Constitutional law

Excerpt from Yale Law Journal

Excerpt from “Development of the Commerce Clause of the Constitution,” published in the February, 1907 edition of the Yale Law Journal. The quote discusses the need to interpret a constitution in terms of its practical application in the present day. While it is important to consider the framers’ intents, the writer argues that it is a fundamental principle that a constitution is “always a present rule of national life.” The language in a constitution can be applied beyond the writers’ original intent.

Collection

Library of Congress Manuscript Division

Creation Date

1907-02

Creator(s)

Unknown

Note from Milton Dwight Purdy to Theodore Roosevelt

This note, enclosed in a letter from Assistant to the Attorney General Purdy to President Roosevelt, details a recent case in a Kentucky federal court that declared the 1898 Congressional Arbitration Act unconstitutional. This court should have not been able to declare its unconstitutionality, and Congress should pass a law that allows the U. S. Government to appeal criminal cases like this.

Collection

Library of Congress Manuscript Division

Creation Date

1906-11-07

Creator(s)

Purdy, Milton Dwight, 1866-1937

Twin dangers of nation are told

The Republican Club in Portland, Oregon, held a banquet in honor of Abraham Lincoln at the Commercial Club. At the club, various speeches were given. Dr. Andrew C. Smith warned about the lack of military protection on the West Coast and the danger of invasion from Japan. Judge William W. Cotton spoke in favor of President William H. Taft and criticized Theodore Roosevelt. He believes that current leaders are ignoring the tenets of the Constitution in a way that is just as bad as the South’s secession before the Civil War. Other speeches about Lincoln were also given.

Collection

Library of Congress Manuscript Division

Creation Date

1911-02-12

Creator(s)

Unknown

American affairs

In an article for the National Review, A. Maurice Low analyzes the possibility that Germany would come to the protection of the Atlantic Coast while the Great White Fleet travels to the Pacific and highlights the recent developments in the relationship between Germany and the United States. He argues that Roosevelt should seek another term of office, and that William Jennings Bryan has nothing to offer the American people, while deriding the failure of the Democratic Party at large. Finally, quoting financial representatives from several banking houses, Low explains that the fall of securities prices is a natural course correction. As an example of the bright future of American growth, he describes the construction of Gary, Indiana, a city built for the manufacturing of steel.

Collection

Library of Congress Manuscript Division

Creation Date

1907-10

Creator(s)

Low, A. Maurice (Alfred Maurice), 1860-1929

Report on speech by Theodore Roosevelt

The Daily Telegraph reports on a speech by President Roosevelt in which he insisted on the peaceful nature of the Great White Fleet’s movement and reiterated his plans to regulate trusts via existing laws rather than attempting new legislation.

Collection

Library of Congress Manuscript Division

Creation Date

1907-10-03

Creator(s)

Unknown

Letter from William H. Moody to Theodore Roosevelt

Justice William H. 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 is national and what is local commerce and the role that the nation has in it. Moody encourages Roosevelt to strike all reference to Amidon’s speech. This record is a typed copy of Moody’s letter to Roosevelt.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-09

Creator(s)

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

Congressional usurpation

An article defines what congressional usurpation is and gives examples of ways the Senate is taking more power than they should. President Roosevelt’s criticism of Congress and the judiciary branches of the government is not usurpation. 

Collection

Library of Congress Manuscript Division

Creation Date

1909-01-23

Creator(s)

Unknown

Letter from Theodore Roosevelt to Orville Hitchcock Platt

President Roosevelt has consulted Attorney General Knox and asked that the law, or a constitutional amendment, be passed. As soon as Senator Platt can come to Washington, D.C., Roosevelt would like to see if he and Knox can “devise such a law.”

Collection

Library of Congress Manuscript Division

Creation Date

1901-11-15

Creator(s)

Roosevelt, Theodore, 1858-1919

Atlanta speech

Draft of a speech with handwritten corrections. Theodore Roosevelt contrasts the Progressive Party platform with the positions of President Taft and Governor Wilson, with a particular focus on trusts, labor policy, and judicial power. Roosevelt also defends himself against allegations that the Tennessee Coal, Iron, and Railroad Company was illegally acquired by the United States Steel Corporation during his presidency.

