Legal Philosophy Quotes
Two openings appeared on the Supreme Court for Nixon to fill. He heard from many people on recommendations, but he wanted to fill the posts with “strict constructionists.” Rehnquist had written giving him a political operational definition of a strict constructionist. This memo was never released to the public by the White House on the grounds that it was protected by Executive Privilege. However, the definition given had virtually nothing to do with the concept of strict construction but is a definition of a ideological conservative constructing his own meaning to the Constitution. The source for the text came from John Dean, the Counsel to the President, who found this memo in his White House file and revealed it at a question and answer session at the Commonwealth Club of San Francisco, October 10, 2001.
The Chief Justice at the time was an ultra-conservative judge, who together with his 8 colleagues—all conservative—had blocked much of the democratic and progressive legislation that the Congress had passed. FDR had a much different legal and philosophical view of the Constitution than the Chief Justice, and the court would declare much of his New Deal legislation, passed in the emergency of the Great Depression, unconstitutional. Almost all of those “unconstitutional” things were years later passed again and this time a more modern court found they were Constitutional.
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.
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.
