Andrew Jackson

Conflict Between Presidents And Chief Justices Quite Common Historically

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It is well known that President Barack Obama and Chief Justice John Roberts do not have a warm relationship, with Roberts chosen by George W. Bush, with Obama voting against his confirmation, and with the two men having totally different ideological views. Despite that, and the annoyance of Roberts over Obama’s condemnation of the Supreme Court for the Citizens United case of 2010, Roberts saved “ObamaCare” in June 2012, legitimizing it for the future, and gaining the anger of Republicans and conservatives. Who can say for sure how the relationship between Obama and Roberts will develop in the second term, and whether Roberts will surprise with more support of the administration than just the health care issue?

But the fact of their antagonism is not new in American history, as it is actually quite common that the Chief Justice is picked by a President of one ideological view, and will often clash with a future President of another party during his tenure on the Court.

The examples of such antagonism, far worse than the Obama-Roberts relationship, follow:

Thomas Jefferson and Chief Justice John Marshall (appointed by John Adams), on the Marbury V Madison case of 1803, dealing with Judicial Review. They were also distant cousins, who personally disliked each other.

Andrew Jackson and Chief Justice John Marshall (appointed by John Adams), on the removal of the Cherokee and other Indian Tribes after the Worcester V. Georgia and other similar cases in the 1830s.

Abraham Lincoln and Chief Justice Roger Taney (appointed by Andrew Jackson), over the Dred Scott V Sanford case in 1857, and the President’s use of war powers during the Civil War years until Taney’s death in 1864.

Franklin D. Roosevelt and Chief Justice Charles Evans Hughes (appointed by Herbert Hoover), over Supreme Court decisions during the New Deal years, and specifically FDR’s Court “Packing” Plan in 1937.

Richard Nixon and Chief Justice Earl Warren (appointed by Dwight D. Eisenhower), who Nixon had criticized in earlier years, and were rivals in California politics,and Warren trying to leave office under Lyndon B. Johnson, so Nixon would not replace him, but unable to do so due to controversy over Johnson’s nomination of Associate Justice Abe Fortas in 1968, leading to rejection, and Warren’s replacement, Warren Burger, being chosen by Nixon in 1969.

Bill Clinton and Chief Justice William Rehnquist (appointed by Ronald Reagan), who had major disagreements on policy, but Rehnquist conducted himself well at the Bill Clinton Impeachment Trial in 1999.

So the antagonism and rivalry of Presidents and Chief Justices is nothing new!

Chief Justices And The Presidential Oath Of Office

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Just a day and two away from the next quadrennial historic moment of a Chief Justice giving the oath of office to the President of the United States, it is interesting to look at the history of Chief Justices and Presidents they have sworn in.

The record of the most Presidents sworn in by a Chief Justice is Roger Taney, appointed by Andrew Jackson,who swore into office a total of seven Presidents–Martin Van Buren, William Henry Harrison, James K. Polk, Zachary Taylor, Franklin Pierce, James Buchanan, and Abraham Lincoln. And Lincoln was a great antagonist of Taney.

However, Chief Justice John Marshall, appointed by John Adams, had more total swearings into office of Presidents–a total of nine times–Thomas Jefferson twice, James Madison twice, James Monroe twice, John Quincy Adams once, and Andrew Jackson twice. And all but John Quincy Adams were his antagonists.

Then we have Chief Justice William Howard Taft, the 27th President of the United States, who as the appointee of Warren G. Harding, swore in Presidents Calvin Coolidge and Herbert Hoover.

And we have a former Presidential nominee, Charles Evans Hughes, who as Chief Justice, chosen by Herbert Hoover, swore in Franklin D. Roosevelt three times, and was a major antagonist of FDR and his Court “Packing” Plan.

And we have Chief Justice Earl Warren, appointed by Dwight D. Eisenhower, who swore in Ike, John F. Kennedy, Lyndon B. Johnson, and Richard Nixon, with Nixon being a major antagonist of Warren.

Finally, we have Chief Justice John Roberts, who has had a difficult relationship with Barack Obama, and who messed up the Inaugural oath in 2009 and had to redo it the next day for accuracy; made clear his annoyance at Obama’s criticism of the Citizens United decision in his State of the Union Address in 2010; and yet backed ObamaCare in June 2012, legitimizing it for the future and saving it from extinction. Still, Roberts is no “friend” of Obama.

And of course, some extremists talk of impeaching Roberts just for the act of swearing in Obama as President for the second time. But Roberts will not be deterred from his responsibility to do this, although in reality, any Justice or judge could swear in the President of the United States.

Second Term Presidencies Are Difficult: The Odds Against Success Of Barack Obama!

