American Political Thought
Federalist 9 - Alexander Hamilton
"A firm Union will be of the utmost moment to the peace and liberty of the States as a barrier against domestic faction and insurrection." "America will be the broad and solid foundation of other edifices not less magnificent, which will be equally permanent monuments of their errors." "The utility of a confederacy, as well to suppress faction and to guard the internal tranquility of States, as to increase their external force and security, is in reality not a new idea."
Federalist 10 - James Madison
"Among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction." "There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other by controlling its effects." "The inference to which we are brought is that the causes of faction cannot be removed and that relief is only to be sought in the means of controlling its effects."
Thomas Jefferson, Letter to John Adams (1813)
"For I agree with you that there is a natural aristocracy among men. The grounds of this are virtue and talents."
Federalist 51 - Madison
"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place, oblige it to control itself." Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. "It is of great importance in a republic, not only to guard the society against the oppression of its rulers; but to guard one part of the society against the injustice of the other part." "In a single republic, all the power surrendered by the people, is submitted to the administration of a single government; and usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people, is first divided between two distinct governments, and then the portion allotted to each, subdivided among distinct and separate departments. Hence a double security arises on the rights of the people. The different governments will control each other; at the same time that each will be controlled by itself. "In a free government the security for civil rights must be the same as that for religious rights.
Rand Paul, A Conservative Realism Foreign Policy (2014)
"Middle Eastern dictators represent the antithesis of liberal democracy" "The principles of national security strategy are strength and action." "America must have confidence in our constitutional republic, our leadership, our values." "The world doesn't have an Islam problem, it has a dignity problem with people being treated by a chattel of their government." Supported going into Afghanistan after 9/11. "Only Congress can send our soldiers into war." "To maintain peace and security, we must require a commitment to diplomacy and leadership."
Garcia. Vs. San Antonio Metropolitan Transit Authority (1985)
"Since then, federal and state courts have struggled with the task, thus imposed, of identifying a traditional function for purposes of state immunity under the Commerce Clause." The main issue was about which functions are considered "traditional," essentially under federal control. Today's opinion does not explain how the state role in the electoral process guarantees that particular exercises of the Commerce Clause power will not infringe on residual state sovereignty. Members of Congress are elected from the various states, but once in office they are members of the federal. More troubling than the logical infirmities in the Court's reasoning is the result of its holding, i.e., that federal political officials, invoking the Commerce Clause, are the sole judges of the limits of their own power.
Centinel, Letter I (Philadelphia)
"That the people have a right of freedom of speech, and of writing and publishing their sentiments, therefore the freedom of the press ought not to be restrained." "A republican, or free government, can only exist where the body of the people are virtuous, and where property is pretty equally divided; in such a government the people are the sovereign and their sense or opinion is the criterion of every public measure; for when this ceases to be the case, the nature of the government is changed, and an aristocracy, monarchy or despotism will rise on its ruin."
Federalist 48 - James Madison
"The danger from legislative usurpations, which, by assembling all power in the same hands, must lead to the same tyranny as is threatened by executive usurpations." "The legislative department is everywhere extending the sphere of its activity and drawing all power into its impetuous vortex."
Thomas Jefferson's Notes on the State of Virginia (1784)
"The mobs of great cities add just so much to the support of pure government, as sores do to the strength of the human body." "It is the mark set on those, who not looking up to heaven, to their own soil and industry, as does the husbandman, for their subsistence, depend for it on causalities and caprice of customers"
Publius' Federalist 39 - Madison
"The most productive system of finance will always be the least burdensome. "If we resort for a criterion to the different principles on which different forms of government are established, we may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure for a limited period, or during good behavior." "Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution." "It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. The act, therefore establishing the Constitution, will not be a NATIONAL, but a FEDERAL act." "In this relation, then, the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several states, a residuary and inviolable sovereignty over all other objects." "The first question that offers itself is, whether the general form and aspect of the government be strictly republican? It is evident that no other form would be reconcileable with the genius of the people of America; with the fundamental principles of the revolution; or with that honourable determination which animates every votary of freedom, to rest all our political experiments on the capacity of mankind for self-government."
Federalist 49 - James Madison
"The passions, therefore, not the reason, of the public would sit in judgment. But it is the reason, alone, of the public, that ought to control and regulate the government. The passions ought to be controlled and regulated by the government." "As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory to recur to the same original authority."
James Madison, On Property (1792)-
"The term in its particular application means 'that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual." "Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses" "If there be a government then which prides itself in maintaining the inviolability of property; which provides that none shall be taken directly even for public use without indemnification to the owner, and yet directly violates the property which individuals have in their opinions, their religion, their persons, and their faculties; nay more, which indirectly violates their property, in their actual possessions, in the labor that acquires their daily subsistence, and in the hallowed remnant of time which ought to relieve their fatigues and soothe their cares, the influence [inference?] will have been anticipated, that such a government is not a pattern for the United States."
Barack Obama, Report to the House of Representatives Regarding United States Activities in Libya (2011)
"U.S. Military operations are distinct from the kinds of hostilities contemplated by the Resolution's 60-day termination provision..."
George Washington's Farewell Address (1796)
"overgrown military establishments, which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to Republican Liberty." "The Nation, which indulges towards another an habitual hatred, or an habitual fondness, is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest." "The peace often, sometimes perhaps the liberty, of Nations has been the victim." "The basis of our political systems is the right of the people to make and to alter their Constitutions of Government."
McCulloch vs. Maryland
-"The constitution of our country, in its most interesting and vital parts, is to be considered; the conflicting powers of the government of the Union and of its members, as marked in that constitution, are to be discussed." pg 49 -"Has Congress power to incorporate a bank?" pg 49 -"Constitution, when thus adopted, was of complete obligation" pg. 50 -"The government of the Union, though limited in its powers, is supreme within its sphere of action." Pg. 51 -"Although, among the enumerated powers of government, we do not find the word 'bank' or 'incorporation,' we find the great powers lay to collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies." pg 52 -"The power being given, it is the interest of the nation to facilitate its execution." pg. 49 -"From these conventions the Constitution derives its whole authority. The government proceeds directly from the people..." pg 50 -"'In order to form a more perfect union,' it was deemed necessary to change this alliance into an effective government... and acting directing on the people... and deriving its powers directly from them." pg. 50 -"We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended." pg. 53 "It is a constitution we are expounding..."
