Posted on 09/17/2007 5:06:54 AM PDT by Miami Vice
Commemorating the 220th anniversary of the ratification of the Constitution of the United States in Philadelphia in 1787
Something remarkable was broadcast on TV recently. Supreme Court Justice Stephen Breyer, a Clinton appointee and one of the most liberal members of the court, was teaching a class about the Constitution. He was asked what his favorite Supreme Court case is.
Justice Breyer replied that it was Cooper v. Faubus. He related how, while giving a Soviet paratroop officer a tour of the Supreme Court, this person asked that very same question. Breyer cited Cooper v. Faubus because it was the case that prompted President Eisenhower to send U.S. paratroopers to Little Rock, Ark., and enforce the Supreme Court decision to desegregate the Little Rock schools.
Then-Arkansas Gov. Orval Faubus, a Democrat, was blocking the entrance to Little Rock's Central High School to prevent the attendance of some African-American students and was using the police to help him - according to Breyer, that is. Since the Russian military officer was a paratrooper, Breyer felt he would appreciate Eisenhower's use of paratroopers to enforce a judicial order. He also felt that this case was an excellent example of how our government works.
However, Justice Breyer erred. There is no Cooper v. Faubus Supreme Court case. There is a Cooper v. Aaron case, in which the Supreme Court ruled that the Little Rock School District must desegregate. There is an 8th Circuit Court case, Faubus v. United States, in which the Eisenhower administration obtained an order enjoining Gov. Faubus and the Arkansas National Guard - not the police, as Breyer said - from blocking the admission of the African-American students.
Is Breyer's error an indication of his lack of legal scholarship or his qualifications to be a Supreme Court Justice? No, it just means he is a fallible human being.
Why is this important? Because today, Sept. 17, is Constitution Day, a special day commemorating the 220th anniversary of the ratification of the Constitution of the United States in Philadelphia in 1787.
This event has rightly been called the "Miracle in Philadelphia." It was the first, and still is the finest, example of a written government constitution ever. It has served as a model for others ever since. Our Constitution ensured that America was a land of liberty for freedom for all - even if it took a while to get us there, as the Cooper and Faubus cases demonstrate.
It has been said that the history of Western civilization can be told by the history of five cities: Jerusalem, Athens, Rome, London and Philadelphia. It is because of our Constitution (as well as the Declaration of Independence and the Articles of Confederation) that the city of Philadelphia is included in this list.
Justice Breyer's mistake while teaching the class about the Constitution accomplished two things. One he intended and one he did not.
First, what Justice Breyer inadvertently did is demonstrate that even the most learned among us and those entrusted with ensuring our liberties can make mistakes. People make errors. Sometimes those errors are significant, and sometimes they are not.
This is one reason why the Constitution limits the power of government and has a system of checks and balances. No one person, or group of people, can misinterpret the law or usurp authority to tyrannize others. The judicial branch could not impose its will, in the Little Rock desegregation incident, without the consent of the executive branch.
The second thing Justice Breyer did was provide an excellent example, by citing the intervention of the federal government for the desegregation of the Little Rock School District, of how, in our federal system, states have laws and the federal government has laws. The federal law supersedes the state law.
Sometimes this is good, as it was in the Cooper and Faubus cases. Sometimes it is not, as it was in the case of Groves v. Slaughter.
Groves v. Slaughter involved the enforcement of an amendment to the Constitution of the state of Mississippi prohibiting the importation and sale of slaves in Mississippi after May 1833. A person bought a slave and then refused to pay for him, saying the transaction occurred after slaves were not allowed to be sold.
The Supreme Court ruled that a statute had to be enacted by the state for the amendment to be effective and that the sale was valid. Interestingly enough, the decision included an opinion affirming the right of the states to prohibit slavery, a form of state's rights that would be counterintuitive today.
While Justice Breyer was a little shaky about the details, he was correct that Faubus and Cooper are probably two of the most significant Supreme Court cases of modern times. They should be included along with Brown, Gideon and other famous Supreme Court cases because they illustrate the essence of our government.
Michael P. Tremoglie is an advisor to the presidential campaign of Representative Duncan Hunter, who is seeking the nomination of the Republican Party. He was formerly director of managed care at Temple University Health Sciences Center.
He quals must be questioned if his favorite case does not even exist.
If one cites something as one's favorite about what one is expected to be an authority (i.e. a Supreme Court justice and a Supreme Court decision) and that something never existed, that shows an appalling lack of scholarship and dare I say competence.
Betcha Scalia or Thomas wouldn't make that mistake.
And if they did I betcha we'd be hearing about it.
Anyone who has ever heard Breyer take questions after a speech or listened to him in a debate with Scalia would never think of him as a legal scholar. Frightening to realize some of the mental midgets who have sat on our Supreme Court.
The concept of Federal and State supported higher education is becoming a politically contentious issue, and is not being seen as "the essence" of our governments functions.
-- Not to mention enforcing federal law with troops.
Michael P. Tremoglie is an advisor to the presidential campaign of Representative Duncan Hunter, --
I like Hunter, and I think he could find better advisors.
Faubus and Cooper have nothing to do with education. Know what you’re talking about before you post.
From the article you posted:
There is a Cooper v. Aaron case, in which the Supreme Court ruled that the Little Rock School District must desegregate.
There is an 8th Circuit Court case, Faubus v. United States, in which the Eisenhower administration obtained an order enjoining Gov. Faubus and the Arkansas National Guard - not the police, as Breyer said - from blocking the admission of the African-American [school] students.
Take your own advice; v"--- Know what you're talking about before you post. -- "
Your post said “ The concept of Federal and State supported higher education is becoming a politically contentious issue, and is not being seen as “the essence” of our governments functions.”
The cases have nothing to do with government supporting education like I said no what you’re talking about.
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