John Marshall Harlan Quotes
The Constitution is not a panacea for every blot upon the public welfare.
John Marshall Harlan, 1899-1971, U. S. Supreme Court Justice, Reynolds, Judge et al. v Sims et al (Dissent), 1964
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Powell was the Secretary of State and Addington kept advising the administration that as long as the President was acting in defense of the country in his capacity as Commander in Chief, he did not have to obey any existing laws that had been Constitutionally passed which in the opinion of the President restricted or limited the President or the executive branch. Addington was an attorney and Assistant to the Vice President, but he was given much responsibility for administration policy. Powell the Secretary of State of the Administration could not have disagreed more and although most politicians including Republicans disagreed with the Addington thesis, Powell was one of the few Republicans to criticize the Addington position.
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.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
The Presidential election of 1800 produced a crisis even greater than that of 2000. There was an Electoral College tie between Thomas Jefferson and Aaron Burr—both of the same party, Democratic Republicans. The Federalist Party led by President John Adams had been totally rejected by the voters and Adams was in third place. However, the Federalists saw an opportunity of maintaining the Presidency anyway. The Constitution threw the election into the House of Representatives with each State delegation having a single vote. In the House, the Federalists had parity with Jefferson’s party which resulted in 35 tie votes. Finally, Congressman Bayard, the sole Congressman from Delaware, withheld his vote on the 36th ballot, thereby electing Thomas Jefferson of the opposition party. His reason was:
Despite Ziglar’s and other officials pointing out the illegality, illegal sweeps and arrests were made without warrants or constitutional requirements.
Hamilton acknowledged that the major public objection to the new U. S. Constitution was its lack of a Bill of Rights, which Hamilton argued was unnecessary.
This quotation is particularly important because it summarizes one of two opposite schools or thought regarding judicial interpretation of the Constitution that politicians have been arguing about since the Supreme Court first sat. The other is Original Intent where only the original intentions of the writers and ratifiers of the Constitution should be considered—assuming that it can be determined.
Great crises like wars, frequently and great scientific and technical breakthroughs produce many situations that were never envisioned by the founding fathers when they drafted The Constitution. The Civil War had many of these.
John Marshall Harlan was an American lawyer and politician who served as an associate justice on the U.S. Supreme Court. He is often called "The Great Dissenter" due to his many dissents in cases that restricted civil liberties, including the Civil Rights Cases and Plessy v. Ferguson. Many of Harlan's views expressed in his notable dissents would become the official view of the Supreme Court starting from the 1950s Warren Court and onward. His grandson John Marshall Harlan II was also a Supreme Court justice.
