Usual Fireworks Expected with Latest Supreme Court Selection

This photograph, signed by Supreme Court Chief Justice William H. Taft and the eight associate justices, circa 1927, sold for $14,340 at a September 2011 Heritage auction.

By Jim O’Neal

It is that time again when the news will be filled with predictions of pestilence, war, famine and death (the Four Horsemen of the Apocalypse) as President Trump tees up his next candidate for the Supreme Court. One side will talk about the reversal of Roe v. Wade as an example of the terrible future that lies ahead. The other side will be quick to point out that this fear-mongering first started in 1981 when Sandra Day O’Connor (the first woman to serve on the court) was nominated by President Reagan and that nothing has happened in the intervening 37 years.

My prediction is that regardless of whoever is confirmed, there will be no evidence from the past on any opinions on “Roe” and he or she will have been groomed by the “Murder Boards” to answer that it is settled law. Murder Boards are groups of legal experts who will rehearse the nominee on how to answer every possible question the Senate Judiciary Committee might ask on any subject, not just Roe, in their role in giving advice and consent. It produces what former Vice President Joe Biden described as a “Kabuki dance” when he was in the Senate.

The questioning does produce great public theater, but it is a tradition that dates to 1925 when nominee Harlan Stone actually requested he be allowed to answer questions about rumors of improper ties to Wall Street. It worked and he was confirmed by a vote of 71-6 and would later serve as Chief Justice (1941-46). In 1955, John Marshall Harlan II was next when Southern Senators wanted to know his views on public school desegregation vis-à-vis Brown v. Board of Education. He was also successfully confirmed 71-11 and since then, every nominee to the court has been questioned by the Senate Judiciary Committee. The apparent record is the 30 hours of grilling Judge Robert Bork experienced in 1987, when he got “Borked” by trying to answer every single question honestly. Few make that mistake today.

Roe v. Wade was a 1973 case in which the issue was whether a state court could constitutionally make it a crime to perform an abortion, except to save the mother’s life. Abortion had a long, legal history dating to the 1820s when anti-abortion statues began to appear that resembled an 1803 law in Britain that made it illegal after “quickening” (start of fetal movements) using various rationales such as illegal sexual conduct, unsafe procedures and the state’s responsibilities in protecting prenatal life.

The criminalization accelerated from the 1860s and by 1900, abortion was a felony in every state. Despite this, the practice continued to grow and in 1921, Margaret Sanger founded the American Birth Control League. By the 1930s, licensed physicians performed an estimated 800,000 procedures each year. In 1967, Colorado became the first state to decriminalize abortion in cases of rape, incest or permanent disability of the woman. By 1972, 13 states had similar laws and in 1970, Hawaii was the first state to legalize abortion on the request of the woman. So the legal situation prior to Roe was that abortion was illegal in 30 states and legal in the other 20 under certain conditions.

“Jane Roe” was an unmarried pregnant woman who supposedly wished to terminate her pregnancy and instituted an action in the U.S. District Court for the Northern District of Texas. A three-judge panel found Texas criminal statues unconstitutionally vague and the right to choose to have children was protected by the 9th through the 14th Amendments. All parties appealed and on Jan. 22, 1973, the Supreme Court ruled the Texas statute was unconstitutional. The court declined to define when human life begins.

Jane Roe’s real name was Norma McCorvey and she became a pro-life advocate before she died and maintained she never had the abortion and that she was the victim of two young, ambitious lawyers looking for a plaintiff. Henry Wade was district attorney of Dallas from 1951 to 1987 and the longest serving DA in United States history. He was also involved in the prosecution of Jack Ruby for killing Lee Harvey Oswald. After he was convicted, Ruby appealed and the verdict was overturned, but he died of lung cancer and is constitutionally presumed innocent.

Stay tuned for the fireworks.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Fillmore Among Presidents Who Juggled Balance Between Free and Slave States

This folk art campaign banner for Millard Fillmore’s failed 1856 bid for the presidency sold for $11,950 at a June 2013 Heritage auction.

By Jim O’Neal

On his final day in office, President James Polk wrote in his diary: “Closed my official term of President of the United States at 6am this morning.”

Later, after one last stroll through the silent White House, he penned a short addendum: “I feel exceedingly relieved that I am now free from all public cares. I am sure that I will be a happier man in my retirement than I have been for 4 years ….” He died 103 days later, the shortest retirement in presidential history and the first president survived by his mother. His wife Sarah (always clad only in black) lived for 42 more lonely years.