Barack Obama, Morehouse Commencement Address (2013)
A call to action for the graduates of Morehouse college to use the opportunity they've been given to positively impact the lives of those around them. Obama emphasizes the importance of using their skills, circumstances, and empathy to work towards progress for all Americans. "'It will not be sufficient for Morehouse College, for any college, for that matter, to produce clever graduates--but rather honest men, men who can be trusted in public and private life--men who are sensitive to the wrongs, the sufferings, and the injustices of society and who are willing to accept responsibility for correcting (those) ills" (255)
District of Columbia v. Heller (2008)
A security officer, was denied permission to keep a handgun in his home in D.C. In this case the Court addresses the history of the Second Amendment along with a lengthy syntactical analysis of the Amendment. The Court found that the Second Amendment protects an individual's right to possess a firearm for self-defense in the home. The two dissents strongly disagree on the nature of the right protected by the Second Amendment. "We are aware of the problem of handgun violence in this country, and we take seriously the concerns of raised by the many amici who believe that the prohibition of handgun ownership is the solution. The Constitution leaves D.C. a variety tools for combating that problem, including some measures regulating handguns."
Federalist 47- Publius (James Madison)
Accumulation of all powers, legislative, executive, and judiciary in the same hands ... may justly be pronounced the very definition of tyranny." Discusses the various state constitutions
Jane Addams, Why Women Should Vote (1910)
Addams, a remarkable social reformer and winner of the 1931 Nobel Peace Prize, helped found the National Progressive Party and the Woman's Peace Party. Here she argues that the good of the household requires active participation by women in politics. "This paper is an attempt to show that many women today are failing to discharge their duties to their own household properly simply because they do not perceive that as society grows more complicated it's necessary for women to go beyond the home." "Women are responsible for household, education of children"
Franklin D. Roosevelt, Four Freedoms Speech (1941)
After WWI the U.S. sank into a mood of isolationism in foreign policy captured by the slogan "America first!" Beginning in 1937, Roosevelt tried to alert the nation to the futility and irresponsibility of such isolationism. In 1941, he gave this State of the Union address and appealed to American idealism by citing "four essential human freedoms" to which all people are entitled as a way of encouraging Americans to supporting nations at war. His immediate goal was support for his lend-lease program of military aid for G.B. and the Soviet Union. 1) Freedom of speech and expression, everywhere in the world 2) Freedom of religion, everywhere in the world 3) Freedom from want, which meant economic understanding and the security of peacetime for nations and their inhabitants, everywhere in the world 4) Freedom from fear, which meant worldwide reduction of armaments to the point where no nation could physically aggress another, anywhere in the world.
Lyndon B. Johnson, Address on Voting Rights (1965)
After the Civil War, the constitution was modified to include the Thirteenth, Fourteenth, and Fifteenth Amendments. In the 1960s, many blacks were still being marginalized while voting, especially in former Confederate states. On March 7th, 1965, peaceful protesters were met with police resistance while fighting for the elimination of barriers that prohibited blacks from voting in Selma Alabama, which led president Lyndon Johnson to command his Attorney General to draft the "********edest toughest" voting-rights bill possible. - There is no Negro problem. There is no southern problem. There is no northern problem. There is only an American problem. And we are met here tonight as Americans—not as Democrats or Republicans—we are met here as Americans to solve that problem. - We have all sworn an oath before God to support and to defend that Constitution. We must now act in obedience to that oath. - The real hero of this struggle is the American Negro. His actions and protests, his courage to risk safety and even to risk his life, have awakened the conscience of this nation. - There is no issue of States rights or National rights. There is only the struggle for human rights.
Regents of the University of California v. Bakke (1978)
Allan Bakke was a 35-year-old white man who had applied for admission to the university of California Medical school at Davis. He was rejected both times. Out of the class of 100 students, the school reserved sixteen places for minorities. Bakke's qualifications for the medical school, including his college GPA and test scores, exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke sued the University of California arguing that the medical school's admission policy violated parts of the Civil Rights Act of 1964 and the Fourteenth Amendment's Equal Protection Clause. In Justice Powell's opinion for the court, he rejected three of the school's arguments 1) The interest in reducing the historic deficit of traditionally disfavored minorities in medical schools and in the medical profession as an unlawful interest in racial balancing. 2) The interest in remedying societal discrimination because such measure would risk placing unnecessary burdens on innocent third parties "who bear no responsibility for whatever hard the beneficiaries of the special admission program are thought to have suffered." 3) The interest to increase the number of physicians who will practice in communities currently underserved "In short, an admissions program operated in this way is flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant, and to place them on the same footing for consideration, although not necessarily according them the same weight"
Susan B. Anthony, Is it a crime for a Citizen of the United States to Vote? (1873)
Anthony was arrested for voting in the 1872 presidential election. In response she conducted a speaking tour throughout fifty towns and villages in western New York. Although Anthony was found guilty voting illegally, her campaign to promote women's suffrage eventually led to the passage of the 19th amendment. "Government is based on the idea of the natural right of every individual member thereof to a voice and a vote in making and executing laws." "How can "the consent of the governed" be given, if the right to vote be denied" "Are women persons? And I hardly believe any of our opponents will have the hardihood to say they are not." "The citizen's right to vote shall not be denied or abridged." "And it is on this line that we propose to fight our battle for the ballot."
Brutus, Essay XI (1788)
Brutus, the pseudonym of an Anti-Federalist author, argues for a vote against the ratification of the Constitution because it implies judicial review. "[The members of the court]... will not confine themselves to any fixed or established rules, but will determine, according to what appears to them, the reason and spirit of the constitution. The opinions of the supreme court, whatever they may be, will have the force of law; because there is no power in the constitution, that can correct their errors, or control their adjudications. From this court there is no appeal."
Barack Obama, Second Inaugural Address (2013)
Calls the nation towards collective action to ensure that all citizens (and immigrants) are treated equally "under the law." "The patriots of 1776 did not fight to replace the tyranny of the king with the privileges of a few or the rule of a mob. They gave to us a republic, a government of, and by, and for the people entrusting each generation to keep safe our founding creed." "For we, the people, understand that our country cannot succeed when a shrinking few do very well and a growing many barely make it. "That is our generation's task- to make these words, these rights, these values of life and liberty and the pursuit of happiness real for every American."
Ricci v. DeStefano (2009)
Candidates for promotion (17 White and 1 Hispanic) in the New Haven fire department sued city officials when the New Haven Civil Service Board failed to certify two exams needed for the plaintiffs' promotion to Lieutenant and Captain. The exams were not certified because the results of the test would have promoted a disproportionate number of white candidates in comparison to minority candidates. The plaintiffs argued that their rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, and the 14th Amendment Equal Protection Clause were violated. "The City chose not to certify the examination results because of the statistical disparity based on race." Scalia: "merely postpones the evil day on which the Court will have to confront the question: Whether of to what extent, are the disparate-impact provisions of Title VII of the Civil Rights Act consistent with the Constitution's guarantee of equal protection?" Ginsburg: The history of racial discrimination in Firefighting is significant...and an "important part of the story" Argues that the City of New Haven "did not closely consider what sort of practical examination would fairly measure the relative fitness and capacity of the applicants..."
