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Letter from Theodore Roosevelt to the Board of Directors of the New York County Lawyers’ Association

Letter from Theodore Roosevelt to the Board of Directors of the New York County Lawyers’ Association

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

Letter from Theodore Roosevelt to William W. Morrow

Letter from Theodore Roosevelt to William W. Morrow

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.

Collection

Library of Congress Manuscript Division

Creation Date

1911-10-27

Letter from Theodore Roosevelt to Hiram Johnson

Letter from Theodore Roosevelt to Hiram Johnson

Theodore Roosevelt thanks Governor Johnson for the letter. He agrees with Johnson that the people are entitled to an open primary to express their views for the presidential nomination. Roosevelt discusses his thoughts about President William H. Taft in absolute confidence. Despite his misgivings, Roosevelt will support Taft if nominated since he sees no ground for permanent hope in the Democratic Party. He comments on the other presidential candidates and considers himself a weak candidate. Roosevelt examines how the New York judges’ decisions strengthen the Socialist Party. He reviews why he disagrees with Johnson’s estimate of the public’s opinion of himself and why he does not want to be nominated.

Collection

Library of Congress Manuscript Division

Creation Date

1911-10-27

Letter from Theodore Roosevelt to Herbert Parsons

Letter from Theodore Roosevelt to Herbert Parsons

Theodore Roosevelt suggests that because of the Levy Law requiring judges to pick a party ticket rather than remain partisan, ensure that judges do not stay out of politics, their party should fight to repeal the law and while they fight, try to create a “judiciary contest” rather than judges running with each party.

Collection

Library of Congress Manuscript Division

Creation Date

1911-10-05

Letter from Secretary of Theodore Roosevelt to Frank L. Frugone

Letter from Secretary of Theodore Roosevelt to Frank L. Frugone

In regards to Frank L. Frugone’s letter about the questioning of immigrants, the secretary to Theodore Roosevelt clarifies that it was a judge, not Roosevelt himself who asked the questions. The questions about immigrants’ membership to secret societies, like the Comorra Mafia-connected Black Hand, was necessary and proper. Frugone was editor of numerous Italian-language newspapers for immigrants throughout his career.

Collection

Library of Congress Manuscript Division

Creation Date

1911-05-23