10.6.2023 – Chief Justice Marshall

Chief Justice Marshall
has made his decision, now …
let him enforce it

This is based on a famous quote of President Andrew Jackson when he reportedly said in response to Supreme Court case, “John Marshall has made his decision; now let him enforce it.

That statement has been much on my mind of late as I think of another former President who is tangled up in the Courts and there is lots of discussion on whether or not he will comply with any number of Court orders and rulings or openly defy any number of Court orders and force the Court to enforce their orders and rulings.

The case in question was Worcester v. Georgia, which according to Wikipedia, was a landmark case in which the United States Supreme Court held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.

In other words, the Supreme Court recognized the right of Native American’s claim and own their tribal lands and that States had no right to extend their laws over tribal lands.

That’s when President Jackson said, “John Marshall has made his decision; now let him enforce it.

As a student of US History, but without a much focus on the Andrew Jackson era (except to note that I had one Professor who said again and again the the election of Andrew Jackson was the last act of the American Revolution and that General Jackson as President would have horrified most of the founding fathers), I always accepted the statement as fact.

Like many famous things that famous people said, further research comes down on the side that Mr. Jackson never said such a thing.

The roots of the claim are found in the book, The American Conflict: A History of the Great Rebellion in the United States of America, 1860-64: Its Causes, Incidents and Results, O. D. Case and Company, 1864, by none other than Horace “Go West Young Man” Greely.

Mr. Greely writes about the decision in Worcester v. Georgia that , “The attorneys for the missionaries sought to have this judgment enforced, but could not. General Jackson was President, and would do nothing of the sort. Well : John Marshall has made his decision: now let him enforce it, was his commentary on the matter.

First off, I have always read the quote as kind a declaration of war by Mr. Jackson.

Somewhere along in the course of my Education, I am sure I saw a scene in a movie or something where Mr. Jackson stands behind his desk and slams the desk with fist and says JOHN MARSHALL HAS MADE DECISON … NOW … LET HIM TRY TO ENFORCE IT!.

The last words more or less hissed out, daring Mr. Chief Justice Marshall to try and enforce, over Mr. Jackson’s dead body, the Courts ruling.

I have always thought of it as a statement of defiance.

Asserting the power of the President as head of the armed forces, in a showdown over the Supreme Court.

Reading the account of the scene in the book, The American Conflict, I now see that what happened was the Missionaries who got the Lawyers who represented the Native Americans were frustrated.

They had won their case.

They had defended the cause of the Native American States.

They had the Supreme Court on their side.

And the State of Georgia said, “So What?”

Frustrated and seeking support the Missionaries went to the President and asked for help and tossed this hot potato into the lap of General Jackson.

And what did he say?

Hey, this is not my circus.

This is not my problem.

John Marshall made this decision, let him enforce it, not me.

And General Jackson tossed the potato right back.

Not defying the Court and its ruling but, while accepting the ruling of the Court, but distancing himself from the whole mess as best and as fast as he could.

In my mind, the meaning to US History of this quote is 180 degrees from what I thought yesterday.

Mr. Greely citation for the scene and the quote reads, “I am indebted for this fact to the late Governor George N. Briggs, of Massachusetts, who was in Washington as a member of Congress when the decision was rendered.”

So here the goofy part.

The quote was not reported until this book came out.

Their is no record at the time of the case that General Jackson ever said it.

And there is no other record if this quote that does not, in the end, come down to this book as the point of origin of the quote.

Best guess, General Jackson never said it.

According to Wikipedia, General Jackson did say, “the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate.”

Jackson had “sportively” suggested calling on the Massachusetts state militia to enforce the order if the Supreme Court requested he intervene but the Court did not ask federal marshals to carry out the decision. Worcester thus imposed no obligations on Jackson; there was nothing for him to enforce.

Now here is the point.

General Jackson had no standing on the matter.

It was a State issue, not a Federal one and the Court DID not ask the President to get involved.

Had he said, “Let him enforce it,” General Jackson would have been correct.

General Jackson did NOT defy the Court and use of this quote to illustrate the notion that a US President set out TO defy the Court is incorrect.

