Letter from William H. Moody to Theodore Roosevelt
Subject(s): Day, William R. (William Rufus), 1849-1923, Harlan, John Marshall, 1833-1911, Holmes, Oliver Wendell, Jr., 1841-1935, White, William Allen, 1868-1944
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Supreme Court Justice Moody has read the letter and article from William Allen White that President Roosevelt forwarded to him, and offers his thoughts on the matter. Moody writes on the power of the courts to declare laws unconstitutional. This power has to be exercised with caution as, contrary to prior doctrine, the courts are not infallible. While there are checks on the power of the legislative and executive branches, if the Supreme Court exceeds its authority there is little recourse to correct the errors. Moody discusses recent examples where the Supreme Court made explicit that its duty is not to comment on the justice or wisdom of pieces of legislation, but to enforce the law as it is written and determine how laws interact with the Constitution and other laws.
Collection
Library of Congress Manuscript Division
Creation Date
1908-12-03
Creator(s)
Moody, William H. (William Henry), 1853-1917
Recipient
Roosevelt, Theodore, 1858-1919
Publication Date
2021-08-12
Language
English
Period
U.S. President – 2nd Term (March 1905-February 1909)
Original Collection
Theodore Roosevelt Papers
Repository
Library of Congress Manuscript Division
Page Count
8
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 William H. Moody to Theodore Roosevelt. [December 3, 1908?]. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
https://www.theodorerooseveltcenter.org/digital-library/o59665. Theodore Roosevelt Digital Library. Dickinson State University.
MLA:
Moody, William H. (William Henry), 1853-1917. Letter from William H. Moody to Theodore Roosevelt. [3 Dec. 1908?]. Multi-image. Theodore Roosevelt Papers. Library of Congress Manuscript Division. Theodore Roosevelt Digital Library. Dickinson State University. October 28, 2025. https://www.theodorerooseveltcenter.org/digital-library/o59665.
APA:
Moody, William H. (William Henry), 1853-1917.: , [1908, December 3?]. Letter from William H. Moody to Theodore Roosevelt. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
Retrieved from https://www.theodorerooseveltcenter.org/digital-library/o59665.
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. October 28, 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.