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When one examines two term Presidencies, it is clear that there is a great likelihood of disappointment and failure as the President becomes a “lame duck”, and particularly, so after the midterm elections, as everyone looks forward to the race for his successor in office.

The following Presidents had difficult second terms:

Thomas Jefferson–with the Chesapeake Affair
James Madison–with the British attack on Washington DC during the War of 1812
Ulysses S. Grant–with the Panic of 1873 and exposure of the Credit Mobilier scandals
Grover Cleveland–with the Panic of 1893 and the Pullman Strike
Woodrow Wilson–with the First World War and the Treaty Of Versailles and his stroke
Franklin D. Roosevelt–with the failure of the Supreme Court “Packing” Plan and Recession Of 1937-1938
Harry Truman–with the Korean War and the Red Scare (McCarthyism)
Richard Nixon–with the Watergate Scandal
Ronald Reagan–with the Iran-Contra Scandal
Bill Clinton–with the Monica Lewinsky Scandal and the Impeachment Trial
George W. Bush–with the Iraq and Afghanistan Wars and Hurricane Katrina and failed attempt to privatize Social Security

The only Presidents to have successful second terms were:

George Washington
James Monroe
Andrew Jackson
Theodore Roosevelt
Dwight D. Eisenhower

Barack Obama hopes to bring about:

Immigration Reform Legislation
Gun Control Legislation
Climate Change Legislation
Stability in International Affairs

The likelihood of success is very doubtful, however, with so much division, conflict, turmoil, and polarization, caused by the Tea Party Movement and the Republican control of the House of Representatives.

At most, Obama might be able to promote changes in the judiciary, particularly on the Supreme Court, if vacancies occur, as is expected, but even there, it is assured there will be major battles over every appointment, and the possibility of filibustering nominees.

This reality is already showing itself with the interference and opposition to Susan Rice to be Secretary of State, before she was ever considered for nomination, and now Chuck Hagel, a possible choice for Secretary of Defense, who despite being a Republican, has already built up major opposition in the party that he represented in the Senate for 12 years from the state of Nebraska!

There seems the likelihood that no matter what Obama does or says, he will have vehement opposition, not only during the first two years, but even in his last two years as a “lame duck”, having less influence each month as the Presidential Election Of 2016 approaches!

Barack Obama Should Be Added To List Of “Transformative” Presidents

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As 2012 nears an end, it is appropriate to add President Barack Obama to a short list of “transformative” Presidents, Chief Executives who have had a major impact on the nation in a way that makes them historic figures who have changed the politics of America for the long term!

The list of “transformative” Presidents is short and would include the following:

Thomas Jefferson
Andrew Jackson
Abraham Lincoln
Theodore Roosevelt
Franklin D. Roosvelt
Lyndon B. Johnson
Ronald Reagan
Barack Obama

Each of the eight Presidents listed above changed our political system in a way that lasted way beyond their time, and it seems likely that Obama will have the same impact electorally!

Just as Thomas Jefferson co-opted the Federalist Party agenda; Andrew Jackson created a party of the masses; Abraham Lincoln saved the nation in the Civil War and made the Republican Party the dominant national party; Theodore Roosevelt made “progressivism” a term and a movement that would be pursued by Woodrow Wilson and others later on; Franklin D. Roosevelt would save the nation from the Great Depression via the New Deal, and World War II, and make the Democratic Party the dominant national party; Lyndon B. Johnson would transform the nation on civil rights and Medicare; Ronald Reagan would make conservatism the dominant national ideology for nearly thirty years; so will Barack Obama transform the nation on health care, gay rights, the growing role of women and minorities, and in fighting the war on terrorism!

There were Jeffersonian Democratic-Republicans; Jacksonian Democrats; Lincolnian Republicans; TR Progressives; FDR Democrats; Johnson Loyalists of the Great Society; Reaganite conservatives; and now Obama Democrats who will affect the future for decades, as his predecessors did!

We are, indeed, living in very historic times!

Barack Obama Joins A Unique “Fraternity”: Presidents Who Have Won A Second Term In The White House!

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Barack Obama last night joined a unique “fraternity”—Presidents who have won a second term in the White House.

The following Presidents won a second term:

George Washington
Thomas Jefferson
James Madison
James Monroe
Andrew Jackson
Abraham Lincoln
Ulysses Grant
Grover Cleveland (with one term in between where he won popular vote, but lost the electoral vote in 1888)
William McKinley
Woodrow Wilson
Franklin D. Roosevelt (who won 4 terms before 22nd Amendment was added to the Constitution)
Dwight D. Eisenhower
Richard Nixon
Ronald Reagan
Bill Clinton
George W. Bush
Barack Obama

So 17 Presidents, out of 43 who have held the office, have had a second term.

Of course, Lincoln, McKinley and Nixon failed to finish their second term, with the first two assassinated, and Nixon resigning.