Romer vs. Evans (1996)
Colorado voters adopted Amendment 2 to their State Constitution precluding any judicial, legislative, or executive action designed to protect persons from discrimination based on their "homosexual, lesbian, or bisexual orientation, conduct, practices or relationships." Following a legal challenge by homosexual and other aggrieved parties, the state trial court entered a permanent injunction enjoining Amendment 2's enforcement. The Colorado Supreme Court affirmed on appeal.
Federalist 73- Hamilton
Covers the powers vested in the President, particularly the power to veto legislature. "The injury which may possibly be done by defeating a few good laws, will be amply compensated by the advantage of preventing a number of bad ones." "It [the veto power] not only serves as a shield . . . against the enaction of improper laws. It establishes a salutary check upon the legislative body, calculated to guard the community against the effects of faction, precipitancy, or of any impulse unfriendly to the public good, which may happen to influence a majority of that body.
Federalist 70- Hamilton
Defends the necessity of the Executive branch, and the means to implement a successful Executive in a Republican government. "The ingredients which constitute energy in the Executive are, first, unity; secondly, duration; thirdly, an adequate provision for its support; fourthly, competent powers . . . . The ingredients which constitute safety in the republican sense are, first, a due dependence on the people, secondly, a due responsibility." "A feeble executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever may be its theory, must be, in practice, a bad government." "Energy in the executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy."
Dwight D. Eisenhower, Farewell Address (1961)
Delivered a televised farewell address, three days before the end of his second term. Often compared with George Washington's in 1976. He urges that statesman direct technological and international development according to the American principle. "The U.S. can no longer risk emergency improvisation of national defense," and because of that the country was "...compelled to create a permanent armaments industry of proportions." "We must never let the weight of this combination endanger our liberties or democratic processes. We should take nothing for granted. Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and foals, so that security and liberty may prosper together."
Federalist 57 - Madison
Discusses the necessity for a smaller House of Representatives. "The aim of every political Constitution is or ought to be first to obtain for rulers, men who possess most wisdom to discern, and most virtue to pursue, the common good of society; and in the next place, to take the most effectual precautions for keeping them virtuous, whist they continue to hold their public trust" "If it be asked what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society? I answer, the genius of the whole system, the nature of just and constitutional laws, and above all the vigilant and manly spirit which actuates the people of America--a spirit which nourishes freedom, and in return is nourished by it. "Such will be the relation between the House of Representatives and their constituents. Duty gratitude, interest, ambition itself, are the cords by which they will be bound to fidelity and sympathy with the great mass of the people." "It is possible that these may all be insufficient to control the caprice and wickedness of man. But are they not all that government will admit, and all that human prudence can devise?" "The aim of every political Constitution is or ought to be first to obtain for rulers, men who possess most wisdom to discern, and most virtue to pursue the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous, whilst they continue to hold their public trust...The most effectual one is such a limitation of the term of appointments, as will maintain a proper responsibility to the people."
Frederick Douglass, Oration in Memory of Abraham Lincoln
Douglass briefly argues that abolitionism is compatible with the Constitution, that slavery is a "scaffolding." "The doctrine of self-government is right- absolutely and eternally right- but it has no just application, as here attempted." " I have said that President Lincoln was a white man, and shared the prejudices common to his countrymen towards the colored race. Looking back to his times and to the condition of his country, we are compelled to admit that this unfriendly feeling on his part may be safely set down as one element of his wonderful success in organizing the loyal American people for the tremendous conflict before them, and bringing them safely through that conflict." "Abraham Lincoln was not, in the fullest sense of the word, either our man or our model. In his interests, in his associations, in his habits of thought, and in his prejudices, he was a white man."
Federalist 71- Hamilton
Executive Branch should be energetic, powerful branch of the government for several reasons. "It is a just observation that the people commonly intend the Public Good. This often applies to their very errors. But their good sense would despise the adulator who should pretend they always reason right about the means of promoting it." "It is one thing to be subordinate to the laws, and another [for the Executive] to be dependent on the legislative body. The first comports with, the last violates, the fundamental principles of good government; and, whatever may be the forms of the Constitution, unites all power in the same hands." "The representatives of the people, in a popular assembly, seem sometimes to fancy that they are the people themselves, and betray strong symptoms of impatience and disgust at the least sign of opposition from any other quarter; as if the exercise of its rights, by either the executive or judiciary, were a breach of their privilege and an outrage to their dignity."
Franklin. D. Roosevelt, Commonwealth Club Campaign Speech (1932)
FDR's most profound statement of his view of the history and future of America. He "calls for a reappraisal of values," because "The day of enlightened administration has come." He aimed to secure a place for progressive principles in American political discourse by interpreting them as an expansion of the natural rights tradition. Upon winning office Roosevelt saw his election as the people's approval of the new social contract. In exchange he promised swift and, if necessary, unprecedented executive action to stabilize the economy, relieve Americans of grinding poverty and unemployment, and preserve the essence of democracy in the United States. "I want to speak not of politics, but of government. I want to speak not of parties but of universal principles." "Is the soberer, less dramatic business of administering resources and plants already in hand, of seeking to reestablish foreign markets for our surplus production, of meeting the problem of under consumption, of adjusting production to consumption, of distributing wealth and products more equitably, of adapting existing economic organizations to the service of the people. The day of enlightened administration has come." "A glance at the situation today only too clearly indicates that equality of opportunity as we have known it no longer exists." "We are steering a steady course toward economic oligarchy, if we are not there already." "Every man has a right to life; and this means that he has also a right to make a comfortable living."
Marco Rubio, Council on Foreign Relations Speech (2015)
Foreign policy consists of three pillars: American strength, protection of the American economy in a globalized world, and moral clarity regarding America's core values. "America will remain safe and strong. And because we will, the 21st century will be another American Century."
Obergefell vs. Hodges (2015)
Groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions that provided for such marriages. The plaintiffs in each case argued that the states' statutes violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment, and one group of plaintiffs also brought claims under the Civil Rights Act. In all the cases, the trial court found in favor of the plaintiffs. The U.S. Court of Appeals for the Sixth Circuit reversed and held that the states' bans on same-sex marriage and refusal to recognize marriages performed in other states did not violate the couples' Fourteenth Amendment rights to equal protection and due process.
