Authoritarianism/Hardball

[LoAndEd at AOL.COM]

Sandy:  Is the same list that you no doubt intended to submit in response to
Mark T.'s post about constitutional "hardball"?

Marty L.


In a message dated 10/25/2002 6:53:27 PM Eastern Standard Time,
SLevinson at MAIL.LAW.UTEXAS.EDU writes:


> I offer the following chestnuts to begin the discussion.  I do not
> necessarily believe that all of them represent examples of "how various
> presidents have violated the constitution," but I certainly believe that
> all of them are live examples of *possible* violations:
>
> 1)  Jefferson's purchase of Louisiana in spite of the fact that he believed
> it was unconstitutional;
>
> 2)  Andrew Jackson's disdain for precedent expressed in his Bank Veto
> Message (written, of course, by Taney);
>
> 3)  John Tyler's decision to "change the rules in the middle of the game"
> after the treaty by which Texas would enter the Union failed of
> ratification in the Senate, so that he suddenly decided that Texas could be
> admitted through the "Admissions Clause" of Article IV;
>
> 4)  Lincoln's refusal to call Congress back into session prior to July 4,
> 1861'
>
> 5)  Lincoln's unilateral suspension of habeas corpus;
>
> 6)  Lincoln's emancipation of the (or at least, some) slaves;
>
> 7)  FDR's decision to approve "lend-lease" without congressional approval;
>
> 8)  Truman's decision to seize the steel mills prior to going through the
> Taft-Hartley process.
>
> I leave it to others to give their favorite examples with regard to Ike,
> JFK, LBJ, and their successors.
>
> sandy
>

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