This is a select group, a little more than 40 percent of our Presidents, but what it offers is the likelihood that Obama will end up in the top ten of our Presidents if he has any major success in his second term!

Charisma And The Presidency: The Interesting Views Of Dean Keith Simonton

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Dr . Dean Keith Simonton, Professor of Psychology at the University of California, Davis, has come up with an intriguing discussion of Charisma and the Presidency.

Having done research over a period of years on this topic, Simonton spoke on National Public Radio, and surprised listeners, including the author, by saying that early Presidents would not be considered to have charisma, as many of them hated speaking before large audiences, had a tendency to be shy and nervous in public gatherings, and would have had problems, therefore, being elected in the modern era. This would include George Washington, John Adams, Thomas Jefferson, and James Madison.

Only Andrew Jackson would be likely to seen as charismatic in a modern sense in the 19th century, meaning even Abraham Lincoln would not fit the image of being charismatic.

Modern Presidents who Simonton would consider charismatic would include Theodore Roosevelt, Franklin D. Roosevelt, John F. Kennedy, Lyndon B. Johnson, Ronald Reagan and Bill Clinton. So he would consider only SEVEN Presidents as having had charisma by his definition.

Putting Lyndon B. Johnson on the list is quite surprising, and those not put on the list include Woodrow Wilson and Barack Obama, also quite unexpected.

There is much room for thought here, with the definition of charisma itself in dispute, if Lincoln, Wilson and Obama are not judged to make the list, while LBJ is on the list.

Maybe it is because Lincoln, Wilson and Obama are all reserved, introverted types in the minds of psychologists, while Jackson, TR, FDR, JFK, LBJ, Reagan and Clinton are all, clearly, extroverts!

In any case, interesting and fascinating concept to think about and discuss!

Special Commemorative Issue Of Newsweek On “The 10 Best American Presidents” (Of The 20th Century And 21st Century)!

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Newsweek Magazine this week came out with a special commemorative issue, dealing with the American Presidency since Theodore Roosevelt. It is well worth investigating and purchasing by all political junkies and Presidential followers!

Since the issue only deals with “modern” Presidents, Abraham Lincoln, George Washington, Thomas Jefferson, Andrew Jackson and James K. Polk, usually rated the best Presidents before 1900 in that order, are not discussed.

Instead, there is a look at the 19 Presidents from Theodore Roosevelt to Barack Obama, and it is certain that most Republicans and conservatives will have “problems’ with the discussion and ranking that Newsweek provides!

The rankings of the top ten by historians are as follows:

Franklin D. Roosevelt
Theodore Roosevelt
Lyndon B. Johnson
Dwight D. Eisenhower
Woodrow Wilson
Harry Truman
Bill Clinton
John F. Kennedy
Ronald Reagan
Barack Obama

Note that seven of the top ten are Democrats, and only three Republicans are listed! And only Eisenhower and Reagan would not be considered “liberal” or “progressive” Presidents!

There is plenty of room for debate by all scholars, and most ratings of the modern Presidents would not put Johnson, Eisenhower, Wilson and Clinton so high; and Truman, Kennedy and Reagan so low, and even having Obama in the top ten!

But notice that one does not see “conservative” Presidents Harding, Coolidge and Hoover mentioned, and only Jimmy Carter and George H. W. Bush are even picked in the “public’ poll, from the other nine Presidents who served since 1900, eliminating Johnson and Wilson altogether!

The “public” list of the top ten is as follows:

Ronald Reagan
Bill Clinton
Franklin D. Roosevelt
John F. Kennedy
Barack Obama
Harry Truman
Theodore Roosevelt
Dwight D. Eisenhower
Jimmy Carter
George H. W. Bush

The knowledge base and expertise of the “public” is obviously far less than the experts, as the ranking is very different!

The “public” poll, disagreeing in many ways with the historical experts, still shows that “conservative” Presidents other than Reagan do not make the list—not only Harding, Coolidge, and Hoover, but also Taft, Nixon, Ford, and the second Bush! And the case could be made that Eisenhower and the first Bush were not really “conservative”!

First Ladies are also surveyed, and specific elections are discussed, and David Frum, a conservative, gives thumbs up to a Democrat, Harry Truman, while Sean Wilentz, a liberal, gives justice to a Republican, George H. W. Bush.

This issue is great food for thought!

Hardball, Knuckleball Political Campaigning: Part Of The American Tradition!

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Right or wrong, hardball and knuckleball political campaigning is part of the American tradition, and is nothing new in 2012.

We can go back to the origins of political parties in the 1790s, with the Federalists and Democratic Republicans at each other’s throats, beginning with John Adams and Thomas Jefferson nasty toward each other in 1796 and 1800.

