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tv   Book TV  CSPAN  March 10, 2012 9:15pm-10:00pm EST

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liberalism. using mobs like occupy wall street is stunningly consistent. >> host: chris christie has endorsed a romney. >> i haying on everything chris christie says i am the mitt romney bureau now. i am. i think it will be him. he is not ronald reagan. he is not running. he is the best alternative. and he has us demonstrated abilities to trick the liberals into voting for him [laughter]
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>> [no audio]
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i am delighted to have you here. friends and family and those interested in american history. i will speak about the book about 15 minutes then it answers some questions. first, i did a book on a liberal president, and the conservative court. have you heard of those?
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of course. not currently but franklin roosevelt and the hughes court of the 1930's. 75 years ago. win roosevelt announced the court packing plant that is the subject of my book that i will talk to in a moment. the clash between roosevelt and hughes added critical time in history is a great story and important one. raising the question that was important 75 years ago and today. if life tenure justices of the supreme court can thwart the will alternatively, if
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the elected president can try to been to the court to his political policy. those are the questions of today s 75 years ago. i will talk about roosevelt and hughes who were remarkable leaders of the 20th century. a great deal in common. both born in new york. both only children. both had doting parents. botha id the gadget jaded, roosevelt went to harvard. hughes went to brown. both were to term reform governors of new york. that is what was then, in. but the deal uncommon but
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roosevelt raised in gilded splendor in hyde park. his parents james and sarah took europe on a would curious extended summer tour every summer. he was sent to the preps go go -- school before matriculate being to harvard. roosevelt had a very comfortable life. use of the and son of a baptist minister who preached upstate new york. also new jersey. of family of modest means,
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and hughes was self-taught. that could be somewhat deceptive although his parents were educated, they were very, very vigorous teachers and taught turn the as he was called literature, history, foreign languages and math and his mother made him total line literally and schooled himself in mathematics and read deeply on his own. of the plan year of former -- formal school before he graduated ps 35 in new york city at the age of 12. he wanted to go to college but could not until he was 14.
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he took the roth. he heard about madison college in clinton new york then at the age of 14 charlie went to colgate and made superior grades. became restless and transferred to brown university review was five beta kappa lead to new year and graduated first in the class. his trajectory was slightly different. hughes was a prodigy. he had a photographic memory. a superior student even before school. it continued throughout his career but talk about
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roosevelt was quite in different. at harvard. nothing special. and his interest was the newspaper at harvard. he did not spend too much time studying. hughes studied law at columbia in new york city. at the top of his glass. the highest grade ever recorded on the new york bar. franklin flunked a couple of courses, never finished come up past the new york bar. hughes was a brilliant lawyer in private practice but also an investigator of corruption and mismanagement in the utilities and
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insurance field. a very cool and tough investigator. one ceo, when the question got tough, said, sir, we are missionaries serving the public interest. use said looking into exorbitant salaries, but the question is still the salaries of the missionaries [laughter] he made such a great impression on everybody it catapulted him into politics and elected governor of new york and reelected. franklin never cared for the practice of law. he did it for a short time. his talent was politics.
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you can see the contrast between the two of them as they went through their early careers. in then when franklin was assistant secretary of the navy consciously patterned with the derozan bell. he was elected to the legislature and t.r. had a secretary of the navy the canvas that is what happened after serving in the cabinet with the assistance it
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secretary went on to become vice president. and then appointed as associate justice by a howard taft. but he resigned 1916 become the republican candidate for president running against woodrow wilson. ultimate weight-loss california by 4,000 votes. went to bet the night of the lead sinn thought that he won. roosevelt thought hughes had one. also the next morning returns came in and it turned out will send one the
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election, barely. and as the assistant secretary of the navy then went back to practice privately in your city. but then becoming the vice-presidential candidate running with governor james cox of ohio. there we're entrapped by warren harding and calvin coolidge. at the same time then appointed secretary. one year later the fortune one goes up and one goes down.
