More Constitution Violations

Once several of our founding fathers used their “Federalism” ideology to expand the scope of the Constitution, they set the stage for future presidents and justices to further expand their view of the Constitution to meet not the law, but their social ideologies.

Our 16th President, Abraham Lincoln, had his heart in the right place, but he was an avid violator of the Constitution. Lincoln set a precedent by using his wartime “inherent powers” to act as executor, legislator, and judge. For instance, he suspended writs of habeas corpus, enacted a military draft, and implemented a blockade against Southern ports, even though they were not a country. These all should have been unconstitutional acts.

President Theodore Roosevelt, maybe the first progressive, used the Sherman Antitrust Act to go after corporations such as the railroad and tobacco companies. Initially, the Antitrust Act was enforced with restraint, but not under Roosevelt, the interpretation of the Act was broadened. This Act has been a key tool for the government to regulate industry.

President Woodrow Wilson, like Alexander Hamilton, was a Monarchist. Wilson was able to enact a military draft for WWI with the Supreme Courts blessing. Wilson reinstated a similar law to that of the Sedition Act under John Adams. This enabled him to imprison anyone who disagreed with his decisions and the Court upheld his actions.

President Franklin Delano Roosevelt (FDR) was probably the most socialistic president in our history (although Obama may give him a run for his money). Initially, the Supreme Court rebuffed many FDR polices and laws. In Schechter Poultry Corporation v United States the court ruled FDR’s National Industrial Recovery Act (NIRA) was unconstitutional. In Butler v. United States the court ruled FDR’s Agriculture Adjustment Act was unconstitutional. And in Carter v. the Carter Coal Company the court thwarted FDR’s plans to regulate the coal industry. FDR then tried to “pack the courts” by adding 6 additional Supreme Court Justices, which of course he would select. This was ultimately denied by Congress. But then, by a miracle, two judges had a change in heart and gave FDR a 5 justice majority. This majority of 5 provided the rubber stamp FDR needed to implement his socialistic ideology. The Supreme Court upheld FDR’s National Labor Relations Act which was pro-union legislation. The court then upheld FDR’s Social Security Act expanding the view of the Constitution’s “General Welfare Clause”. The Supreme Court backed every FDR power grab from the Agriculture Adjustment Act to every federal measure to regulate wages, pricing, and work hours. And let’s not forget the internment camps set up by FDR, which imprisoned over hundred thousand Asian-Americans.

Supreme Court Justice, Hugo Black, had a very progressive view of the Constitution. In his view, what he liked was constitutional and what he disliked was unconstitutional. FDR could count on Black for his vote. A former Ku Klux Klan member, Black is primarily responsible for defining “separation of church and state”. However, Black’s interpretation of Jefferson’s view of Church and State was incorrect and out of context. Black proclaimed “I shall not at any time surrender my belief that the document [constitution] itself should be our guide, not our own concept of what is fair, decent or right.”.

Supreme Court Chief Justice, Earl Warren, may have been the worst Chief Justice in United States history. He consistently ignored the law and instead legislated from the bench to implement his social morals. He is responsible for broadening the scope of the first amendment to not only include freedom of speech, but freedom of expression. He also broadened the first amendment’s freedom of the press clause to protect obscenities. He is responsible for Miranda and other criminal procedure laws that favor leniency for criminals. He federally forced integration onto the states by overturning state integration laws, which in turn, only made integration harder.

Supreme Court Justice, William Brennan, was Earl Warren’s chief supporter and helped to push his social agenda and ideology. After Warren’s death he continued his crusade, even as a dissenter as the court became more conservative in the 70s.