Andrew Jackson and John Quincy Adams, and Jackson against Henry Clay, is another example widely reminiscent of hardball, knuckleball campaigning.

Abraham Lincoln and Stephen Douglas went at each other, and after the Civil War, the Republicans looked at the Democrats as “traitors”!

When the progressives became prominent, conservatives went on the counterattack and have not stopped, under Woodrow Wilson, Franklin D. Roosevelt, Harry Truman, John F. Kennedy, Lyndon B. Johnson, Jimmy Carter, Bill Clinton, and now Barack Obama.

The no holds barred attack by the right wing, including McCarthyism in the 1950s and again now with Michele Bachmann and others, is finally getting a full measure of counterattack by the Democrats and liberals and progressives, as they have come to realize that being a civil campaigner does not work, and only emboldens the opposition.

Sadly, many people are turned off to this attack and counterattack, but it is not going to go away, and for anyone to decide not to vote because of this is the height of irresponsibility, as even with disgust with both sides and their tactics, it still does matter who wins and who controls power!

To sit on the sidelines is a horrible mistake at at time when the future is so uncertain, and requires all citizens to participate!

Which Presidents Would Belong On A Second Mount Rushmore?

Ronald 7 Comments

This morning, on MORNING JOE on MSNBC, there was a fascinating three hour discussion on the American Presidency, to commemorate the Fourth of July national holiday.

Joe Scarborough and Mika Brzezinski had many distinguished guests, journalists and historians, to analyze the office and the 43 men who have held that position.

Three distinguished historians–Doris Kearns Goodwin, Jon Meacham, and Evan Thomas–gave their view of which Presidents would be appropriate for a second Mount Rushmore, if such a momument were ever to be built in South Dakota or elsewhere.

Their selections were certainly fascinating, controversial, and highly debatable.

Goodwin’s list was Franklin D. Roosevelt, Harry Truman, Lyndon B. Johnson, and Ronald Reagan.

Meacham’s list was Andrew Jackson, Franklin D. Roosevelt, John F. Kennedy,and Ronald Reagan.

Thomas’s list included Franklin D. Roosevelt, Dwight D. Eisenhower, Ronald Reagan, and George H. W. Bush.

So FDR and Reagan are on all three lists, and would certainly please progressives and Democrats on the one hand, and conservatives and Republicans on the other hand.

But there the disagreements begin, and lead to a total of six other Presidents being listed–Jackson, Truman, Ike, JFK, LBJ, and Bush No. 41.

One wonders if there has been disrespect shown toward Woodrow Wilson, who had such a long range impact on the office of the Presidency, although there has been a lot of criticism directed toward him over the years.

One also wonders about the famous “obscure” President, James K. Polk, who gained more territory in his one term than anyone other than Thomas Jefferson.

Also, the question arises whether Bill Clinton will see his historical stock rise as the years go by, to the point of possibly being a candidate for a second Mount Rushmore.

If this author and blogger were queried about his choices, the Presidents he would select would be to agree totally with Doris Kearns Goodwin: FDR, Truman, LBJ, and Reagan!

But now the reader can chime in with his or her views about a second Mount Rushmore, and the more the merrier!

The Bicentennial Of The War Of 1812 On Monday

Ronald 4 Comments

Two centuries ago tomorrow, the United States declared war on Great Britain, its first war as a nation, its first declaration of war in American history.

The declaration of war under President James Madison was a bold and unfortunate gesture, as America was ill equipped to fight the greatest naval power in the world, and our former colonial masters.

The war would see the burning of the White House and Capitol Hill in August, 1814, our first internal invasion, followed by the Japanese attack on Pearl Harbor, Hawaii on December 7, 1941, and the attack by Al Qaeda on the World Trade Center in New York, and the Pentagon in Washington, DC on September 11, 2001.

The war would have its heroes, including Andrew Jackson, who won the major battle of the war at New Orleans, a few weeks after the formal ceasefire, but before knowledge of it was available.

The War of 1812 has been called the Second War for Independence, with America turning inward after the war, and expanding across the continent, and not engaging in war with a foreign power from Europe again until the brief Spanish American War of 1898, and made only a major commitment to overseas warfare a century after the War of 1812, during the last 19 months of World War I.

The War of 1812 has also been called the “Sorry Little War”, since it was not a bright moment for America militarily, and James Madison is regarded as a weak wartime President, despite the greatness of his career otherwise.

While relations between America and its former colonial master would be tense much of the time for the next century until World War I, we would never again fight Great Britain in war, and since World War II in particular, our greatest friend and ally has been Great Britain!

While not a war of significance long term as the Civil War, or the two World Wars, and not a war with territorial gains, as with the Mexican War and the Spanish American War, it is appropriate that we commemorate this bicentennial event in a respectful manner!