Author Topic: Abraham Lincoln  (Read 473 times)

Zea_mays

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Re: Abraham Lincoln
« on: January 11, 2022, 12:03:24 pm »
Lincoln summed up in a single sentence:
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"He [Lincoln] knew the European doctrine that the king makes the gentleman; but he believed with his whole soul the doctrine, the American doctrine, that worth makes the man." - George William Curtis, The Good Fight (1865).

Another important thing about Lincoln is that he advocated against the stupid tradition of allowing the Supreme Court to be the final arbiter of how to interpret the Constitution (even before he was President during wartime conditions). The Supreme Court during Lincoln's time was arguably the most racist and anti-American it had ever been in US history, and Lincoln's views on it will be important with the current composition of the Supreme Court (which has already been called illegitimate by Democratic Party leaders!)


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Lincoln had already transformed the Constitution from a political compromise into a platform for defending moral principles

This interpretation lasted until at least 1991:
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Thurgood Marshall (July 2, 1908 January 24, 1993) was an American lawyer and civil rights activist who served as Associate Justice of the Supreme Court of the United States from October 1967 until October 1991. Marshall was the Court's first African-American justice. Prior to his judicial service, he successfully argued several cases before the Supreme Court, including Brown v. Board of Education.
[...]
Marshall wanted to study in his hometown law school, the University of Maryland School of Law, but did not apply because of the school's policy of segregation
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Marshall once bluntly described his legal philosophy as this: "You do what you think is right and let the law catch up",[27] a statement which his conservative detractors argued was a sign of his embracement of judicial activism.[28][29]
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In 1987, Marshall gave a controversial speech on the occasion of the bicentennial celebrations of the Constitution of the United States.[30][page needed] Marshall stated:

    ... the government they devised was defective from the start, requiring several amendments, a civil war and major social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today.[31][32]

In conclusion, Marshall stated:

    Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over much of what was wrong with the original document, and observe the anniversary with hopes not realized and promises not fulfilled. I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and other amendments protecting individual freedoms and human rights.[32]
https://en.wikipedia.org/wiki/Thurgood_Marshall


(Of course, to add insult to injury, Republicans replaced Marshall with an "Uncle Tom" whose wife was a Red Coup supporter.)

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Thomas is often described as an originalist and as a textualist.[115][116] He is also often described as the Court's most conservative member,[24][117][118]
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Some critics downplay the significance of originalism in Thomas's jurisprudence and claim Thomas applies originalism in his decisions inconsistently.[125][126][127][128] Law professor Jim Ryan and former litigator Doug Kendall have argued that Thomas "will use originalism where it provides support for a politically conservative result" but ignores originalism when "history provides no support" for a conservative ruling.[126]
https://en.wikipedia.org/wiki/Clarence_Thomas#Conservatism_and_originalism