Words down through history.

Reminds me of the line from the 1962 film, The Man Who Shot Liberty Valance, “When the legend becomes fact, print the legend.”

10.5.2023 – checks, balances

checks, balances
remember don’t write a check
your butt cannot cash

Weighing in on the speakership race, Joe Biden expressed concern over the “dysfunction” in the House and emphasized the importance of continuing funding to Ukraine, which has become a source of outrage among hard-right lawmakers.

Asked for his advice to the next House speaker, Biden laughed and said: “That’s above my pay grade.”

From Republicans Jim Jordan and Steve Scalise launch House speakership bids by Martin Pengelly and Joan E Greve in Washington.

“The ability for one person to vacate the speaker of the House will keep a chokehold on this body through 2024,” the Republican Main Street caucus, representing the centrist House Republicans, said in a statement. “Personal politics should never again be used to trump the will of 96% of House conservatives. Any candidate for speaker must explain to us how what happened on Tuesday will never happen again.”

In the movie, Yank at Oxford, a 1938 comedy-drama film directed by Jack Conway and starring Robert Taylor, the Yank says to his advisor he would like to study American History.

His Advisor replies, “My goodness, we have little to offer in this area to occupy it for 3 years.”

I never really considered that in my lifetime, American History would have an end date to punctuate the listing as a field.

United States of America: 1776 – 2023.

checks, balances
remember don’t write a check
your butt cannot cash

10.4.2023 – they foolishly sought

they foolishly sought
power riding the tiger
ended up inside

“… remember that, in the past, those who foolishly sought power by riding the back of the tiger ended up inside.”

From the inaugural address of John F. Kennedy, on January 20, 1961.

It is worth pointing out that the paragraph with this quote in it starts out, “To those new states whom we welcome to the ranks of the free …”

Today, I don’t think of new states but old states.

Our state.

This Country.

This Country that is in such a state that I don’t think Mr. Kennedy could ever had dreamed in his worst dreams.

This Nation has a Constitution of checks and balances.

The checks and balances are the Executive, Legislative and Judicial branches of government.

Like a three legged stool, each branch both supports and checks the others.

Of late …

The Supreme Court of the United States of America, a branch of Government I always took for granted as being above Government and the one branch that could be counted on to do the right thing has been marginalized by politics, greed and social media.

The Supreme Court seems to be broken and it doesn’t work like as it was planned to work.

In the Legislative Branch, the United States Senate is deadlocked so that any one Senator can prevent, delay or change the daily business of the Senate.

While that isn’t great, it is better than what the United States House of Representatives did when they themselves, the members of the House, took the House out the Legislative branch part of the equation and pretty much ceased to exist as a functioning part of Government.

The Legislative Branch seems to be broken and it doesn’t work like as it was planned to work.

Within the Executive Branch of the Government, multiple Government Agencies are held in question and from Health to Education their existence is in doubt.

The Department of Justice, say that out loud, the DEPARTMENT OF JUSTICE is seemingly dismissed by half the Country.

The US Military, part of the Executive Branch is being denied promotions and the Soldiers and Sailors themselves, the Men and Women who DEFEND this Country have to worry about whether or not they might get paid.

The Executive Branch seems to be broken and it doesn’t work like as it was planned to work.

On top of all this, the whole thing is based on free and fair elections.

Elections were supposed to give us all a voice in Government by selecting between the best and brightest candidates the two party system could offer.

Everyone seems to be in agreement who the next two candidates for President will be.

Everyone seems to be in agreement the no one really wants either candidate.

These are the best the Two Party system can come up with?

The Two Party system seems to be broken and it doesn’t work like as it was planned to work.

Regardless of your party affiliation, is there anyone left in the United States today that feels they can trust the next election?

Elections seem to be broken and it doesn’t work like as it was planned to work.

The Checks and Balances no longer work and I can see easily how a faction within this country will endorse the idea that we, as a nation, need to step away from the Constitution and bring in somebody as a caretaker, a benign, good natured, the best interests of the people at heart, type of … Dictator to take over until we can get things sorted out.