Barack Obama, West Point Commencement Address (2014)
He argues what the appropriate direction of American foreign policy should be. "Just because we have the best hammer does not mean that every problem is a nail." Advance notices of this speech had used words like "reset" and "vision statement" to describe the president's broader message on foreign policy. But aside from a commitment to spend $5 billion to train anti-terror forces in emerging countries, there was little new in the speech. Rather, the president reiterated the thinking behind a variety of White House responses to foreign challenges, from Syria to Iran to Ukraine While he condemned "isolationism" and said, "America must always lead on the world stage," Obama seemed more intent on the hazards of intervention. Even given the recent goading from foreign antagonists, the president said: "U.S. military action cannot be the only, or even primary, component of our leadership in every instance." Proclaims the U.S. to be "one indispensable nation" "We must broaden our tools to include diplomacy and development; sanctions and isolation; appeals to international law and -if just, necessary and effective - multilateral military action."
Harry S. Truman, Special Message to Congress on Greece and Turkey: the Truman Doctrine
He asked Congress for $400 million in military and economic aid for Greece and Turkey to contain the expansion of communism. Congress approved the aid by a large majority after a bitter debate. At the heart of the controversy was his belief that the U.S. should support the struggle of "free peoples" throughout the world. "-To ensure the peaceful development of nations, free from coercion, the U.S. has taken a leading part in establishing the U.N." "Will of the minority forcibly imposed on the majority." "Must assist free peoples to work out their destinies in the own way." "We must keep that hope alive" "The free peoples of the world look to us for support in maintaining their freedoms."
Abraham Lincoln, Message to Congress in Special Session (1861)
He defends his choice to violate "one law" in his effort to execute the rest of them and keep the country unified. "So viewing the issue, no choice was left but to call out the war power of the Government; and so to resist force, employed for its destruction, by force, for its preservation." "The call was made; and the response of the country was most gratifying; surpassing, in unanimity and spirit, the most sanguine expectation. Yet none of the States commonly called Slavestates, except Delaware, gave a Regiment through regular State organization." "The forbearance of this government had been so extraordinary, and so long continued, as to lead some foreign nations to shape their action as if they supposed the early destruction of our national Union was probable." "I am most happy to believe that the plain people understand, and appreciate this. It is worthy of note, that while in this, the government's hour of trial, large numbers of those in the Army and Navy, who have been favored with the offices, have resigned, and proved false to the hand which had pampered them, not one common soldier, or common sailor is is known to have deserted his flag." "As a private citizen, the Executive could not have consented that these institutions shall perish; much less could he, in betrayal of so vast, and so sacred a trust, as these free people had confided to him. He felt that he had no moral right to shrink; nor even to count the chances of his own life, in what might follow. In full view of his great responsibility, he has, so far, done what he has deemed his duty. You will now, according to your own judgment, perform yours."
George W. Bush, Remarks on Stem Cell Research (2001)
He gave this speech early in his presidency. He must decide if the federal government should fund research on embryonic stem cells. The speaker resolutely believes that "human life is a sacred gift from our creator" and is therefore apprehensive about the moral dilemmas by such research. "The United States has a long and proud record of leading the world toward advances in science and medicine that improve human life. And the United States has a long and proud record of upholding the highest standards of ethics as we expand the limits of science and knowledge." "My position on these issues is shaped by deeply held beliefs. I'm a strong supporter of science and technology, and believe they have the potential for incredible good- to improve lives, to save life, to conquer disease... I worry about a culture that devalues life, and I believe as your President, I have an important obligation to foster and encourage respect for life in America and throughout the world."
Sections of the U.S. Constitution Concerning Slavery Thomas Jefferson, Draft of the Declaration of Independence (1776)
Here, Jefferson blames the King of England for initiating the slave trade, which he accepts as an "assemblage of horrors." This passage would be replaced simply with an oblique reference to "domestic Insurrections." "He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere or to incur miserable death in their transportation thither."
FDR to Congress
Implores congress to stabilize farm and other cost-of-living prices in order to "avert a disaster which would interfere with winning the war." "I cannot tell what powers may have to be exercised in order to win this war." "When the war is won, the powers under which I act automatically revert to the people- to whom they belong."
United States v. Darby (1941)
In 1938, Congress passed the Fair Labor Standards Act to regulate many aspects of employment including minimum wages, maximum weekly hours, and child labor. Corporations which engaged in interstate commerce or produced goods which were sold in other states were punished for violating the statute. "Injurious to the commerce and to the states from and to which the commerce flows."
Alexander Hamilton, Pacificus, Letter No. 1 (1793)
In 1973 Washington decided to adopt a policy of strict neutrality towards the British and the French, who were at war. He issued a proclamation of neutrality that angered pro-French Thomas Jefferson. Jefferson persuaded Madison to respond to Hamilton's constitutional interpretation of the president's powers. "Management of foreign affairs is with the government. And must belong with the Executive" "Executive power is vested in the president. Participation of the senate in the appointment of officers and the making of Treaties. The right of legislature to declare war" Legislative and Judicial branches do not have the power to make declarations of foreign conduct: They are "Improper organs of intercourse between the U.S. and foreign nations." Executive's duty is to maintain peace
Rostker v. Goldberg (1981)
In 1980, Robert Goldberg challenged the U.S. draft registration policy by bringing suit against Bernard Rostker, the director of the Selective Service System. When Goldberg won in federal court, Rostker appealed to the Supreme Court. Several men (Goldberg) brought Rostker a lawsuit about the act's constitutionality.