Fillmore

The Washington, D.C., that greeted his successor, General Zachary Taylor (“Old Rough and Ready”), still looked “unfinished” – even after 50 years of planning and development. The Mall was merely a grassy field where cows and sheep peacefully grazed. The many plans developed in the 1840s were disparate projects. Importantly, the marshy expanse south of the White House was suspected of emitting unhealthy vapors that were especially notable in the hot summers. Cholera was the most feared disease and it was prevalent until November each year when the first frost appeared.

Taylor

Naturally, the affluent left the Capitol for the entire summer. Since the Polks had insisted on remaining, there was a widespread belief that his death so soon after departing was directly linked to spending the presidential summers in the White House. The theory grew even stronger when Commissioner of Public Buildings Charles Douglas proposed to regrade the sloping fields into handsome terraces under the guise of “ornamental improvement.” Insiders knew the real motive was actually drainage and sanitation to eliminate the foul air that hung ominously around the White House. (It’s not clear if Donald Trump’s campaign promise to “drain the swamp” was another effort or a political metaphor.)

President Taylor was inaugurated with a predictable storm of jubilation since his name was a household word. After a 40-year career in the military (1808-1848), he had the distinction of serving in four difference wars: War of 1812, Black Hawk War (1832), Second Seminole War (1835-1842), and the Mexican-American War (1846-1848). By 1847, Taylormania broke out and his picture was everywhere … on ice carts, tall boards, fish stands, butcher stalls, cigar boxes and so on. After four years under the dour Polk, the public was ready to once again idolize a war hero with impeccable integrity and a promise to staff his Cabinet with the most experienced men in the country.

Alas, a short two years later, on July 9, 1850, President Taylor became the second president to die in office (William Henry Harrison lasted 31 days). On July 4, after too long in the hot sun listening to ponderous orations and too much ice water to cool off, he returned to the White House. It was there that he gorged on copious quantities of cherries, slathered with cream and sugar. After dinner, he developed severe stomach cramps and then the doctors took over and finished him off with calomel opium, quinine and, lastly, raising blisters and drawing blood. He survived this for several days and the official cause of death was cholera morbus, a gastrointestinal illness common in Washington where poor sanitation made it risky to eat raw fruit and fresh dairy products in the summer.

Vice President Millard Fillmore took the oath of office and spent the rest of the summer trying to catch up. Taylor had spent little time with his VP and then the entire Cabinet submitted their resignations over the next few days, which Fillmore cheerfully accepted. He immediately appointed a new Cabinet featuring the great Daniel Webster as Secretary of State. On Sept. 9, 1850, he signed a bill admitting California as the 31st state and as “a free state.” This was the first link in a chain that became the Compromise of 1850.

The Constitutional Congress did not permit the words “slave” or “slavery” since James Madison thought it was wrong to admit in the Constitution the idea that men could be considered property. In order to get enough states to approve it, it also prohibited Congress from passing any laws blocking it for 20 years (1808), by which it was assumed slavery would have long been abandoned for economic reasons. However, cotton production flourished after the invention of the cotton gin and on Jan. 1, 1808, President Thomas Jefferson signed into law that “Congress will have the power to exterminate slavery from our borders.”

This explains why controlling Congress was key to controlling slavery, so all the emphasis turned to maintaining a delicate balance whenever a new state was to be admitted … as either “free” or “slave.” Fillmore thus became the first of three presidents – including Franklin Pierce and James Buchanan – who worked hard to maintain harmony. However, with the election of Abraham Lincoln in 1860, it was clear what would happen … and all the Southern states started moving to the exit signs.

A true Civil War was now the only option to permanently resolving the slavery dilemma and it came with an enormous loss of life, property and a culture that we still struggle with yet today. That dammed cotton gin!

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

President Lincoln Understood Technology and Adapted

This photograph of Abraham Lincoln was among 348 Civil War albumen images in a collection that sold for $83,650 at a December 2010 Heritage auction.

By Jim O’Neal

Presidents have always been challenged to communicate their policies and priorities to the public. As the political party system evolved, newspapers became more partisan depending on their level of editorial bias – usually due to strong-willed owners/editors – forcing administrations to devise creative ways to deliver unfiltered messages.

In the 20th century, President Wilson established the first presidential press conference in March 1913. All of his predecessors have continued using this innovation with only minor variants. FDR used “Fireside Chats” to help ease public concerns during the Great Depression, using bromides like, “The only thing we have to fear is fear itself” or explaining how the banking system works to restore confidence in the financial system.