What scares the stuff out of me as I am starting to think that this was the plan all along.

I am hoping I am wrong.

I am hoping that this Country, this Nation can rise above this.

I am hoping that those who feel the need for a caretaker, a benign, good natured, the best interests of the people at heart, type of … Dictator keep in mind what Mr. Kennedy said.

“… remember that, in the past, those who foolishly sought power by riding the back of the tiger ended up inside.”

Handwritten Draft by JFK of his inaugural address

10.3.2023 – few generations

few generations
role of defending freedom
maximum danger

On January 20, 1961, President John F. Kennedy delivered his inaugural address in a message that rings loud and clear for today.

The stunning difference is that President Kenney was speaking to the World at large when today I feel his call for Freedom needs to be heard here in America.

To that end, I am writing a series of Haiku based on that inaugural address.

Also anyone who follows this blog, knows that when I miss a few days, I will create a series of posts based on the same text to catch myself up to date.

This is one of those series.

If you really want to scare yourself or make yourself think in such a way as to scare yourself, read this speech and William Shakespeare’s play Julius Caesar at the same time.

Today’s Haiku is taken from the passage (and yes I used to many words in the third line but my blog, my rules):

In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility–I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavor will light our country and all who serve it–and the glow from that fire can truly light the world.

Here is the complete text of from that address on January 20, 1961.

Vice President Johnson, Mr. Speaker, Mr. Chief Justice, President Eisenhower, Vice President Nixon, President Truman, Reverend Clergy, fellow citizens:

We observe today not a victory of party but a celebration of freedom–symbolizing an end as well as a beginning–signifying renewal as well as change. For I have sworn before you and Almighty God the same solemn oath our forbears prescribed nearly a century and three-quarters ago.

The world is very different now. For man holds in his mortal hands the power to abolish all forms of human poverty and all forms of human life. And yet the same revolutionary beliefs for which our forebears fought are still at issue around the globe–the belief that the rights of man come not from the generosity of the state but from the hand of God.

We dare not forget today that we are the heirs of that first revolution. Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed to a new generation of Americans–born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage–and unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world.

Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty.

This much we pledge–and more.

To those old allies whose cultural and spiritual origins we share, we pledge the loyalty of faithful friends. United there is little we cannot do in a host of cooperative ventures. Divided there is little we can do–for we dare not meet a powerful challenge at odds and split asunder.

To those new states whom we welcome to the ranks of the free, we pledge our word that one form of colonial control shall not have passed away merely to be replaced by a far more iron tyranny. We shall not always expect to find them supporting our view. But we shall always hope to find them strongly supporting their own freedom–and to remember that, in the past, those who foolishly sought power by riding the back of the tiger ended up inside.

To those people in the huts and villages of half the globe struggling to break the bonds of mass misery, we pledge our best efforts to help them help themselves, for whatever period is required–not because the communists may be doing it, not because we seek their votes, but because it is right. If a free society cannot help the many who are poor, it cannot save the few who are rich.

To our sister republics south of our border, we offer a special pledge–to convert our good words into good deeds–in a new alliance for progress–to assist free men and free governments in casting off the chains of poverty. But this peaceful revolution of hope cannot become the prey of hostile powers. Let all our neighbors know that we shall join with them to oppose aggression or subversion anywhere in the Americas. And let every other power know that this Hemisphere intends to remain the master of its own house.

To that world assembly of sovereign states, the United Nations, our last best hope in an age where the instruments of war have far outpaced the instruments of peace, we renew our pledge of support–to prevent it from becoming merely a forum for invective–to strengthen its shield of the new and the weak–and to enlarge the area in which its writ may run.

Finally, to those nations who would make themselves our adversary, we offer not a pledge but a request: that both sides begin anew the quest for peace, before the dark powers of destruction unleashed by science engulf all humanity in planned or accidental self-destruction.

We dare not tempt them with weakness. For only when our arms are sufficient beyond doubt can we be certain beyond doubt that they will never be employed.

But neither can two great and powerful groups of nations take comfort from our present course–both sides overburdened by the cost of modern weapons, both rightly alarmed by the steady spread of the deadly atom, yet both racing to alter that uncertain balance of terror that stays the hand of mankind’s final war.