Grutter v. Bollinger (2003)
In 1996, Barbara Grutter, a white resident of Michigan with a 3.8 GPA and 161 LSAT score, applied for admission to the University of Michigan Law School and was denied. The Law School acknowledged that it uses race as a factor in making admissions decisions because it serves a compelling interest in achieving diversity among its student body. In a 5-4 opinion, the Court held that the Equal Protection Clause does not prohibit the Law School's use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body. The Court reasoned that, because the Law School conducts a highly individualized review of each applicant, no acceptance or rejection is based automatically on a variable such as race and that this process ensures that all factors that may contribute to diversity are meaningfully considered alongside race. "Today we endorse Justice Powell's view that student body diversity is a compelling state interest that can justify the use of race in university admissions" "As part of its goal of "assembling a class that is both exceptionally academically qualified and broadly diverse," the Law School seeks to "enroll a 'critical mass' of minority students"
Barack Obama, A More Perfect Union (2008)
In Barack Obama's speech, he responds to Reverend Jeremiah Wright's "inflammatory racial comments." (Wright was known for being outspoken about his opinions regarding America's racist policies abroad and at home.) Obama "unequivocal[ly]" condemns the statements of Reverend Wright, claiming that they "expressed a profoundly distorted view" of America. However, he goes on to describe Wright with admiration and contextualizes his comments by outlining a history of America's race relations. The speech was viewed widely by the American public and is considered to have had a significant effect on the presidential campaign. It also foreshadowed Obama's tone throughout his campaign and presidency. ...we've heard my former pastor... use incendiary language to express views that have the potential not only to widen the racial divide, but views that denigrate both the greatness and the goodness of our nation; that rightly offend white and black alike. "I have already condemned, in unequivocal terms, the statements of Reverend Wright that have caused such controversy. For some, nagging questions remain. Did I know him to be an occasionally fierce critic of American domestic and foreign policy? Of course. Did I ever hear him make remarks that could be considered controversial while I sat in church? Yes. Did I strongly disagree with many of his political views? Absolutely—just as I'm sure many of you have heard remarks from your pastors, priests, or rabbis with which you strongly disagreed." "But the remarks that have caused this recent firestorm weren't simply controversial. They weren't simply a religious leader's effort to speak out against perceived injustice. Instead, they expressed a profoundly distorted view of this country—a view that sees white racism as endemic, and that elevates what is wrong with America above all that we know is right with America..."
George W. Bush, Second Inaugural Address (2005)
In the context of the ongoing wars in Iraq and Afghanistan. He argues that it's the responsibility of the U.S. to promote the American ideal of democratic freedom and work toward the end of tyranny throughout the world. "We are led to one conclusion: The survival of liberty in our land increasingly depends on the success of liberty in other lands. The best hope for peace in our world is the expansion of freedom in all the world." "America's best chance for expanding freedoms at home is to expand freedom throughout the world." "America has not achieved perfect freedom itself and has room to grow." Admits to the work of the foreign government-building as being "idealistic work"
FDR, Address to the Young Democratic Clubs of America (1935)
In this new address, Roosevelt presents the psychological foundation of his New Deal. Through it the American regime was transformed. The pursuit of happiness and the protection of equality of opportunity become the promise of at least a degree of happiness guaranteed by the institutions of the welfare state. "There was a time when the formula for success was the simple admonition to have a stout heart and willing hands. A great, new country lay open. When life became hard in one place it was necessary only to move on to another. But circumstances have changed all that. Today we can no longer escape into virgin territory: we must master our environment." "It is my firm belief that the newer generation of America has a different dream. You place emphasis on sufficiency of life, rather than on a plethora of riches. You think of the security for yourself and your family that will give you good health, good food, good education, good working conditions, and the opportunity for normal recreation. Your advancement, your hope, is along a broad highway on which thousands of your fellow men and women are advancing with you."
Thomas Jefferson, Notes on the State of Virginia (1784)
Jefferson expresses a view of slavery as an evil passed down from generation to generation. "And can the liberties of a nation be thought secure when we have removed their only fair basis, a conviction in the minds of the people that these liberties are of the gift of God?"
Thomas Jefferson, Letter to Nehemiah Dodge and Others: A Committee of the Danbury Baptist Association, in Connecticut (1802)
Jefferson here, in a private letter, uses a similar "wall of separation" metaphor to suggest to the Baptists that the first amendment embodies their political ideology "Wall of Seperation between the garden of the Church and the wilderness of the world." "The legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise whereof,' thus makinga wall of separation between the Church and State."
John Adams, Letter to Abigail Adams (1776)
John's reply to Abigail can be taken as evidence of his indifference to the rights of women. "As to your extraordinary Code of Laws, I cannot but laugh." "We know better than to repeal our Masculine systems."
Lyndon B. Johnson, Commencement Address at the University of Michigan
Johnson's Great Society program of welfare reform and expansion sought to show that Americans, despite their affluence, were devoted to more than "soulless wealth." The Great Society program of Welfare reform, which was an expansion set forth to combat poverty at all costs. This led to Voting Rights Act, Medicaid, federal aid for education, environmental protection laws, food stamps, and public media. "Men come together in cities in order to live, but they remain together in order to live the good life." "We have the power to shape the civilization that we want. But we need your will, your labor, your hearts, if we are to build that type of society."
William J. Brennan Jr., Speech to the Text and Teaching Symposium, Georgetown University (1985)
Justice Brennan is a critic of those who insist on interpreting the Constitution as it was understood by those who drafted it. He denies that "original intent" is possible and insists that the Constitution be adapted to modern times and values. "All that can be gleaned is that the Framers themselves did not agree about the application or meaning of particular constitutional provisions, and hid their differences in cloaks of generality." "Interpretation must account for the transformation nature of the Constitution."
Plessy v. Ferguson (1896)
Justice Brown makes the claim that if the plaintiff feels that enforced separation of races implies inequality, it is simply because "the colored race chooses to put that construction upon it." Justice Harlan, in his dissent, claims that this is akin to allowing the state to "regulate the enjoyment by citizens of their civil rights solely upon the basis of race." Opinion: "We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it... The argument also assumes that social prejudice may be overcome by legislation, and that equal rights cannot be secured except by an enforced commingling of the two races... If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane." Dissent: "I am of the opinion that the statute of Louisiana is inconsistent with the personal liberties of citizens, white and black, in that State, and hostile to both the spirit and the letter of the Constitution of the United States. If laws of like character should be enacted in the several States of the Union, the effect would be in the highest degree mischievous. Slavery as an institution tolerated by law would, it is true, have disappeared from our country, but there would remain a power in the States, by sinister legislation, to interfere with the blessings of freedom; to regulate civil rights common to all citizens, upon the basis of race; and to place in a condition of legal inferiority a large body of American citizens, now constituting a part of the political community, called the people of the United States, for whom an by whom, through representatives, our government is administrated. Such a system is inconsistent with the guarantee given by the Consititution to each State of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land, anything in the Constitution or laws of any State to the contrary notwithstanding."
Abraham Lincoln, Speech on the Repeal of the Missouri Compromise (1854)
Lincoln claims here to hate slavery because of its "monstrous injustice," yet when he addresses the question of freeing all slaves and making them political and social equals, he says that his: "own feelings will not admit of this; and if [his] would, we well know that those of the great mass of white people will not." He argues that the founders were uncomfortable with slavery, that they hid it in the Constitution: "just as an afflicted man hides away a wen or a cancer, which he dares not cut out at once, lest he bleed to death; with the promise, nevertheless, that the cutting may begin at the end of a given time."