President Eisenhower preferred off-the-record sessions with reporters and heavily edited film clips.

Then by 1960, with 87 percent of households having televisions, people could tune in twice a month and see the young, telegenic JFK – live and uncut – deliver his aggressive agenda for America. Up until then, press conferences were strictly off the record to provide the opportunity to correct any gaffes or poorly phrased answers to difficult questions. President Truman once told reporters “the greatest asset the Kremlin has is Senator [Joe] McCarthy” … but the quote was reworded before being released!

President Trump has adopted modern technology to bypass the media and communicate directly to anyone interested (which includes his base and the frustrated media). Daily WH briefings have become increasingly adversarial as many in the media are in various stages of open warfare, especially The New York Times and CNN. The 24/7 news cycle allows viewers to choose media that are consistent with their personal opinions and the result is a giant echo-sphere.

In the 19th century, President Lincoln was often confronted with extreme press hostility, especially by the three large newspapers in NYC, which attacked him personally and for his failing Civil War policies, particularly after the Civil War Draft Riots. Lincoln retaliated with dramatic letters in 1862-63 – ostensibly to New York Tribune editor Horace Greeley, but also strategically to all newspapers to reach a far wider audience. At the very least, he reduced editorial influence and in doing so revolutionized the art of presidential communications.

And then it was suddenly Nov. 19, 1863, at Gettysburg, Pa. What Lincoln said that day has been analyzed, memorized and explained … but never emulated. The only flaw was the prediction that “The world will little note, nor long remember, what we say here …”

The compactness and concision of the Gettysburg Address have something to do with the mystery of its memorability. It was 271 words. It had 10 sentences, the final one accounting for a third of the entire length; 205 words had a single syllable; 46 had two; 20 had three syllables or more. The pronoun “I” was never uttered. Lincoln had admired and seen at once the future of the telegraph, which required one to get to the point, with clarity. The telegraphic quality can be clearly heard in the speech – “We cannot dedicate, we cannot consecrate, we cannot hallow this ground.” Rhythm, compression, precision … all were emphasized.

Perhaps the most overshadowed speech in history was the one featured as the main event that day: Edward Everett’s oration. He was a Harvard man (later its president), a professor of Greek, governor of Massachusetts, and ambassador to England. Everett’s two-hour speech (13,607 words) was well received. Lincoln congratulated him.

Afterward, in a note to Lincoln, Everett wrote: “I should be glad to flatter myself that I came as near to the central idea of the occasion, in two hours, as you did in two minutes.” Lincoln’s grateful reply concluded with “I am pleased to know that in your judgment, the little I did say was not a failure.”

Not bad for a man traveling with the fever of a smallpox infection! 

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

National Debt on Automatic Pilot to More Growth

A letter by President George W. Bush, signed and dated July 4, 2001, sold for $16,730 at an April 2007 Heritage auction.

By Jim O’Neal

In May 2001 – just 126 days after President George W. Bush took office – Congress passed his massive tax proposal. The Bush tax cuts had been reduced to $1.3 trillion from the $1.65 trillion submitted, but it was still a significant achievement from any historical perspective. It had taken Ronald Reagan two months longer to win approval of his tax cut and that was 20 years earlier.

George W. Bush

Bush was characteristically enthusiastic about this, but it had come with a serious loss in political capital. Senator James Jeffords, a moderate from Vermont, announced his withdrawal from the Republican Party, tipping control of the Senate to the Democrats, the first time in history that had occurred as the result of a senator switching parties. In this instance, it was from Republican to Independent, but the practical effect was the same. Several months later (after the terrorist attacks on the World Trade Center and the Pentagon), there was a loud chorus of calls to reverse the tax cuts to pay for higher anticipated spending.

Bush had a counter-proposal: Cut taxes even more!

Fiscal conservatives were worried that there would be the normal increase in the size and power of the federal government, lamenting that this was a constant instinctive companion of hot wars. James Madison’s warning that “A crisis is the rallying cry of the tyrant” was cited against centralization that would foster liberal ideas about the role of government and even more dependency on the federal system.