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he convened a disarmament conference 1921. negotiated the 10 bid of warships from three major naval powers from united states, great britain and japan. of great day should great triumph. roosevelt 1921 was paralyzed from the waist down with polio. that would seem to be a promising career. in 1824 that he was this paralyzed. hughes goes up and roosevelt goes down. but then with that spirit,
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to have that political career again, the then madison and square garden he did with braces up his legs. then madison and square garden he did with braces up his legs. and the 16 year-old son james then made it to whatever less. but then he gave up a great speech and the crowd erupted and deliriously happy. not just of smith but franklin roosevelt as well. 1930 he was reelected by a landslide. then herbert hoover
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appointed chief justice of the united states to come together than by 1930 there was great talk of roosevelt as the democratic nominee for president. officially campaigning against hoover and beat him badly. franklin roosevelt decided to recite the entire both instead of saying i do. and he remarked it was interesting that one former new york governor wooded minister that both to the other. they each expressed great
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respect to each other and look forward to a common enterprise. roosevelt is inaugurated 1933. by this time making a strong record as a libertarian. he wrote important decisions protecting freedom of press and association what got him and roosevelt on the collision course was the constitutional challenges to the new deal legislation. particular franklin foer 35 vandam 1936. the hughes court would strike down one piece of new deal legislation after another. hughes was a centrist.
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not conservative or liberal. but he wanted in their worst way to keep the court to gather to have an image of integrity. he would try to mask the court. for example, the court in unanimously struck down the national recovery act administration. new deal legislation trying to spur the industrial sector of the economy. he was not so successful with the agricultural adjustment act that tried to spur the agricultural economy. sometimes he had most of the court with him and sometimes he did not. going back and forth coming he tried to project the notion of stability on the court.
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the newalliance treatment of the constitutional case went right past roosevelt. he was furious over every single decision, the court made up of three liberals led by a judge judge brandeis and also justice cardoza and justice doan. and use and his fellow who for appointees justice roberts was in the middle. but roosevelt one the election in a landslide. he thought about doing something about the conservative court for a long time. constitutional amendment
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amendment, legislative statutes or even a court packing plant to a point* additional justices to be more sympathetic to the new deal legislation. early 1937 come on the heels of this reelection victory, roosevelt announces his plan february and 37. he was concerned, i he said, the justices were worn down, too old, they needed more justices with more energy and he would appoint them. he could appoint one justice for every justice over 70 years old. six of the justices were
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over 70 years old including chief justice use. [laughter] nobody was fooled and his proposal. the attempt to undercut the conservative court to try to restore the new deal constitutionally. hughes said nothing publicly was furious. asking it -- ast by the senate judiciary committee and he would write a letter, i he did. it was completely up to date and if there were additional justices if it came at 15 it would slow down the work rather than speeded up
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because more conferences, all opinions, more time. he thought it was a good idea. the plan was resoundingly defeated. and then to say he was the best politician in the country. the very effective the did that. 1937 through 1940 naboth continued to the. roosevelt was defeated hughes was inundated with appointees.
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roosevelt appointed five members in three years. he was surrounded by a new appointees but yet he himself continue to the the court. frankfurter, who was the confidante of justice stone during the worst part of destruction of the new deal he was gaining in his criticism. he considered him one of the great chief justice of all time. compared to toscanini and mastery of constitutional cases. so hughes continued to lead even though he was outnumbered had great admiration and eshoo been a new constitutional error
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that they began to extend civil-rights and liberty and they began to defer to congress to social legislation. roosevelt still mad on the court packing plant and refused to talk to some of the senators who were instrumental to defeat him then got on with the business of 38 and 39 trying to get aid to the allies but some of those giving aid to great britain but some of those opposed the court packing plan but roosevelt
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was up to the channel it -- challenge. he could get to churchill before the u.s. entered world war ii. also an 1941 knowing he was elected to the fourth term 1940 and it was instrumental to the allied victory but nonetheless refuse to give been never let anybody know he was as sick as he was. he died 1945.
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but there is a picture of hughes and his wife after the funeral service at the white house. and he looked absolutely distraught. despite their clashes they had great affection for roosevelt so it seems to me after the 2012 and the parallels between the two presidents in a court's opening up for questions. roosevelt like obama was a reformed democratic president.