Abraham Lincoln, Final Text of the Address Delivered at the Dedication of the Cemetery at Gettysburg (1863)
Lincoln does not mention slavery, but argues that the nation would "have a new birth of freedom." "Four Score and Seven years ago..."
Abraham Lincoln, First Inaugural Address (1861)
Lincoln thought the pro-slavery interpretation of the Constitution by the Supreme Court in Dred Scott was wrong. Here he shows how the other departments of government and the people out to view such errors. He denies that "constitutional questions" are simply answered by the court. "The people have ceased to be their own rulers"
U.S. v. Nixon (1974)
Nixon was charged by the federal grand jury with conspiracy to defraud the government and the obstruction of justice when he refuses to produce material from a subpoena.
Barack Obama, Address to the Nation on Immigration (2014)
Obama defends the constitutional authority of his executive orders, which defer the deportation of millions of immigrants. "My fellow Americans, tonight, I'd like to talk with you about immigration." "When I took office, I committed to fixing this broken immigration system."
Barack Obama, Memorandum on Presidential Signing Statements
Obama is introducing a new process, with principles, for signing statements. They may have been abused in the past by President's "as a way of doing an end-run around Congress." "For nearly two centuries, Presidents have issued statements addressing constitutional or other legal questions upon signing bills into law." "To promote transparency and accountability, I will ensure the signing statements identify my constitutional concerns about a statutory provision with sufficient specificity to make clear the nature and basis of the constitutional objection."
Barack Obama, Remarks on Stem Cell Executive Order and Scientific Integry Presidential Memorandum (2009)
Obama lifts the limited ban imposed by Bush on federal funding for the destruction of embryos for scientific research. The president claims that both the view of the majority of Americans and respect for the integrity of science support this change. Bush's approach was to compromise in view of conflicting moral opinions concerning the status of embryos. Obama holds that there's enough of a national consensus that those who disagree deserve our respect but not accommodation by policy or law. "By doing this, we will ensure that America's continued global leadership in scientific discoveries and technologic breakthroughs. That is essential not only for our economic prosperity, but for the progress of all humanity."
Barack Obama, Remarks on the 50th Anniversary on the Marches from Selma to Montgomery (2015)
Obama uses historical context to align traditional American values with progressivism and activism in a speech commemorating 'Bloody Sunday.' "Their faith was questioned. Their lives were threatened. Their patriotism challenged. And yet, what could be more American than what happened in this palace? What could more profoundly vindicate the idea of America than plain and humble people... coming together to shape their country's course."
Federalist 63- Publius
Outlines the necessity for the Senate to both unify the nation to prevent from foreign influence in the States, and to represent the people in the creation of stable and responsible policy. "Responsibility, in order to be reasonable, must be limited to objects within the power of the responsible party, and in order to be effectual, must relate to operations of that power, of which a ready and proper judgment can be formed by the constituents." "Popular liberty might then have escaped the indelible reproach of decreeing to the same citizens, the hemlock on one day, and statues on the next." "The people can never willfully betray their own interests: But they may possibly be betrayed by the representatives of the people; and the danger will be evidently greater where the whole legislative trust is lodged in the hands of one body of men, than where the concurrence of separate and dissimilar bodies is required in every public act." "As the cool and deliberate sense of the community ought in all governments, and actually will in all free governments ultimately prevail over the views of its rulers; so there are particular moments in public affairs, when the people stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn. In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens, in order to check the misguided career, and to suspend the blow mediated by the people against themselves, until reason, justice and truth, can regain their authority over the public mind?"
United States vs. Lopez
Overview of the Case: The Court considers the constitutionality of the Gun-Free School Zones Act of 1991, which made the possession of firearms within 1,000 feet of public or private schools a federal crime. Lopez's attorneys contended that his conviction was unconstitutional because Congress exceeded its power under the Commerce Clause when it passed the law. Previous case opinions expanded Congress power partly due to the changes business was carried on in this country: enterprises that had once been local or at most regional in nature had become national in scope. "The Constitution not only uses the word "commerce" in a narrower sense than our case law might suggest, it does not support the proposition that Congress has authority over all activities that "substantially affect" interstate commerce." "We must ask whether Congress could have had a rational basis for finding a significant (or substantial) connection between gun-related school violence and interstate commerce."
Federalist 23
Part of Publius's defense of an "energetic constitution" is a consideration of the "infinite" variety of "circumstances that endanger the safety of nations" "It's impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means which may be necessary to satisfy them" "There can be no limitation to that authority, which is to provide for the defence and protection of the community, in any matter essential to its efficacy; that is, in any matter essential to the formation, direction, or support of the national forces" Should the federal government be trusted to defend the members of the Union?
The Northwest Ordinance (1787)
Passed by Continental Congress in 1787 and the first U.S. Congress in 1789, organized the territory north of Ohio River, which was later divided into states. It is often cited by those who do not believe that the separation of church and state also means a complete separation between religion and state. "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."
Franklin D. Roosevelt, Court Packing Address (1937)
President Roosevelt, dismayed as the Supreme Court struck down many of the New Deal laws as unconstitutional, responded by proposing to enlarge the Court from nine to fifteen members. FDR claimed that younger blood was necessary to promote a "present-day sense of the Constitution." The Senate Judiciary Committee, dominated by Democrats, issued a report calling the court-packing plan "a needless, futile, and utterly dangerous abandonment of constitutional principle." "I hope that you have re-read the Constitution of the U.S. in these past few weeks. Like the Bible, it ought to be read again and again..." "Bring to the courts a present-day sense of the Constitution." "Save our national Constitution from hardening of the judicial arteries."
Lee vs. Weisman (1992)
Principles in Provide, RI invited members of the clergy from around the city to give invocation and benediction prayers as part of their school's graduation ceremonies. A principle invited a rabbi to offer a prayer at a particular grad ceremony. This rabbi was given a pamphlet describing official guidelines for the prayer's nonsectarian composition. The practice was challenged as an establishment of religion by government, a violation of the First Amendment. Kennedy opinion: "The Constitution guarantees that government may not coerce anyone to support or practice in religion or its exercise, or otherwise act in a way which 'establishes a [state] religion or religious faith, or tends to do so.' The state's involvement in the school prayer challenges today violates these central principles. Scalia Dissent: "Making prayer at graduation unconstitutional is "a shame to deprive our public culture of the opportunity."
