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Constitutional law

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Letter from Theodore Roosevelt to Jonathan Bourne

Letter from Theodore Roosevelt to Jonathan Bourne

President Roosevelt tells Senator Bourne that any statements that have been made about agreements with Senator Charles William Fulton toward a delegation in Oregon, or attempts from the administration to affect the Oregon legislature, are untrue. Instead of sending a confidential accusatory letter, Roosevelt asserts that Bourne should have openly stated his confidence that the statements were false.

Collection

Library of Congress Manuscript Division

Creation Date

1908-10-05

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from Theodore Roosevelt to William H. Moody

Letter from Theodore Roosevelt to William H. Moody

President Roosevelt has been reading the works of former President Thomas Jefferson and concludes that the Constitution is meant to adapt to the country through the decisions of the Supreme Court. As he spends more time with the wealthy, he is convinced of their “entire unfitness” for government. Despite their good intentions, Roosevelt believes that these elites are out of touch with the common people. Roosevelt has a low opinion of Jefferson’s presidency, but notes that he was popular in his time.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-21

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from Theodore Roosevelt to William H. Moody

Letter from Theodore Roosevelt to William H. Moody

President Roosevelt writes confidentially to Supreme Court Associate Justice Moody that he has read and enjoyed District Court Judge Charles Fremont Amidon’s address to the American Bar Association in support of the education of the courts. Roosevelt feels that John Marshall and Roger Brooke Taney differed primarily in their interpretation of the Constitution. Enclosed, Roosevelt sends a draft of his Saint Louis speech along with a letter from Alexander. If what Alexander has said is true, Roosevelt’s dislike of him may be wrong, and he asks Moody for a comment on the speech.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-03

Creator(s)

Roosevelt, Theodore, 1858-1919

Letter from William H. Moody to Theodore Roosevelt

Letter from William H. Moody to Theodore Roosevelt

Supreme Court Justice Moody presents President Roosevelt with some general rules of constitutional interpretation in light of his understanding of Charles Fremont Amidon’s speech. Moody mentions how interstate commerce has changed in recent years and that the courts must determine what commerce is national, what is local, and what role the nation has in it. Moody encourages Roosevelt to strike all reference to Amidon’s speech.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-09

Creator(s)

Moody, William H. (William Henry), 1853-1917

Letter from Charles Fremont Amidon to Milton Dwight Purdy

Letter from Charles Fremont Amidon to Milton Dwight Purdy

Judge Amidon asks Judge Purdy about where he can find the full speech that President Roosevelt gave at Harrisburg, Pennsylvania. Amidon explains that he will be delivering the address at the next meeting of the American Bar Association, and he would like to speak to the recent criticisms of Roosevelt and Secretary of State Elihu Root. He quotes a variety of former politicians and justices to make the point that state issues have become important on a national scale. Amidon believes the Constitution should be interpreted liberally and “should respond only to the deep, abiding, organic things of the nation’s life.”

Collection

Library of Congress Manuscript Division

Creation Date

1907-02-08

Creator(s)

Amidon, Charles Fremont, 1856-1937

Speer agrees with president

Speer agrees with president

Judge Emory Speer of Georgia seems to be of the opinion that President Roosevelt “did not proceed without authority and certainly not without precedent” when he discharged without honor the African American troops involved in the “shooting up” of Brownsville, Texas, comparing the situation to an incident involving George Washington and the “Connecticut Light Horse” militia. Speer notes that the language of Article 5 of the Federal Constitution suggests that a “different method of punishment” can be inflicted by the President when crimes are committed by members of land and naval forces.

Collection

Library of Congress Manuscript Division

Creation Date

1907-01-09

Creator(s)

Macon telegraph

The Japanese question

The Japanese question

This article, published in The Outlook, seeks to present the principles which “should, and eventually will, determine the whole question of the treatment of the Oriental races in this country.” Considering specifically the case of California, where Japanese children were being excluded from public schools, the article highlights three issues: the prerogative of the states to control and make decisions about public schooling, the right of the Federal Government to determine who may enter into the country, and the power of Congress to make naturalization laws to determine who may become a citizen. After explaining these, the article then applies them to the situation in California.

Collection

Library of Congress Manuscript Division

Creation Date

1906-12-29

Creator(s)

Unknown

Report on Articles I and II of proposed treaties for arbitration of international differences

Report on Articles I and II of proposed treaties for arbitration of international differences

Charles E. Magoon, on behalf of the Office of the General Counsel, answers questions raised by Secretary of War Taft as to the authority of President Roosevelt and the Senate in proposed arbitration treaties. The two articles of the treaty in question designate that irreconcilable disputes between parties are sent to the Hague after agreement by both parties regarding the particulars of the dispute. Magoon concludes that the articles in question do not constitute an exception to the generally understood powers of the President and Senate in such matters, citing numerous similar laws and treaties. Magoon further points out that the articles in question would not deprive Congress of its legislative rights and makes clear that later acts of Congress contradicting the treaty would supersede the treaty.

Collection

Library of Congress Manuscript Division

Creation Date

1905-02-08

Creator(s)

Magoon, Charles E. (Charles Edward), 1861-1920

Political hide and seek

Political hide and seek

Responding to remarks like Supreme Court Justice David J. Brewer’s accusation of President Roosevelt playing “hide and seek” with the potential of seeking a third presidential term, an article in the Chicago Daily News reassures its readers that for all his faults, Roosevelt respects the constitution too much to run for a second elected term. The delegates at the Republican National Convention will nominate a different statesman.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-22

Creator(s)

Unknown

First gun of the “Constitution Club”

First gun of the “Constitution Club”

The Parker and Davis Constitution Club of New York is supporting a movement to defend the Constitution from Republican attacks. A recent speech by John R. Dos Passos laid out the Republicans’ “unconstitutional and unjust acts.” The unnamed author agrees that the interpretation of the Constitution has changed but finds fault with Dos Passos’s arguments as they are based on events that occurred several decades ago.

Collection

Library of Congress Manuscript Division

Creation Date

1902

Creator(s)

Unknown