillary Clinton (2009-2013) under President Barack Obama—third woman Secretary of State, and hailed by most as a major contributor to Obama’s foreign policy initiatives.

This is a list of 21 out of the 68 Secretaries of State, but also there are 15 other Secretaries of State who were influential historical figures, including:

John Marshall
James Madison
James Monroe
Henry Clay
Martin Van Buren
Daniel Webster
John C. Calhoun
James Buchanan
Lewis Cass
William Jennings Bryan
George Marshall
Cyrus Vance
Edmund Muskie
Alexander Haig
Warren Christopher

So a total of 36 out of 68 Secretaries of State have been major figures in American history, and contributed to the diplomatic development of the United States in world affairs!

Conflict Between Presidents And Chief Justices Quite Common Historically

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It is well known that President Barack Obama and Chief Justice John Roberts do not have a warm relationship, with Roberts chosen by George W. Bush, with Obama voting against his confirmation, and with the two men having totally different ideological views. Despite that, and the annoyance of Roberts over Obama’s condemnation of the Supreme Court for the Citizens United case of 2010, Roberts saved “ObamaCare” in June 2012, legitimizing it for the future, and gaining the anger of Republicans and conservatives. Who can say for sure how the relationship between Obama and Roberts will develop in the second term, and whether Roberts will surprise with more support of the administration than just the health care issue?

But the fact of their antagonism is not new in American history, as it is actually quite common that the Chief Justice is picked by a President of one ideological view, and will often clash with a future President of another party during his tenure on the Court.

The examples of such antagonism, far worse than the Obama-Roberts relationship, follow:

Thomas Jefferson and Chief Justice John Marshall (appointed by John Adams), on the Marbury V Madison case of 1803, dealing with Judicial Review. They were also distant cousins, who personally disliked each other.

Andrew Jackson and Chief Justice John Marshall (appointed by John Adams), on the removal of the Cherokee and other Indian Tribes after the Worcester V. Georgia and other similar cases in the 1830s.

Abraham Lincoln and Chief Justice Roger Taney (appointed by Andrew Jackson), over the Dred Scott V Sanford case in 1857, and the President’s use of war powers during the Civil War years until Taney’s death in 1864.

Franklin D. Roosevelt and Chief Justice Charles Evans Hughes (appointed by Herbert Hoover), over Supreme Court decisions during the New Deal years, and specifically FDR’s Court “Packing” Plan in 1937.

Richard Nixon and Chief Justice Earl Warren (appointed by Dwight D. Eisenhower), who Nixon had criticized in earlier years, and were rivals in California politics,and Warren trying to leave office under Lyndon B. Johnson, so Nixon would not replace him, but unable to do so due to controversy over Johnson’s nomination of Associate Justice Abe Fortas in 1968, leading to rejection, and Warren’s replacement, Warren Burger, being chosen by Nixon in 1969.

Bill Clinton and Chief Justice William Rehnquist (appointed by Ronald Reagan), who had major disagreements on policy, but Rehnquist conducted himself well at the Bill Clinton Impeachment Trial in 1999.

So the antagonism and rivalry of Presidents and Chief Justices is nothing new!

Chief Justices And The Presidential Oath Of Office

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Just a day and two away from the next quadrennial historic moment of a Chief Justice giving the oath of office to the President of the United States, it is interesting to look at the history of Chief Justices and Presidents they have sworn in.

The record of the most Presidents sworn in by a Chief Justice is Roger Taney, appointed by Andrew Jackson,who swore into office a total of seven Presidents–Martin Van Buren, William Henry Harrison, James K. Polk, Zachary Taylor, Franklin Pierce, James Buchanan, and Abraham Lincoln. And Lincoln was a great antagonist of Taney.

However, Chief Justice John Marshall, appointed by John Adams, had more total swearings into office of Presidents–a total of nine times–Thomas Jefferson twice, James Madison twice, James Monroe twice, John Quincy Adams once, and Andrew Jackson twice. And all but John Quincy Adams were his antagonists.

