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William H. Taft and others address New England Street Railways Club’s “Federal Night” dinner. Major topics included judicial review and anti-trust legislation.
Sagamore Hill National Historic Site
1912-03-19
Attorney Rome G. Brown writes about judicial recall and refers to Theodore Roosevelt in the article as a “prophet gone wrong.”
Sagamore Hill National Historic Site
1914-02
Theodore Roosevelt’s secretary does not believe Roosevelt wants to introduce new arguments to his proposal regarding judicial review, but he will turn the case Franz Lindquist wrote about over to Roosevelt when he returns from his western campaign trip.
Library of Congress Manuscript Division
1912-09-12
Theodore Roosevelt’s secretary encloses a speech that Roosevelt delivered in St. Louis to a large group of businessmen, lawyers, and judges. The speech should help William L. Raymond explain to people Roosevelt’s reasoning for supporting review by the public of judicial decisions.
Library of Congress Manuscript Division
1912-05-25
Theodore Roosevelt’s secretary thanks Cornelius Maloney for the American article and manuscript sent to Roosevelt. He discusses Roosevelt’s position on court decisions.
Library of Congress Manuscript Division
1912-05-09
On behalf of Theodore Roosevelt, his secretary thanks William H. Van Kleeck for the letter and articles sent to Roosevelt. Two similar texts of the letter are included.
Library of Congress Manuscript Division
1912-05-07
Theodore Roosevelt believes the Anti-Trust Law must be kept but is useless by itself. He asks Frank B. Kellogg to read his Carnegie Hall speech on the question of the review of judicial decisions, especially his quote from William Draper Lewis, Dean of the University of Pennsylvania.
Library of Congress Manuscript Division
1912-03-25
President Roosevelt thanks Representative Hinshaw for sending him the clipping about the Hepburn railroad rate bill and says that he believes that the most important part of the bill is the “prompt application of the rate schedule” as directed by the Interstate Commerce Commission. Congress has done everything that it can to ensure that the bill will not be held up by the courts in the event of an appeal. However, Roosevelt notes that there is no way to completely prevent any legislative action from being appealed to the courts.
Library of Congress Manuscript Division
1906-02-20
President Roosevelt tells Attorney General Moody that any duty on wood pulp is “emphatically against” the interests of the United States. The country would welcome any judicial decision that goes against the creation of such a law.
Library of Congress Manuscript Division
1905-12-04
President Roosevelt responds to Ray Stannard Baker’s letter about the proposed maximum rate laws for railroad shipping. While Roosevelt agrees that a minimum rate law may benefit more people, he is unsure if such a law would be upheld by the courts. He stresses the importance of writing a law that will not be overturned in court, even if it cannot meet the demands of the people.
Library of Congress Manuscript Division
1905-11-28
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
Judge Lindsey is traveling to New England for a lecture trip and would like to meet with Theodore Roosevelt to discuss Colorado politics and his bill that will allow for the recall of judicial decisions. He provides an update on the bill’s progress.
Library of Congress Manuscript Division
1912-03-01
Judge Lindsey encloses bills he has been working on which would allow for the recall of judicial decisions declaring laws unconstitutional and create a separate court in charge of child welfare. Theodore Roosevelt’s speech in Columbus, Ohio has helped Lindsey’s cause and he would be grateful if Roosevelt could mention the bills publicly.
Library of Congress Manuscript Division
1912-02-26
Judge Lindsey thanks Theodore Roosevelt for the letter regarding limiting the power of the courts. He is working on a state amendment to limit the absolute right of Colorado courts to declare a law unconstitutional, which has been received enthusiastically. The sentiment for Roosevelt’s nomination continues to be strong. Lindsey expects Edward Prentiss Costigan and Philip Battell Stewart to be the progressive Senate candidates in Colorado.
Library of Congress Manuscript Division
1912-02-13
Judge Lindsey has drafted an amendment to the Colorado Constitution that would give the people the final say as to the constitutionality of laws when a Colorado Supreme Court justice dissents from a majority opinion that declares a law unconstitutional. The sentiment for Theodore Roosevelt’s nomination in the West is “overwhelming” and Lindsey might resign from the Wilson Club in order to fully support what he expects to be Roosevelt’s certain nomination.
Library of Congress Manuscript Division
1912-01-30
Oscar Hallam calls Theodore Roosevelt’s attention to a historical inaccuracy in his article concerning the doctrine that courts can declare a legislative act unconstitutional. Hallam cites historical cases and thoroughly discusses the Constitutional Convention to prove his point.
Library of Congress Manuscript Division
1911-04-29
William Allen White was pleased by what President Roosevelt told him about Associate Justice William H. Moody’s views. White believes that the courts should have some veto power over the legislature, but that this power should also be restricted. He believes that lower federal courts should not have the ability to to invalidate federal laws, and similarly lower state courts should not be able to invalidate state laws–rather, only the supreme courts of such bodies should be able to rule on these. In lower courts, laws are often objected to without proper investigation.
Library of Congress Manuscript Division
1908-12-15
Judge Tracey writes to President Roosevelt from the Philippines regarding a judicial controversy over church buildings there. The supreme court has been waiting for a fitting case that would address the issue neatly, without involving too many extraneous questions that could result in the decision being too broadly applied. There are other tensions between the church and the government, as well.
Library of Congress Manuscript Division
1906-08-24
Susan Dunn examines Theodore Roosevelt’s policy positions during and after his presidency and asks whether Roosevelt was a cautious conservative or a radical progressive. Dunn emphasizes that Roosevelt often made it difficult for others to determine his stance because of his muddled language, but she asserts that Roosevelt was constrained by the need to work with others in the Republican party and by the Constitution which, with its checks and balances, limited the power of the president. Dunn notes that some of Roosevelt’s stances, favoring an inheritance tax and the review of judicial decisions, cost him the support of friends and colleagues such as Henry Cabot Lodge. Dunn labels Roosevelt “a bold, courageous leader” who achieved much despite the need to compromise with his party and the Constitution.
Seven photographs of Roosevelt from 1875, 1880, 1899, 1901, 1910, and 1914 illustrate the article.
Booklet featuring the reprint of a two-part article by Theodore Roosevelt that first appeared in Collier’s Weekly. The case of a woman whose arm was crushed in a factory and the legal decision that allowed her employer to avoid financial responsibility are presented to justify Roosevelt’s call for review of judicial decisions.
Theodore Roosevelt Inaugural National Historic Site
1913-03