During my lifetime, it has absolutely changed. Of course, presidents up
until the days of Roosevelt tried to pick out the most learned judges,
scholars and lawyers for appointment to the Supreme Court bench. They were considered non-political in character.
It was their responsibility to construe the Constitution and the law and
make decisions accordingly. Of course, during the early days of
Roosevelt's administration, the Congress passed a multiplicity of laws
and a good many of them were declared unconstitutional by the Supreme
Court of the United States. And Roosevelt, you remember, tried to pack
the Supreme Court by adding additional judges thereto. After long and
heated debate, Congress finally rejected that effort. Then nature took
its course, a lot of those judges started dying and some of them, I
believe, retired and it gave Roosevelt the opportunity to pack the
Supreme Court that the Congress had rejected. He started appointed
judges then not for what they knew, but for what they would do.
Unfortunately, that trend has continued. We have had a whole pattern and
series of decisions that have repudiated prior decisions that were valid
for more than a hundred years. We really had virtually a revolution in
this country as a result of the Supreme Court decisions. They have
changed our form of government completely. For instance, the Founding
Fathers, you know, were great students of history and they knew that all
democratic governments had within themselves the seeds of their own
destruction. So, they were determined to create a republican form of
government that wouldn't destroy itself. So, they delegated to the
federal government certain limited powers that only the federal
government could do or could do best. All other power and authority was
reserved to the states. Then, beginning with the Bell decision, as I
recall . . . or Baker decision about 1935, the Supreme Court held that
the Congress could legislate and appropriate in any area of public
welfare. That was the origin of the welfare state as we know it today
and every subsequent Congress has created new welfare programs,
delegated more power to Washington. As a result of
it now, we are swamped with letters and phone calls daily. I have got
eleven telephone lines coming into my office. My mail averages five or
six hundred letters a day. Sometimes all eleven of those telephone lines
are engaged at the same time. Virtually all the calls and all the
letters are some citizen that has a problem, sometimes real and
sometimes imagined, with a federal agency. So, I've got thirty people up
here on my staff in Washington and they stay busy all the time trying to
cut red tape. You've had a transition of power from your city halls and
your county courthouses and your state legislatures and your state
capitals to Washington. More and more of it is being brought up here
daily. Of course now, about one third of the gross national product of
this country goes to taxes in one form or another and even under those
conditions, the federal government last year and the present fiscal year
that we are in, the budgetary deficits are going to be approaching 150
billion dollars. That's the reason that we've had a decline in our
living standard, we've had an erosion in the power of the dollar, we
have a lack of confidence by the people in their government. It has
gotten so large and so complex and so far removed that people feel
alienated.