Then we have Chief Justice William Howard Taft, the 27th President of the United States, who as the appointee of Warren G. Harding, swore in Presidents Calvin Coolidge and Herbert Hoover.

And we have a former Presidential nominee, Charles Evans Hughes, who as Chief Justice, chosen by Herbert Hoover, swore in Franklin D. Roosevelt three times, and was a major antagonist of FDR and his Court “Packing” Plan.

And we have Chief Justice Earl Warren, appointed by Dwight D. Eisenhower, who swore in Ike, John F. Kennedy, Lyndon B. Johnson, and Richard Nixon, with Nixon being a major antagonist of Warren.

Finally, we have Chief Justice John Roberts, who has had a difficult relationship with Barack Obama, and who messed up the Inaugural oath in 2009 and had to redo it the next day for accuracy; made clear his annoyance at Obama’s criticism of the Citizens United decision in his State of the Union Address in 2010; and yet backed ObamaCare in June 2012, legitimizing it for the future and saving it from extinction. Still, Roberts is no “friend” of Obama.

And of course, some extremists talk of impeaching Roberts just for the act of swearing in Obama as President for the second time. But Roberts will not be deterred from his responsibility to do this, although in reality, any Justice or judge could swear in the President of the United States.

Presidents, Presidential Nominees, Presidential Seekers, Supreme Court Justices, And The Position Of Secretary Of State

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Many followers of American history, government and politics may not be aware of the large number of Presidents, Presidential nominees who lost the White House, and Presidential seekers who failed to win their party’s nomination, who have been Secretary of State, the most important cabinet position. And also there are four Secretaries of State who have served on the Supreme Court of the United States.

The following Presidents have been Secretary of State earlier:

THOMAS JEFFERSON
JAMES MADISON
JAMES MONROE
JOHN QUINCY ADAMS
MARTIN VAN BUREN
JAMES BUCHANAN

The following have been Presidential nominees, but failed to win the White House:

HENRY CLAY
JOHN C CALHOUN
DANIEL WEBSTER
LEWIS CASS
JAMES G BLAINE
WILLIAM JENNINGS BRYAN
CHARLES EVANS HUGHES

The following sought their party’s Presidential nomination, failed to win it, but went on to be Secretary of State:

WILLIAM SEWARD
EDMUND MUSKIE
HILLARY CLINTON

Additionally, four Secretaries of State have served on the Supreme Court, with three of them being Chief Justice:

JOHN JAY
JOHN MARSHALL
CHARLES EVANS HUGHES
JAMES F BYRNES (Associate)

This is of great interest now as we have Senator John Kerry, 2004 Democratic Presidential nominee, under serious consideration by President Obama to be his second term Secretary of State!

Will Chief Justice John Roberts Be In The Tradition Of John Marshall, Charles Evans Hughes, And Earl Warren? The Question For The Long Term Future

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Chief Justice John Roberts made history in a way that he had to realize would happen, when he broke with the conservative wing of the Court, shocking conservatives and cheering liberals and progressives on the Affordable Care Act, known to its critics as “ObamaCare”.

The question is whether this is a one time aberration, or a beginning of a reconsideration of the philosophy that will govern the future decisions of Chief Justice Roberts.

Has Roberts had an “epiphany”, or did he do this for his own reputation and that of the Court as an institution?

Is Roberts ready to continue to antagonize Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito, two of whom will be likely staying on the Supreme Court for a long period of years, maybe as long as he will?

Does Roberts have a sense of history, and wants to be leagued with other great Chief Justices?

Certainly, seeing the harsh, bitter reaction of many conservative talk show hosts, Republicans and others of the right wing in our politics, might give Roberts pause, and possibly make him reluctant to go against the tide again.

A sign that he will not give in to the attacks would be to push another Citizens United case to be considered by the Court, and this time, to take the proper side for the people of America against the corporations and their power, but who can say that will happen?

In any case, Roberts at least has the potential, if he has the courage and principles to do so, to go down in history as in the tradition of Chief Justices John Marshall (1801-1835), Charles Evans Hughes (1930-1941), and Earl Warren (1953-1969)!

