Lewis F. Powell Jr. Quotes

It is argued whether Scalia’s problem was that the Supreme Court was doing something new or radical or the country had changed. He had certainly lived through the greatest transformation of any society and culture on earth at a pace of change that far exceeds anything that has occurred before. Scalia is one who believes that the Constitution should not be interpreted in recognition of these changes, but should be immutable as it was written for the late 18th century. Most judges and legal scholars disagree and try to interpret the Constitution as the founders would have intended, knowing what we know, having the tools and powers we have, and facing the problems of the modern world. It represents a major legal and philosophical debate.

The government of Pakistan regarded this as seditious. The Government can fire judges at will and the military has the right to convene its own courts and try Pakistani civilians for certain alleged crimes by removing their cases from the civilian courts. Even when a Pakistani judge is not intimidated by the government or the military, the Islamic extremist fanatics often assassinate any public official who any one of thousands of fanatics feels is anti-Islamic.

Jefferson’s fears were later reinforced by John Marshall in Marbury v. Madison {606468}

Debs had unconstitutionally been arrested and jailed for opposing American entry into World War I. He was later pardoned by President Warren G. Harding.

This surprising quote of Roosevelt’s is noteworthy for two reasons. First most of us are amazed that one of our greatest presidents were opposed to the Checks and Balances of the Constitution as it has been interpreted since Chief Justice Marshall and his Court asserted the power of Judicial Review. Second, at the beginning of the 21st century the Republicans / Conservatives opposed the power of the Supreme Court and wanted it diminished, while the Democrats were strong supporters of judicial review. In TR’s era, the parties were flip flopped. It was William Jennings Brian and the Democrats who wanted to curtail the power of the court (they had then found even the income tax unconstitutional), while the Republicans / Conservatives fought to uphold the “traditional” role of the Supreme Court. Roosevelt, not only sided with the Democrats against his own party, but went further than Bryan or any other Democrat in calling for the voter’s right to review and nullify Supreme Court Decisions that were unpopular. Needless to say, most of TR’s Republican compatriots were not happy with him, but that was not uncommon as he took on the trusts and monopolies, set up national parks, established Federal Regulation of Food, and other positions that out reformed the Democrats.

This shameful quotation was shocking to most readers. It is subject to two interpretations: One that judges who did not rule on Constitutional issues the way conservative extremists wanted would come to physical harm. The other, that conservatives should pressure judges by withholding appropriations for the courts, impeachments and recall elections where they exist, as well as funding potential opponents for those jurisdictions where judges are elected. Both meanings were disgraceful in the view of most Americans. Later, DeLay was convicted and sentenced to jail for money laundering and illegally spending and raising campaign funds. He was also reprimanded by the House Ethics Committee for unethical methods of fund raising for other earlier actions.

In China, the religious activities of the Missionaries never really lead to the many troubles between the missionaries and the Chinese. It was their activities in the non-religious arenas articulated here by Denby.