Word: hendrick
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BULWARK OF THE REPUBLIC-Burton J. Hendrick-Little, Brown...
...Presidents really "pack" the Court? Indeed yes, says Mr. Hendrick. As examples he cites Jefferson, Madison, Lincoln, Grant. Congress once packed it too, when it voted to limit the Court's membership to seven rather than let President Johnson fill the two vacancies. "That all Presidents 'pack' the Court by placing in it men sympathetic with their states of mind, the record shows." But Mr. Hendrick believes that in the long run the Supreme Court, no matter whether it is regarded as a packed trunk or a Pandora's box, reflects the changing voice, the unchanged...
...Author Hendrick was no petty popularizer, rushing into print to meet a political opportunity or beat the Liberty Bell. Neither New Dealers nor Republicans could make resounding political copy of his book, but New Dealers are sure to like it better. The burden of Mr. Hendrick's epic song is: Fear not. The Constitution has survived much worse storms than this one, is not really so much a bulwark as a life-raft-"a living and fluid instrument, built not for an age, but for all time, responsive to the needs of a changing world." He reminds gloomy headshakers...
...Constitution's history, as Mr. Hendrick reads it, is "from Nationalism to Nationalism." In 1787 the Founding Fathers compromised on a nationalistic form that was a body-blow to the Jeffersonians, State Righters, disbelievers in a strong central government. Today the Constitution is again the instrument of aroused Nationalism. "The new American government now in process of formation . . . really amounts to an attempt to create a new American world. . . . What may fairly be said is that the five decisions rendered [by the Supreme Court] on April 12, 1937, create a new United States...
...Impeachment [on unpopular President Andrew Johnson], put a quietus on another heresy that had broken out periodically since 1787. It was now determined, for all time, that impeachment was a trial, not to settle a political argument, but to establish crime." Had Johnson's impeachment succeeded, says Author Hendrick, the Presidency "would have been so diminished, would have so become the sport of legislators, that the constitutional fabric would have been shaken almost beyond repair." The U. S. would have had a government comparable to England's Parliamentary system, where the Executive and Judiciary would have...