He also has the potential to go down as an “also ran’! It is all up to him, and him alone!

The Persecution Of Chief Justice John Roberts Begins: Threats Of 2nd Amendment “Remedies”!

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Chief Justice John Roberts was a true “profile in courage” this morning in siding with the four Democratic appointees on the Supreme Court, and upholding the Obama Health Care law.

Roberts, despite his other shortcomings in the minds of progressives, including reaffirming the Citizens United case in another case involving Montana this week, has shown open mindedness on the immigration issue, and now on the health care issue.

He is concerned about the image of the Supreme Court, trying to avoid making it an overly partisan body, as it was in the Bush V. Gore case of 2000, which seriously damaged the image of the Supreme Court.

Roberts has a sense of history, and two Harvard Law School professors, Laurence Tribe and Walter Dellinger, correctly came to the conclusion that he would do what he did today.

Roberts, appointed by George W. Bush in 2005, has shown growth and great insight, and if he continued along the road he showed this week on immigration and health care, he could rank among the great Chief Justices by the time he retires in the next 20 years or so, considering he was appointed to the Court at age 50.

It would be great if long term, we could say Roberts ranks with John Jay, John Marshall, Charles Evans Hughes, and Earl Warren. He has begun the first steps along that road!

But he will have to bear severe criticism and bitter attacks from Republicans in Congress, and hateful right wing talk show hosts. He should be proud of defying them, and doing the right thing, and being insulated on the Court, he can suffer the attacks without having to comment on them.

But it is sad and scary that some right wing nuts talk about a Second Amendment “remedy”, implying bloodshed and violence against, maybe, President Obama, or Chief Justice Roberts, or really anyone who believes that all Americans are entitled to good health care!

The government needs to step up infiltration of right wing groups who are actively plotting to bring about a Fascist takeover, and are ready and willing, through militia groups, to plot the death of our leaders for having principles and morals and strong beliefs!

Right now, we can pray for the safety and good health of President Obama, Chief Justice John Roberts, and all good people who believe in humanity, social justice, and common decency!

Showdowns Between Presidents And The Supreme Court: Jefferson, Jackson, Lincoln, Franklin D. Roosevelt, Nixon, And Obama

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President Barack Obama today challenged the Supreme Court to support the Obama Health Care legislation, which was argued last week before the Court in an unprecedented three day, six hour presentation by the two sides in the case.

Obama made clear that two conservative Circuit Court judges, Laurence Silberman and Jeffrey Sutton, have backed the legislation as constitutional.

Just by simply answering a question from a journalist, what Obama has done is thrown down the gauntlet to the Court, as he did when he criticized them face to face at the State of the Union Address in 2010, shortly after the decision in the Citizens United case, the most unpopular decision of the Court since Bush V. Gore in 2000.

As the author listened to Obama’s challenge to the Court, it brought back the history of Presidential challenges to the Supreme Court in the past.

Thomas Jefferson and Andrew Jackson challenged the Court’s authority, causing antagonism between both Presidents and Chief Justice John Marshall.

Abraham Lincoln was critical of the Dred Scott Decision before his Presidency, and was in conflict with Chief Justice Roger Taney during the Civil War, until Taney’s death in 1864.

Franklin D. Roosevelt denounced the Supreme Court over challenges to the New Deal programs, and tried to “pack” the Court, and Chief Justice Charles Evans Hughes defended the Court from the attacks of the President.

Richard Nixon denounced the Court as too liberal and permissive under Chief Justice Earl Warren, when Nixon ran for President, with Warren swearing him in as President, and then retiring later in 1969. Nixon then had the opportunity to make four Supreme Court appointments and turn the Court more conservative.

And now, Barack Obama has challenged the Court for the second time, with Chief Justice John Roberts expressing discontent, after the fact, to the first criticism of the Court, expressed during the State of the Union Address.

Wondering what the ultimate relationship between Obama, and the Chief Justice and the entire Court in the future, will be, is one of the key events of this election year!

Certainly, Obama is in good company, distinguished company, with the other Presidents who have challenged the Supreme Court!