Ex-President Bill Clinton chimed in to say that he regretted not using the budget surplus (really only a forecast) to pay off the Social Security trust fund deficit. Neither he nor his former vice president had dispelled the myth about a “lock box” or explained the federal building in Virginia that had been built exclusively to hold government IOUs to Social Security. In reality, they were simply worthless pieces of scrip, stored in unlocked filing cabinets. The only changes that had ever occurred with Social Security funds were whether they were included in a “unified budget” or not. They had never been kept separate from other revenues the federal government received.

But this was Washington, D.C., where, short of a revolution or civil war, change comes in small increments. Past differences, like family arguments, linger in the air like the dust that descends from the attic. All of the huge surpluses totally disappeared with the simple change in the forecast and have never been discussed since.

Back at the Treasury Department of 15th Street, a statue to Alexander Hamilton commemorates the nation’s first Treasury Secretary, a fitting honor to the man who created our fiscal foundation. But on the other side stands Albert Gallatin, President Thomas Jefferson’s Treasury Secretary, who struggled to pay off Hamilton’s debts and shrink the bloated bureaucracy he built.

Hamilton also fared better than his onetime friend and foe, James Madison. The “Father of the Constitution” had no statue, no monument, no lasting tribute until 1981, when the new wing of the Library of Congress was named for him. This was a drought that was only matched by John Adams, the Revolutionary War hero and ardent nationalist. It was only after a laudatory biography by David McCulloch in 2001 that Congress commissioned a memorial to the nation’s second president.

Since the Bush tax cut and the new forecast, the national debt has ballooned to $20 trillion as 9/11, wars in Iraq and Afghanistan, and the 2008 financial meltdown produced a steady stream of budget deficits in both the Bush and Barack Obama administrations. The Donald Trump administration is poised to approve tax reform, amid arguments on the stimulative effect on the economy and who will benefit. In typical Washington fashion, there is no discussion over the fact that the national debt is inexorably on automatic pilot to $25 trillion, irrespective of tax reform. But this is Washington, where your money (and all they can borrow) is spent almost with no effort.

“Just charge it.”

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Best Way to Revamp Income Tax Might Be a Do-Over

A 1917 World Series Program, featuring President Woodrow Wilson on the cover, sold for $4,800 at a May 2017 Heritage auction.

By Jim O’Neal

In 1912, after 16 years in the wilderness, Democrats seized control of Congress and the White House, with Woodrow Wilson as their leader. To their disappointment, the new president kept celebrations to a minimum. He delivered a brief inaugural address on March 4, 1913, canceled the inaugural ball, and reviewed the parade with stoic forbearance. This is not a day of triumph, he declared, but a day of dedication. And it was a day to muster the forces of humanity, not the forces of party.

Wilson went on to produce the greatest outpouring of social legislation Americans had ever experienced, during a brief period when the ruling class would use Hamiltonian means of a strong federal government to bring about Jeffersonian ideals of egalitarianism. His presidency would transform the American banking and currency system, create new industrial and farm policies, and expand the protection of America’s natural resources. But the first accomplishment was lowering tariffs and enacting an income tax – reforms aimed directly at middle-class pocketbooks.

Wilson and his associates sincerely believed that the federal government needed to serve as a counterweight to corporate wealth and an aggressive agent to help ordinary citizens. Wilson’s legacy is often cited as a fateful turning point when “do-gooders” harnessed the income tax to both raise revenues to grow government and to redistribute the wealth of Americans in a way they viewed as more fair. Yet at the outset, no one could foresee that war, not social justice, would start an inexorable rise in taxes that would thwart all the moral absolutism dreamed about.

Starting the day after his inauguration, Wilson called Congress into an extraordinary session for a historic assault on the tariff system by delivering his message personally in the first presidential appearance inside the Capitol since the days of President Jefferson. Although he recognized the challenge he faced due to conservative committee barons who dominated Congress, despite being Democrats, Wilson stood with his progressives and intended to use his executive power to the fullest. By September, the Senate actually passed a tariff bill that helped consumers … a historical first.

However, there was the small issue of how to plug the $100 million loss of revenue that was created. And so we now meet the federal income tax, which turned employers into tax collectors. New York’s The Sun summed up the opposition by arguing that income taxes were repugnant except in times of great national emergency and charged “it amounted to taxation of the few for the benefit of the many.” Advocates claimed it was merely a way to tap the “surplus” income of the rich – “over and above the amount necessary for good living.”

