David Brooks Quotes
Nonetheless, so whether it's unconstitutional or not [for judges to overruling presidents], I leave to others.
Brooks, David. "Shields and Brooks on the court's travel ban ruling, Warren's silencing." PBS NewsHour, MacNeil/Lehrer Productions, 10 Feb. 2017.
Hatch was the chairman of the Senate Judiciary Committee at the time.
The Roosevelt administration had stemmed the tide of Hoover’s Great Depression but the nation had not yet recovered. The New Deal measures, most of which would be considered fundamental to good government 50 years later was being constantly thwarted by a Supreme Court with a strong arch conservative majority headed by James McReynolds, a virulent, overt, anti-Semitic racist, who hated FDR—see {616652} and {585241}. The situation was to many like that which existed before the Civil War when the Court rendered the Dred Scott decision that so harmed the nation. Frankfurter, not then a Supreme Court Justice, urged Roosevelt to do something lest the American Public lose all respect for the Court and our Constitutional system and have the nation harmed by not allowing reforms like child labor laws to go through. The court actually ruled by a narrow majority that the government could not pass laws making it illegal for 11 year old children to work in coal mines or factories. FDR attempted to add more justices turning the majority into a majority—“packing the Supreme Court”, but that politically backfired. Some of the reforms never went through while others needed Constitutional Amendments like the end to Prohibition.
This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616750} for an even clearer statement of the separation of powers principle.
David Brooks is a conservative political and cultural commentator who writes for The New York Times. He has worked as a film critic for The Washington Times, a reporter and later op-ed editor for The Wall Street Journal, a senior editor at The Weekly Standard from its inception, a contributing editor at Newsweek, and The Atlantic Monthly, and a commentator on NPR and the PBS NewsHour.