So let us begin anew–remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof. Let us never negotiate out of fear. But let us never fear to negotiate.

Let both sides explore what problems unite us instead of belaboring those problems which divide us.

Let both sides, for the first time, formulate serious and precise proposals for the inspection and control of arms–and bring the absolute power to destroy other nations under the absolute control of all nations.

Let both sides seek to invoke the wonders of science instead of its terrors. Together let us explore the stars, conquer the deserts, eradicate disease, tap the ocean depths and encourage the arts and commerce.

Let both sides unite to heed in all corners of the earth the command of Isaiah–to “undo the heavy burdens . . . (and) let the oppressed go free.”

And if a beachhead of cooperation may push back the jungle of suspicion, let both sides join in creating a new endeavor, not a new balance of power, but a new world of law, where the strong are just and the weak secure and the peace preserved.

All this will not be finished in the first one hundred days. Nor will it be finished in the first one thousand days, nor in the life of this Administration, nor even perhaps in our lifetime on this planet. But let us begin.

In your hands, my fellow citizens, more than mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty. The graves of young Americans who answered the call to service surround the globe.

Now the trumpet summons us again–not as a call to bear arms, though arms we need–not as a call to battle, though embattled we are– but a call to bear the burden of a long twilight struggle, year in and year out, “rejoicing in hope, patient in tribulation”–a struggle against the common enemies of man: tyranny, poverty, disease and war itself.

Can we forge against these enemies a grand and global alliance, North and South, East and West, that can assure a more fruitful life for all mankind? Will you join in that historic effort?

In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility–I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavor will light our country and all who serve it–and the glow from that fire can truly light the world.

And so, my fellow Americans: ask not what your country can do for you–ask what you can do for your country.

My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man.

Finally, whether you are citizens of America or citizens of the world, ask of us here the same high standards of strength and sacrifice which we ask of you. With a good conscience our only sure reward, with history the final judge of our deeds, let us go forth to lead the land we love, asking His blessing and His help, but knowing that here on earth God’s work must truly be our own.

Handwritten Draft by JFK of his inaugural address

10.2.2023 – we observe today

we observe today
not victory of party
celebration of freedom

On January 20, 1961, President John F. Kennedy delivered his inaugural address in a message that rings loud and clear for today.

The stunning difference is that President Kenney was speaking to the World at large when today I feel his call for Freedom needs to be heard here in America.

To that end, I am writing a series of Haiku based on that inaugural address.

Also anyone who follows this blog, knows that when I miss a few days, I will create a series of posts based on the same text to catch myself up to date.

This is one of those series.

If you really want to scare yourself or make yourself think in such a way as to scare yourself, read this speech and William Shakespeare’s play Julius Caesar at the same time.

Today’s Haiku is taken from the passage (and yes I used to many words in the third line but my blog, my rules):

We observe today not a victory of party but a celebration of freedom–symbolizing an end as well as a beginning–signifying renewal as well as change. For I have sworn before you and Almighty God the same solemn oath our forbears prescribed nearly a century and three-quarters ago.

Here is the complete text of from that address on January 20, 1961.

Vice President Johnson, Mr. Speaker, Mr. Chief Justice, President Eisenhower, Vice President Nixon, President Truman, Reverend Clergy, fellow citizens:

We observe today not a victory of party but a celebration of freedom–symbolizing an end as well as a beginning–signifying renewal as well as change. For I have sworn before you and Almighty God the same solemn oath our forbears prescribed nearly a century and three-quarters ago.

The world is very different now. For man holds in his mortal hands the power to abolish all forms of human poverty and all forms of human life. And yet the same revolutionary beliefs for which our forebears fought are still at issue around the globe–the belief that the rights of man come not from the generosity of the state but from the hand of God.

We dare not forget today that we are the heirs of that first revolution. Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed to a new generation of Americans–born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage–and unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world.

Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty.

This much we pledge–and more.

