Quote of the moment: Frankfurter, on due process

July 9, 2014

Supreme Court Justice Felix Frankfurter, The Collection of the Supreme Court of the United States (Artist: Gardener Cox).  Born Vienna, Austria, 1894. Died 1965.

Supreme Court Justice Felix Frankfurter, The Collection of the Supreme Court of the United States (Artist: Gardener Cox). Born Vienna, Austria, 1894. Died 1965. Associate Justice, 1939-1962

It is now the settled doctrine of this Court that the Due Process Clause embodies a system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society as conceived by our whole history. Due Process is that which comports with the deepest notions of what is fair and right and just.

♦  Justice Felix Franfurter, dissenting in
Solesbee v. Balkcom, 339 U.S. 9, 16 (1950)


July 9, 1850: Death of President Zachary Taylor; cue Millard Fillmore

July 9, 2014

President Zachary Taylor died on July 9, 1850.  The cause is still not fully clear, but poisoning by arsenic has been ruled out.

What would have happened had Taylor lived?

At the blog of the National Constitution Center, we get a few details of his death and life immediately preceding:

President Zachary Taylor’s death on July 9, 1850 shocked a nation that was in a heated debate about issues that eventually led to the Civil War. But his sudden passing also sidestepped two constitutional crises.

zachary-taylorThe details about how and why President Taylor died are still in dispute today. The president attended a ceremony at the site of the Washington Monument on July 4th on a reportedly hot summer day.

He fell ill soon after with a stomach ailment. His doctors gave him relief medication that included opium and later bled the president. Taylor died five days later at the age of 65.

Officially, he died from cholera morbus, and today, the prevalent theory is that Taylor suffered from gastroenteritis, an illness exacerbated by poor sanitary conditions in Washington.

There are other theories, including one where Taylor was poisoned by people who supported the South’s pro-slavery position. (In recent years, Taylor’s body was exhumed and a small, non-lethal amount of arsenic was found in samples taken from his corpse.)

It was Taylor’s unexpected opposition to slavery (he was from the South and was the last president to own slaves) that had caused an immediate crisis in 1850.

Taylor ran as a Whig candidate in 1848 and he wasn’t a professional politician. Taylor was a career military man and a hero in the war with Mexico.

Once he took office in March 1849, it became clear that Taylor, the military man, was more interested in preserving the Union than the art of politics.

Taylor decided to press for statehood for the newly acquitted territories of California and New Mexico, and to let the regions hold their own constitutional conventions. This guaranteed that California and New Mexico would join the Union as anti-slavery states, tipping the balance in the Senate to the North.

[more at the blog site]

In any case, Taylor died on July 9.

And on July 10, 1850, his vice president, Millard Fillmore, was sworn in as president.

No, that doesn’t mean the bathtub tale is true.

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