Federalist 78- Publius
Publius answers the charge made by Brutus and other Anti-Federalists that the judiciary will be too powerful. He defends the power of judicial review. - Manner of constituting judicial review follows 3 key elements: 1- Mode of appointing judges 2- The tenure by which they are to hold their places. 3- The partition of the judiciary authority between different courts and their relations to each other. "The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither Force nor Will, but merely judgement; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgement." "And it proves, in the last place, that liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments." "Though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter . . ." "The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
War Powers Resolution (1973)
Requires the President to consult with, notify, or otherwise seek approval from Congress for wartime or hostility measures and actions.
Lawrence vs. Texas (2003)
Responding to a reported weapons disturbance in a private residence, Houston police entered John Lawrence's apartment and saw him and another adult man, Tyron Garner, engaging in a private, consensual sexual act. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct. In affirming, the State Court of Appeals held that the statute was not unconstitutional under the Due Process Clause of the Fourteenth Amendment, with Bowers v. Hardwick, 478 U.S. 186 (1986), controlling.
Dred Scott vs. Sandford (1857)
Scott sued Sanford for freedom, arguing that having spent time in a free state, he was a free man. The court chose to take a narrow view of the case, not ruling on the morality of slavery, but on the question of the intentions of the architects of the Constitution: "It is not the province of the court to decide upon the justice or injustice, the policy or impolicy of these laws. The decision of that question belonged...to those who formed the sovereignty and framed the Constitution." Article I, Section 2: Representatives and taxes are apportioned by adding free people and three fifths or "all other persons" (slaves). Article I, Section 9: Importation of slaves may not be banned before 1808. Article IV, Section 2: Fugitives, including slaves, who escape to other states, are not exempt from slavery or other imprisonment.
George W. Bush, Statement on the Intelligence Authorization Act (2004)
Signing statements assert lawmaking authority and bush was trying to rewrite parts of law passed by Congress.
Alexander Stephens, Corner Stone Speech (1861)
Stephens, the vice president of the Confederacy, accepts Lincoln and Douglass's view that slavery was intended by the founders to be abolished in time, and so rejects the Constitution entirely. "Those ideas were fundamentally wrong. They rested upon the assumption of the equality of races."
Lyndon B. Johnson, State of the Union Address (1964)
The War on Poverty, the heart of Johnson's Great Society agenda for reform, aimed to eradicate-rather than merely alleviate-what Franklin Roosevelt called the "cruel suffering" of poverty. He and a heavily Democratic Congress crafted legislation that created Medicaid, Medicare, food stamps and other significant aspects of American politics today. "Our aim is not only to relieve the symptom of poverty, but to cure it and, above all, to prevent it. No single piece of legislation, is going to suffice." "Every American will benefit by the extension of social security to cover the hospital costs of their aged parents."
Woodrow Wilson, Constitutional Government in the U.S.
The author criticizes the constitution's Framers for their hostility to political change, especially when it is initiated by popular leadership. He explains that the president, functioning both as chief executive and as head of the dominant political party, can overcome the Constitution's institutional resistance to the democratic activity of leaders. -Relates the government to the idea of evolution. Darwin vs. Newton. Newton implies things are static. Darwin implies we must adapt our government to survive. "It falls not under the theory of the universe, but the theory of organic life. It is accountable to Darwin, not to Newton."
The Seneca Falls Declaration of Sentiments and Resolutions (1848)
The declaration was the product of a path breaking women's rights convention convened in Seneca Falls, New York. It means, of course to be an addition to, or correction of, the Declaration of Independence. "Declaration of Sentiments, document, outlining the rights that American women should be entitled to as citizens, that emerged from the Seneca Falls Convention in New York in July 1848." "The Declaration of Sentiments begins by asserting the equality of all men and women and reiterates that both genders are endowed with unalienable rights to life, liberty, and the pursuit of happiness." "It argues that women are oppressed by the government and the patriarchal society of which they are a part. The text then lists 16 facts illustrating the extent of this oppression, including the lack of women's suffrage, participation, and representation in the government; women's lack of property rights in marriage; inequality in divorce law; and inequality in education and employment opportunities. The document insists that women be viewed as full citizens of the United States and be granted all the same rights and privileges that were granted to men."
James Madison, Helvidius, Letter No. 1 (1793)
The nature and operation of the two powers to declare and make treaties they can never fall within a proper definition of Executive powers. Madison countered that Washington's proclamation would introduce "new principles and new constructions" into the Constitution. While the Pacificus-Helvidius debates did not resolve this ongoing constitutional controversy, they did define the grounds upon which this question was to be examined, to this very day. Comparable to the logic of why legislation can declare war: "It is not an execution of laws, but the proclamation of their intent and purpose in content." Addresses the particular powers vested in the president Attacks Pacificus reason as no more than British prerogative
Ronald Reagan, State of the Union Address (1982)
The speaker critiques the uncontrolled development of the Welfare state, which he argued was kicked off by monumental reforms such as Roosevelt's New Deal and extended through Johnson's Great Society pursuits. The speaker does, however, see the necessity of a "safety net" provided by government to counter the most brutal effects of economic liberty. Where we invest our money invests in how we develop and where we go. Most of these political leaders believe the things they're saying but it's incredibly difficult to gather a consensus. "We took away government built-in profit on inflation and its hidden incentive to grow larger at the expense of the American workers." "I am confident the economic program we have put into operation will protect the needy while it triggers a recovery that will benefit all Americans."
McCreary v. American Civil Liberties Union (2005)
This 5 to 4 decision declares that a Ten Commandments display in a Kentucky courtroom violates the First Amendment Establishment Clause. The Court reaffirms the Everson principle of neutrality or strict separation of church and state. The dissent claims that disestablishment could not possibly preclude an affirmation of our monotheistic heritage. "Require governmental neutrality in matters of religion, including neutrality in statements acknowledging religion."
Jimmy Carter, Address at Notre Dame (1977)
This address is an optimistic statement concerning the future of human rights throughout the world. That optimism was the basis of the President's call for a new foreign policy, one no longer constrained by an "inordinate fear of Communism" "We fought fire with fire, never thinking that fire is better fought with water." "It is a new world, and we should help to shape it" "Our policy must shape an international system that will last longer than secret deals." "America's committed to human rights as a foundation for foreign policy" "It's rooted in moral values, reinforced by our material wealth and military power. It is designed to serve mankind; and it is a policy that I hope will make you proud to be American."
