Letter from Theodore Roosevelt to the Board of Directors of the New York County Lawyers’ Association
Subject(s): Constitution (United States), Constitutional amendments--U.S. states, Constitutions--U.S. states, Courts, England, Judges, New York (State)--New York, Political campaigns, Presidents--Nomination, Speeches, addresses, etc., Thayer, James Bradley, 1831-1902, United States. Congress, United States. Supreme Court
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Theodore Roosevelt writes to the Board of Directors of the New York County Lawyers’ Association regarding a proposed amendment to the U.S. Constitution, which would provide that no court or judge shall hereafter declare any legislative enactment unconstitutional. Roosevelt discusses the history of this power, and finds the proposed amendment to have troubling implications, but argues for a possible solution to its problems. Roosevelt quotes from Professor Thayer’s book Life of Marshall to support his arguments. Roosevelt’s main argument is that the limitations on the legislative branch of government must be more precisely defined, and some body of government must be able to give the legislature authority to act above its limitations in case of emergency, but that the courts may not be the best body for this, since this draws them necessarily into political partisanship. Roosevelt proposes instead a Constitutional Council composed of ex-judges.
Collection
Library of Congress Manuscript Division
Creation Date
1912-05-09
Creator(s)
Roosevelt, Theodore, 1858-1919
Recipient
New York County Lawyers' Association. Board of Directors
Language
English
Period
Progressive Party Candidate (1911-1912)
Repository
Library of Congress Manuscript Division
Page Count
15
Production Method
Record Type
Multi-image
Resource Type
Rights
These images are presented through a cooperative effort between the Library of Congress and Dickinson State University. No known restrictions on publication.
Citation
Cite this Record
Chicago:
Letter from Theodore Roosevelt to the Board of Directors of the New York County Lawyers’ Association. [May 9, 1912]. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
https://www.theodorerooseveltcenter.org/digital-library/o226838. Theodore Roosevelt Digital Library. Dickinson State University.
MLA:
Roosevelt, Theodore, 1858-1919. Letter from Theodore Roosevelt to the Board of Directors of the New York County Lawyers’ Association. [9 May. 1912]. Multi-image. Theodore Roosevelt Papers. Library of Congress Manuscript Division. Theodore Roosevelt Digital Library. Dickinson State University. December 5, 2025. https://www.theodorerooseveltcenter.org/digital-library/o226838.
APA:
Roosevelt, Theodore, 1858-1919.: , [1912, May 9]. Letter from Theodore Roosevelt to the Board of Directors of the New York County Lawyers’ Association. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
Retrieved from https://www.theodorerooseveltcenter.org/digital-library/o226838.
Cite this Collection
Chicago:
Library of Congress Manuscript Division. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division. Theodore Roosevelt Digital Library. Dickinson State University.
MLA:
Library of Congress Manuscript Division. Theodore Roosevelt Papers. Library of Congress Manuscript Division. Theodore Roosevelt Digital Library. Dickinson State University. December 5, 2025. https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division.
APA:
Library of Congress Manuscript Division. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
Retrieved from https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division.
