Your TR Source
Theodore Roosevelt agrees with Learned Hand about pressuring judges but believes in Constitutional cases that there must be an alternative to have the right of appeal from the judges. He wants to talk to Hand further on the matter.
Library of Congress Manuscript Division
1911-11-22
Theodore Roosevelt does not think William W. Morrow will find his speech obnoxious when he sees it in The Outlook. He agrees with Morrow’s statements about judges. However, judges in New York tend to declare laws unconstitutional even though they are upheld in other states and by the Chief Justice. He does not want these judges recalled but wants a way for the people to deliberate and pursue an industrial policy if desired.
Library of Congress Manuscript Division
1911-10-27
Theodore Roosevelt clarifies his thoughts about New York judges and discusses his beliefs on the matter with Charles McCarthy.
Library of Congress Manuscript Division
1911-10-27
Theodore Roosevelt responds to George U. Crocker about why he named his doctrine “recall of judicial decisions” and the problems it caused. He then explains that he does not care if the form of recall of decisions applies to voters deciding if Supreme Court interpretations of the Constitution are right or wrong or to voters deciding they want an act to become law regardless of the Constitution. Although, he thinks that deciding ad hoc changes to the Constitution is easier and safer.
Library of Congress Manuscript Division
1912-11-19
President Roosevelt is sorry that United States Congressman John Sharp Williams feels that he cannot serve on a committee. Roosevelt says that he will speak frankly, and that if Williams’s theory of why he cannot serve is correct, then the President should not listen to the advice of anyone unless Congress passes a law. Such a theory would reduce government to an absurdity.
Library of Congress Manuscript Division
1908-06-12
President Roosevelt is happy to hear that Lawrence F. Abbott likes the design for the new $10 coin, but he is even more excited for Abbott to see the $20 coin which he considers one of the most beautiful modern coin designs. Roosevelt is amused by the Supreme Court’s recent decision declaring a bill passed by New York Governor Charles Evans Hughes as constitutional, although he is not surprised. He notes that his opponents tend to automatically declare any of his laws unconstitutional even if they have been approved by the Supreme Court.
Library of Congress Manuscript Division
1907-11-27
President Roosevelt does not suspect Judge Bartlett of working against him. Roosevelt is concerned that New York judges interpret the law in ways that limit social and industrial reform. He has always liked Bartlett, but wonders if he believes in interpreting the Constitution so that it might help help bring justice to the common people. Roosevelt understands that many other Republicans do not agree with him, but wants to give Bartlett an idea of how he believes a judge should approach the law.
Library of Congress Manuscript Division
1907-10-02
President Roosevelt will take the matter up with the War Department and ask for a report, but he reminds Archbishop Agius that he is bound by the law just like everyone else in the government.
Library of Congress Manuscript Division
1906-02-26
President Roosevelt’s message is already in print and has already been distributed to the newspapers. However, he tells David Decamp Thompson that it is “very doubtful” if a federal commission like the one he suggested would have any power under the Constitution.
Library of Congress Manuscript Division
1905-11-24
President Roosevelt tells Ray Stannard Baker that while he agrees that it would be better to give the Interstate Commerce Commission the power to fix definite, rather than maximum, railroad rates, Attorney General William H. Moody believes that this power is unconstitutional. Roosevelt believes it is better to pass a constitutional law allowing for maximum rates, and then, if it is a success, to pass the definite rate law as an amendment. Then even if the Supreme Court declared the amendment unconstitutional, the maximum rate law would still stand.
Library of Congress Manuscript Division
1905-11-13
President Roosevelt explains to Henry W. Taft that the federal government needs to tackle trusts and monopolies because using common law is not possible, and Senator Philander C. Knox, Attorney General William H. Moody, Secretary of the Treasury Leslie M. Shaw, and Secretary of War William H. Taft all agree that the action is constitutional. Regarding American expansion in the Philippines and Cuba, Roosevelt states that Cuba has a measure of independence but not in its entirety, and that similar measures could be taken in the Philippines with certain safety precautions.
Library of Congress Manuscript Division
1904-09-28
President Roosevelt tells Henry W. Taft that he is sorry Taft would not accept the nomination for Governor of New York. Roosevelt thanks Taft for standing up for Roosevelt’s interpretation of the Constitution. Roosevelt believes that if someone wants to bring up his actions towards the Constitution, they should also talk about the South wanting to nullify the Fourteenth and Fifteenth Constitutional Amendments as that is the true violation. He accepts his failure if someone wants to blame him for not protecting those amendments. Roosevelt asks Taft to come to lunch.
Library of Congress Manuscript Division
1904-09-12
President Roosevelt informs F. D. Beerman that his letter is not for publication and thanks Beerman for what he wrote in the Herald. The men to whom Beerman refer are knowingly lying and cannot specify a time when Roosevelt did not obey the Constitution.
Library of Congress Manuscript Division
1904-08-22
President Roosevelt informs Nathan Bijur that the enclosed Herald clippings concerning a letter on behalf of Roosevelt to the engineers is a lie. Roosevelt believes their dishonesty should be “shown up” because they attack him for not interfering — notably, without authority from the Constitution — in the labor troubles, then suggest that this is because he is afraid of not being elected.
Library of Congress Manuscript Division
1904-08-09
President Roosevelt is having difficulty acquiring information on the situation in Colorado and is disappointed with the retention of Senator Henry Moore Teller. Governor James Hamilton Peabody has been irritating and has twice requested that troops be put at his disposal. This is constitutionally impossible, as the troops must act under the President and can only enter a state if the Governor complies with certain constitutional provisions.
Library of Congress Manuscript Division
1903-11-23
Responding to Henry Lee Higginson’s appeal that President Roosevelt send federal troops to Telluride, Colorado, Roosevelt explains that he and Secretary of War Elihu Root have been communicating with Governor James Hamilton Peabody, and they will send troops when he requests them. Currently, Roosevelt has no power to act.
Library of Congress Manuscript Division
1903-11-20
President Roosevelt has been going over the “trust and labor paragraphs” with William Emlen Roosevelt’s opinion in mind but fears that under the present Constitution his desires are impossible. Roosevelt intends to go over the matter with Secretary of War Elihu Root.
Library of Congress Manuscript Division
1902-11-06
President Roosevelt greatly appreciates John James Jenkins’s letter and especially liked that Jenkins understands that presidential power is limited by the Constitution, even during a crisis such as the Anthracite Coal Strike. Roosevelt has been surprised by the large number of people suggesting drastic action be taken against the coal operators or miners.
Library of Congress Manuscript Division
1902-10-07
Governor Burke clarifies his reasoning for sending Theodore Roosevelt his speech regarding a decision by the New York Court of Appeals.
Library of Congress Manuscript Division
1912-01-29
Governor Burke is sending the text of a speech he delivered before the Iowa Bar Association regarding the New York Court of Appeals decision that held the Employers’ Liability and Workingmen’s Compensation Act to be unconstitutional. He requests Theodore Roosevelt’s opinion of the speech.
Library of Congress Manuscript Division
1912-01-20