Collection

Harvard College Library

Creation Date

1912

Creator(s)

Roosevelt, Theodore, 1858-1919

Work of the Constitution Club

Henry W. Taft writes in the New York Evening Post regarding the Parker Constitution Club and their desire to investigate the actions of President Roosevelt. The club is composed of lawyers who challenge the constitutionality of some of Roosevelt’s actions, but Taft does not believe they will make their investigation impartially. Taft suggests they change their name to the Parker Democratic Club in order to more accurately reflect the club’s political views.

Collection

Library of Congress Manuscript Division

Creation Date

1904-09-01

Creator(s)

Taft, Henry W. (Henry Waters), 1859-1945

Letter from J. H. Woodard to Theodore Roosevelt

J. H. Woodard expresses displeasure over Senator George Frisbie Hoar’s remarks denouncing the Roosevelt administration’s Panama policy.

Collection

Library of Congress Manuscript Division

Creation Date

1903-12-18

Creator(s)

Woodard, J. H. (James H.)

Roosevelt’s enmity to unions

Representative Edward James Livernash delivered a speech in the House on the hostility of the Republican Party towards labor and President Roosevelt’s acceptance of the open shop in government service.

Collection

Library of Congress Manuscript Division

Creation Date

1904-04-05

Creator(s)

Unknown

The pulpit on the negro

Sermon extracts from Rev. Dr. Dean R. Babbitt, Rev. Dr. David Gregg, and Rev. Dr. Newell Dwight Hillis regarding discrimination against African Americans in the south.

Collection

Library of Congress Manuscript Division

Creation Date

1903-06

Creator(s)

Unknown

Summary of letter from Stuyvesant Fish

Stuyvesant Fish argues that the Interstate Commerce Commission is weak as it is a branch of the government not laid out in the Constitution. He urges President Roosevelt to express his wishes in the matter.

Collection

Library of Congress Manuscript Division

Creation Date

1903-01-20

Creator(s)

Presidential Office Staff

Summary of letter from John James Jenkins

Representative Jenkins suggests a special session of Congress to repeal all tariff duties on coal and declare the necessity of exercising the power of eminent domain regarding coal. Jenkins believes these actions would be constitutional and quotes several authorities.

Collection

Library of Congress Manuscript Division

Creation Date

1902-10-16

Creator(s)

Presidential Office Staff

Note from Edwin D. Mead

Edwin D. Mead would like President Roosevelt to see article xvi, section 3 of the Constitution of Pennsylvania, which he provides for reference.

Collection

Library of Congress Manuscript Division

Creation Date

1902-10-07

Creator(s)

Mead, Edwin D. (Edwin Doak), 1849-1937

Letter from Selden Fish to Theodore Roosevelt

Selden Fish would like the opportunity to prove to President Roosevelt that the executive has constitutional powers to intercede and end the Anthracite Coal Strike.

Collection

Library of Congress Manuscript Division

Creation Date

1902-10-07

Creator(s)

Fish, Selden

President Roosevelt and the courts

The article focuses on the decision of Supreme Court Judge Humphrey in relation to the pork packing industry. The New York World sides with President Roosevelt and feels laws are meant to be enforced. For those unhappy with Roosevelt’s dissent, the paper provides previous examples of United States presidents speaking out against prominent Supreme Court decisions such as the Dred Scott case or Marberry vs. Madison.

Collection

Library of Congress Manuscript Division

Creation Date

1906

Creator(s)

Unknown

Letter from Benjamin Ide Wheeler to Theodore Roosevelt

Benjamin Ide Wheeler approves of President Roosevelt’s message “en bloc.” Wheeler has spoke with many business leaders of San Francisco, California, and they were also enthusiastic. Wheeler believes the main problem now is the “Philippines question.”

Collection

Library of Congress Manuscript Division

Creation Date

1901-12-04

Creator(s)

Wheeler, Benjamin Ide, 1854-1927

Telegram from William H. Taft to Theodore Roosevelt

Secretary of War Taft reports to President Roosevelt on the situation in Cuba. There is an ongoing governmental crisis in Cuba, and the situation may demand intervention by the United States. Taft suggests a draft of a proclamation in case this establishment becomes necessary to enforce the laws and protect the lives and properties of the people on the island. He also includes the text of a message from Cuban President Tomas Estrada Palma commenting on the failure to elect a replacement president, and laying out what actions he is taking as a consequence of this.

Collection

Library of Congress Manuscript Division

Creation Date

1906-09-28

Creator(s)

Taft, William H. (William Howard), 1857-1930