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both were willing to new challenge the court certainly roosevelt did but showing at the day the union he will is willing to challenge the justices on the campaign finance. i have no doubt the roberts court strikes down the health care law coming up next month, i think president obama would be critical publicly. will he propose the court packing plant? [laughter] obama is a keen student of
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american history. he knows most historians rate to the plant as one of the things he did as president. what about the hughes court and roberts court? both u.s and roberts were brilliant warriors before appointed to the court but i would suggest withrt but i would suggest with their politics and constitutional interpretation. but as governor of new york, the internationalist, secretary of state, he wanted to pull
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the court together and not ideological in his decisions. and then consistently aligned himself with the most conservative members of the court. with the polarizing issues of campaign finance and affirmative-action. i do believe with the campaign of what is at stake with the future of the court. it will probably have at
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least one or maybe more appointments. four members are over 70 years old. during the next term there are at least two appointments, a good chance the future direction of the court is determined by many years to come and also the future of the nation. there are historical lessons to be learned but it is a fascinating story of two leaders of america been government in the 20th century. thank you. i will take questions. [applause]
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>> you said at the beginning of the social logical background, how does that affect their relationship on the court? the heather is -- the other is the supreme court packing. that is a lesson for barack obama but what are the issues from their time together that obama's should study and learn from and what should he do to influence the court? >> with terms of their background didn't have the effect on their relationship?
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i don't think so. even though growing up in splendor, he had such a capacity to reach out to farmers and blue-collar workers he loved talking to people and use growth been a very modest circumstances. he was not humble as the intellectual. blast as far as i know there
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is no arrogance in terms of resentment or class. what obama's might learn from studying my book "fdr & chief justice hughes". [laughter] i think he would already know to his temperament niches more prudent and considered. i think obama's is much more survey brawl. except for the court packing plant. play he could go route to study what roosevelt did in terms of questioning publicly.
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with the constitutional decisions rendered by ideological conservatives those three interested in conservative results this was roosevelt's few so he could look stra strategically e could look strategically to get that point* across. >> who brought the cases? >> it would not surprise you you brought the health care cases those who are politically opposed to the industry shin in power.
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there were a number of cases brought some of them have been active in the legislation but many of those were brought by those who were critical of the new deal. what particular statutes were struck down? one was a national recovery of ministration that was said major statute industrial recovery act. it was the broad-based statute to deal with industrial coverage. that is an act that tried to
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deal with the agricultural sector. and a number of others as well. up and down the spectrum and talk about a recent issue of "the new yorker" suggested by rick perry about possible term limits of the court and that would provide a greater balance? >> i read that. it is not going anywhere. but even with a court packing plant, reelected in a landslide 1936.
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and then not to mess with the institution of the supreme court of united states. that would be even more so of today. as voters as a whole agree with all these decisions but they respect the institution as it is. >> roosevelt and hughes? a lot. born 1862, roosevelt born 1880. 81 as an aggressive republican in. make it was assassinated he
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came home and remember his father said if you were called by it -- killed i would feel no worse than i do today. they were a happily married couple. >> of follow-up question about the supreme court to presidents want to get rid of them almost like the monarchy. do you think they should be elected 1/2 term limits? this is my bread and butter. i don't want to give too much to the court.
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[laughter] i don't think they should be elected. they should have that security and then to have great controversy as there was in the thirties and there is today. more often and then got the court goes about its business in a professional way. they have a way to work themselves out. the court struck down many new deal statutes but within five years roosevelt appointed a number of justices and most of the elevator economic legislation was up howled. it goes in cycles. >> interested in a
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presidential decision 1941 to remove thousands of japanese americans from their home many were citizens and then put to in concentration camps. i wonder in your research if you have the reasoning behind the liberal president allowing that to happen? >> roosevelt issued the executive order that have these on the west coast there was a terrible decision on his part. hall but it was sustained by the u.s. supreme court. hughes was no longer on the
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court but hugo black, william douglas, frankfurter were in the majority basically the constitutionality of the executive orders. why? they were patriots they thought it was important. the military said there is a danger for sabotage from japanese-americans and inclined to defer to the military. it was the terrible decision. although no longer chief justice but the court talent -- chance to downgrade civil liberties during the world war.
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national security becomes the number one issue. >> was that case brought? >> it was heard and decided 1943. the great challenge and great displacement of3 great displacement of japanese-americans where the court rendered in several decisions one of the most important was the decision where they gave the military and the executive the liberty to deprive japanese-americans of their liberty.
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>> return named to the similarities is that of the constitutional argument to strike down the new geo legislation referred to by the roberts court with the scope of executive power? >> one of the many decisions of the hughes court if congress exceeded the ability to regulate interstate commerce. if it could do regulations across state lines, that is one of the arguments of the health care bill coming up for argument next month.
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can't congress exceeded its authority? most of the president's cut congress many that chief justice u.s wrote gave congress more leeway to regulate interstate commerce that became a common cause doctrine over the next few years. but this is a polarized court. there is precedence the other way. it will be interesting to see what happens. thank you very much. [applause]
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