Harold Hitz Burton Quotes
… we have a fighting constitution
He was referring to the fact that the Constitution provides mechanisms for the fighting of wars. See {616597}.
Harold Hitz Burton, 1888-1964, Mayor of Cleveland, OH (Democrat), U. S. Senator (Democrat, OH), U. S. Supreme Court Justice, Lichter v. United States, 1948
Sourced by: Eigen's Political and Historical Quotations
Jefferson and many others thought the original drafting of the Constitution was deficient in not explicitly protecting rights from the government. See {586024}. When it came time for ratification, it was clear that ratification would not take place unless that was remedied and the Bill of Rights made the ratification possible by satisfying many critics of whom Jefferson was but one. Note that the protection sought was from the President and the Congress.
At the time most of the members of Congress were worried about the “General Government”—their term for the Federal Government---than they were, the state governments from which they had come and were in their minds represented. If would be almost a century before it was generally accepted that the States themselves must follow the Constitution and its amendments. Madison was way ahead of his time, and saw that rights must be protected from all levels of government.
President George W. Bush, during the War on Terror, asserted the authority to contravene laws passed by Congress and signed by a previous president. He further, argued that he did not have to inform Congress when he ordered steps that broke the existing laws. His position was based on his claim that there were inherent Presidential powers in wartime granted by the Constitution and the Congress could not override the Constitution.
In 1949 the NATO treaty was signed. There was concern that a phrase in the treaty authorizing signatories to take "such action as it deems necessary, including the use of armed force" would undermine Congress's powers:
Although it had conservative and progressive support, there was opposition in the middle and the vote failed in the House 188 to 209. See Hamilton Fish for the amendment text.
On why the President should not be given the right to go to war without the approval of Congress:
- Born: June 22, 1888
- Died: October 28, 1964
- Nationality:
- Profession:
Harold Hitz Burton was an American politician and lawyer. He served as the 45th mayor of Cleveland, Ohio, as a U.S. Senator from Ohio, and as an Associate Justice of the Supreme Court of the United States.