Ronal Reagan, Address to the British Parliament (1982)
This address reflects his understanding of America's global responsibility during the final phase of the Cold War. He shared Carter's optimism about the future of human liberty and the coming demise of communism. He also made it clear that liberty's future depended upon America's and the West's resolve and military strength. "...The existence of nuclear weapons could mean, if not the extinction of mankind, then surely the end of civilization as we know it." Human freedom is threatened by the "enormous power of the modern state." "Abhorrence of dictatorship in all its forms, but most particularly totalitarianism and the terrible inhumanities it has caused in our time." "It is the democratic countries that are prosperous and responsive to the needs of their people."
Roe vs. Wade (1973)
This case concerns an unmarried woman in Texas who wished to terminate her pregnancy by abortion. Texas law prohibited abortions except those performed by a physician for the purpose of saving the life of the woman. The Court's decision here invalidated restrictive abortion laws in almost all of the states. "Our task, of course, is to resolve the issue by constitutional measurement free of emotion and of predilections." "When abortions first came about, they were dangerous for women." "State's interest in protecting prenatal life" "We need not resolve the difficult question of when life begins. Until professionals come to a consensus, it's not up to an average man." "The restriction on abortion became tradition due to its historical relevance in many states."
Planned Parenthood of Southeastern Pennsylvania vs. Casey (1992)
This case concerns five provisions of the Pennsylvania Abortion Control Act of 1982, which set certain requirements for a woman seeking an abortion. The Court upheld most of the requirements but in a way that reaffirmed its "essential holding in Roe vs. Wade. The decision to reaffirm Roe was made by a 5-4 vote. - The Pennsylvania legislature amended its abortion control law in 1988 and 1989. Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus. These provisions were challenged by several abortion clinics and physicians. A federal appeals court upheld all the provisions except for the husband notification requirement.
Marbury vs. Madison (1803)
This case is the judicial defense of the constitutionality of judicial review. In the last days of President John Adams' presidency, he nominated a number of people to serve as justices of the peace for the District of Columbia. The Senate confirmed the nominations, and the commissions were prepared. President Adams' Secretary of State, John Marshall, did not deliver all of the commissions before President Thomas Jefferson took office. President Jefferson then ordered his Secretary of State, James Madison, not to deliver the commissions. The plaintiffs, men whose commissions were not delivered, sued Madison in the Supreme Court and argued that, in refusing to deliver the commissions, the Secretary of State was neglecting his Constitutional duty. "It is emphatically the province and duty of the judicial department to say what the law is"
Ruth Bader Ginsburg, Speaking in a Judicial Voice (1992)
This criticism of the Court's arguments and sweeping decision in Roe vs. Wade by Ruth Bader Ginsburg, Clinton's first appointee to the Supreme Court, is written from a pro-choice perspective. "The idea of a women in control of her destiny and her place in society is less prominent in the Roe decision" "Backdrop of these rulings comes from incredible expansion from 1961 to 1971- of women's employment outside the home, revived feminist movement." "I do not suggest that the Court should never step ahead of the political branches in pursuit of a constitutional precept."
Brown v. Board of Education (1954)
This landmark supreme court case was a consolidation of four court cases that involved the segregation of public schools in Kansas, South Carolina, Virginia, and Delaware. In each of the cases, aside from the one in Delaware, the lower court ruled that the "separate but equal" proclamation in Plessy v. Ferguson gave reason to deny relief to the plaintiffs, in other words, the law still permitted segregation as long as the black and white facilities were equal to each other. The main question in this case was does the segregation of public education based solely on race violate the Equal Protection Clause of the Fourteenth Amendment? The plaintiffs argued that the separate but equal segregation of schools was in fact not providing equal treatment of both white and black Americans. In most cases, schools made of African Americans were inferior to majority white schools. "Separate educational facilities are inherently unequal"
Abigail Adams, Letter to John Adams (1776)
This remarkable letter from Abigail to John Adams on the eve of the American revolution is a plea to the husband-Founders to "Remember the Ladies in their fight against tyranny" All men would be tyrants if they could "Men of sense in all ages abhor those customs which treat us only as the vassals of your sex. Regard us then as Beings placed by providence under your protection and in imitation of the Supreme Being make use of that power only for our happiness."
Burwell vs. Hobby Lobby Stores, inc (2014)
This was a landmark decision in United States corporate law by the United States Supreme Court allowing closely held for-profit corporations to be exempt from a regulation its owners religiously object to if there is a less restrictive means of furthering the law's interest, according to the provisions of the Religious Freedom Restoration Act (RFRA). It is the first time that the court has recognized a for-profit corporation's claim of religious belief, but it is limited to closely held corporations. The decision does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution. "We hold that the regulations that impose this obligation violate RFRA, which prohibits the Federal Government from taking any action that substantially burdens the exercise of religion."
George Washington, Farewell Address (1796)
Upon leaving office, Washington attempted to chart the foreign policy course for a nation "free, enlightened," and soon to be "great" "The nation's a slave in some degree" "The peace often, sometimes Liberty, has been the victim." "The jealousy of free people ought to be constantly awake since history and experience prove that foreign influence is one of the baneful foes of the republican government." "We must safely trust to temporary alliances for extraordinary emergencies" "Observe good faith and justice towards all nations; cultivate peace and harmony with all; religion and morality enjoin this conduct, and can it be that good policy does not equally enjoin it?" "Against the insidious wiles of foreign influence (I conjure you to believe me, fellow citizens) the jealousy of a free people ought to be constantly awake."
Minor vs. Happersett (1874)
Virginia Minor, a resident of Missouri, attempted to vote for president in 1872. The registrar refused her to do so because she was not a "male citizen of the United States." Minor sued, claiming that her 14th amendment were violated. The arguments presented by Chiefe Justice Waite should be compared with those made by Susan B. Anthony in above essay. "If the right of suffrage is one of the necessary privileges of a citizen of the U.S." "It's clear, that the Constitution has not added the right to suffrage to the privilege as and immunities of citizenship as they existed at the time it was adopted" "We have given this case careful consideration its importance demands. If the law is wrong, it ought to be changed; but the power for that is not with us."
Hammer vs. Dagenhart
• It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed" pg. 54 • "The act in its effect does not regulate transportation among the states, but aims to standardize the ages at which children may be employed in mining and manufacturing within the states." pg. 54 • "There is no power vested in Congress to require the states to exercise their police power so as to prevent possible unfair competition." pg. 55 • "It may be desirable that such laws be uniform, but our Federal government is one of enumerated powers." pg. 56 • "In interpreting the Constitution it must never be forgotten that the nation is made up of states, to which are entrusted the powers of local government." pg. 56 • "It not only transcends the authority delegated to Congress over commerce, but also exerts a power as to a purely local matter to which the Federal authority does not extend." pg. 57
