Tag: chief justice

11/8/19

The Court Moves Right

The Court Moves Right
But judges have a lot of unlearning to do.
Myron Magnet
Autumn 2019

Less than a decade ago, surveying the shambles that half a century’s judicial activism and judicial abdication had made of the Framers’ original Constitution, such insightful commentators as Philip Howard and Mark Levin feared that only a new constitutional convention could fix the mess. Not a full replay of the 1787 drama, but something almost as drastic—the amending convention that the Constitution’s Article V outlines. Its terms allow two-thirds of state legislatures to name a council empowered to frame a balanced-budget or income-tax-limit amendment, say, or—most important—to repeal unconstitutional laws, regulations, and Supreme Court decisions. Three-quarters of the legislatures would then need to ratify such measures.

Now, though, the advent of Justices Neil Gorsuch and Brett Kavanaugh has reshaped the Supreme Court enough to stop such despondent talk. While the decisions announced at the end of the Court’s term in June, marking the first year with both new justices on the bench, don’t amount to a stampede toward the Right, they display a wholesome focus on what the Constitution and statutes actually say. The Nine are “redirecting the judge’s interpretive task back to its roots, away from open-ended policy appeals and speculation about legislative intentions and toward the traditional tools of interpretation that judges have employed for centuries to elucidate the law’s original public meaning,” Gorsuch explained in a June opinion. “Today, it is even said that we judges are, to one degree or another, ‘all textualists now.’ ” And that’s already a quiet revolution. Continue reading →

12/16/13

Visiting John Jay’s Homestead

When John Jay retired after two terms as governor of New York in June 1801, after serving as the first chief justice of New York State and of the United States, as president of the Continental Congress, as secretary for foreign affairs, and—most important—as the U.S. diplomat who stamped his vision on America’s foreign policy for generations to come, he moved into a plain yellow house in Katonah, at the northern edge of Westchester County. Even though he’d lived in one of New York City’s grandest mansions, he didn’t want a “seat,” his son wrote; he wanted a plain farmhouse, just like his neighbors’. The only difference between his house and hundreds more built in America in the first two decades of the nineteenth century was that it was a bit bigger—and built like Old Ironsides. As one friend said of the solidity of the house and its furnishings, and of Jay’s religiously upright life—“all his conduct seemed to have reference to perpetuity in this world and the next.”
Have a look at this slideshow of the John Jay Homestead. Just click on the photo:

John Jay Homestead
John Jay Homestead



Though we now best remember Jay as our first chief justice, his most important accomplishment was as a diplomat. He negotiated the Treaty of Paris that ended the Revolutionary War. Ignoring Congress’s instructions to coordinate closely with America’s French allies and keep French diplomats informed of all his communications with British negotiators, Jay quickly understood that France and America had different interests and aims in the final peace settlement. France wanted America to be a much smaller and weaker country than Americans hoped for–a country surrounded by hostile powers, at loggerheads with England, and thus perpetually dependent on France. Consequently, Jay negotiated with his British counterparts without informing the French foreign ministry of his actions and intentions, and at last succeeded in getting agreement to a treaty that left America a much bigger and more powerful nation than France had wanted and that even Congress had thought possible.
Here are the signatures on the Treaty of Paris, including those of Jay’s fellow American commissioners, who played minor and unimportant roles in hammering out the treaty, as well as that of British negotiator David Hartley.
Signatures on Treaty of Paris