To those old allies whose cultural and spiritual origins we share, we pledge the loyalty of faithful friends. United there is little we cannot do in a host of cooperative ventures. Divided there is little we can do–for we dare not meet a powerful challenge at odds and split asunder.

To those new states whom we welcome to the ranks of the free, we pledge our word that one form of colonial control shall not have passed away merely to be replaced by a far more iron tyranny. We shall not always expect to find them supporting our view. But we shall always hope to find them strongly supporting their own freedom–and to remember that, in the past, those who foolishly sought power by riding the back of the tiger ended up inside.

To those people in the huts and villages of half the globe struggling to break the bonds of mass misery, we pledge our best efforts to help them help themselves, for whatever period is required–not because the communists may be doing it, not because we seek their votes, but because it is right. If a free society cannot help the many who are poor, it cannot save the few who are rich.

To our sister republics south of our border, we offer a special pledge–to convert our good words into good deeds–in a new alliance for progress–to assist free men and free governments in casting off the chains of poverty. But this peaceful revolution of hope cannot become the prey of hostile powers. Let all our neighbors know that we shall join with them to oppose aggression or subversion anywhere in the Americas. And let every other power know that this Hemisphere intends to remain the master of its own house.

To that world assembly of sovereign states, the United Nations, our last best hope in an age where the instruments of war have far outpaced the instruments of peace, we renew our pledge of support–to prevent it from becoming merely a forum for invective–to strengthen its shield of the new and the weak–and to enlarge the area in which its writ may run.

Finally, to those nations who would make themselves our adversary, we offer not a pledge but a request: that both sides begin anew the quest for peace, before the dark powers of destruction unleashed by science engulf all humanity in planned or accidental self-destruction.

We dare not tempt them with weakness. For only when our arms are sufficient beyond doubt can we be certain beyond doubt that they will never be employed.

But neither can two great and powerful groups of nations take comfort from our present course–both sides overburdened by the cost of modern weapons, both rightly alarmed by the steady spread of the deadly atom, yet both racing to alter that uncertain balance of terror that stays the hand of mankind’s final war.

So let us begin anew–remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof. Let us never negotiate out of fear. But let us never fear to negotiate.

Let both sides explore what problems unite us instead of belaboring those problems which divide us.

Let both sides, for the first time, formulate serious and precise proposals for the inspection and control of arms–and bring the absolute power to destroy other nations under the absolute control of all nations.

Let both sides seek to invoke the wonders of science instead of its terrors. Together let us explore the stars, conquer the deserts, eradicate disease, tap the ocean depths and encourage the arts and commerce.

Let both sides unite to heed in all corners of the earth the command of Isaiah–to “undo the heavy burdens . . . (and) let the oppressed go free.”

And if a beachhead of cooperation may push back the jungle of suspicion, let both sides join in creating a new endeavor, not a new balance of power, but a new world of law, where the strong are just and the weak secure and the peace preserved.

All this will not be finished in the first one hundred days. Nor will it be finished in the first one thousand days, nor in the life of this Administration, nor even perhaps in our lifetime on this planet. But let us begin.

In your hands, my fellow citizens, more than mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty. The graves of young Americans who answered the call to service surround the globe.

Now the trumpet summons us again–not as a call to bear arms, though arms we need–not as a call to battle, though embattled we are– but a call to bear the burden of a long twilight struggle, year in and year out, “rejoicing in hope, patient in tribulation”–a struggle against the common enemies of man: tyranny, poverty, disease and war itself.

Can we forge against these enemies a grand and global alliance, North and South, East and West, that can assure a more fruitful life for all mankind? Will you join in that historic effort?

In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility–I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavor will light our country and all who serve it–and the glow from that fire can truly light the world.

And so, my fellow Americans: ask not what your country can do for you–ask what you can do for your country.

My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man.

Finally, whether you are citizens of America or citizens of the world, ask of us here the same high standards of strength and sacrifice which we ask of you. With a good conscience our only sure reward, with history the final judge of our deeds, let us go forth to lead the land we love, asking His blessing and His help, but knowing that here on earth God’s work must truly be our own.

Handwritten Draft by JFK of his inaugural address