On May 8, 1913, the House approved the first income tax that would actually take effect since 1872, when Congress repealed Civil War-era taxes. But the Senate disagreed, with some senators opposing the “confiscation of property under the guise of taxation” and others saying “No honest man can make war upon great fortunes per se.” The war of words continued until a law was passed that affected fewer than 4 percent of Americans, with working-class people virtually excluded. A 1 percent rate on $20,000-$50,000 graduated up to 6 percent on $500,000 and above. There was also a 1 percent flat tax on corporations.

After two years, everyone seemed angry at Wilson for doing either too much or too little. Feeling besieged, he entertained a fantasy of putting on a beard and sneaking out of the White House prison, or putting a sign in front of his office: “Don’t shoot! He’s doing his best.” The reform agenda was mobilizing to act when…

In June, a shot rang out at Sarajevo.

World War I would eventually cost the United States $50 billion and the federal budget grew from $742 million in 1916 to nearly $14 billion in 1918. Excise taxes and tariffs had been providing 90 percent of federal revenue and this was limited. What to do?

Thus started the long story of the U.S. income tax, which at one point grew to 90 percent and has become so complex not even the IRS knows with certainty what lurks on all 50,000 pages of highly technical jargon (or even if 50,000 pages is accurate!). It grows each day … as does the debt that is back in the news.

My recommendation to President Trump is to simply start over, since every effort to reform only adds more pages and complexity. Take a blank piece of paper and write down “Need 18 to 20 percent of GDP to run federal government. Question: What is the best way to get this money and do the least damage in the process?” Answer: Find three smart people to figure it out, then just do it … fast.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Marie Antoinette Swept Away by Conditions that Rocked European Landscape

An oil on canvas of Marie Antoinette, after Elisabeth Louise Vigée-Lebrun (1755-1842), realized $10,755 at a November 2010 auction.

By Jim O’Neal

It is hard to ignore the significance of July 14, despite my previous recap of the key events that took place in Paris over 200 years ago when revolutionaries and mutinous troops stormed the Bastille, the royal fortress and prison (with only seven inmates) that symbolized the tyranny of monarchy. It was an event that degenerated into a chaotic bloodbath, but shaped modern nations by exhibiting the power inherent in the will of the common man.

However, I felt a tinge of sympathy for President Donald Trump when I saw pictures of him at dinner last week at the Eiffel Tower (at the Jules Verne restaurant). There is nothing quite so boring as a three-plus-hour dinner at a Michelin-starred French restaurant. I also presume that with President Emmanuel Macron playing host, the kitchen really exaggerated the occasion since he appears to share the classic pomp and monarchical tendencies that got his predecessors in trouble.

This especially includes the last Queen of France, Marie Antoinette, the 14-year-old Austrian princess who had the misfortune of wedding the last King of France, Louis XVI, since they both got their heads chopped off. Their marriage was intended to seal the alliance between longtime enemies Austria and France, following the end of the Seven Years’ War.

Marie Antoinette was born in 1755 in Vienna, Austria, the daughter of the Holy Roman Emperor Francis I and Maria Theresa, the powerful Habsburg Empress. The teen bride-to-be had been delivered to the French on May 7, 1770, and then escorted to the Palace of Versailles, where she met her husband-to-be, Dauphin Louis-Auguste, a 15-year-old boy with a medical condition that rendered him impotent for several years. Eventually, the couple had four children.

The king lost his head on Jan. 21, 1793. Nine months later, a Revolutionary Tribunal found the queen guilty of treason, sexual promiscuity and a phony charge of having incestuous relations with her son Louis-Charles. The trial lasted two days and the tribunal unanimously condemned her to death. On Oct. 16, 1793, the executioner entered her cell wearing a red hood; he sheared off her hair to ensure a quick, clean cut of the guillotine blade.

He then lopped off her head as a boisterous crowd watched and cheered “Vive la nation!”

The 37-year-old queen has long been wrongly charged of responding “Let them eat cake” when told of starving peasants with no bread to eat. Some credit the phrase to philosopher Jean-Jacque Rousseau. I doubt she resents this final insult, but it does represent the conditions that fueled the revolution that rocked the European landscape in general.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Julius Caesar Still Influencing Culture 2,000 Years Later

Many Romans in 44 B.C. must have been stunned to see the image of Julius Caesar stamped on newly issued silver denarii. This example sold for $57,500 at a September 2011 Heritage auction.

By Jim O’Neal

Rome, “The Eternal City,” began as a cluster of small villages on seven hills by the River Tiber and grew into a city-state. According to legend, it was first ruled by kings, who were overthrown, before becoming a republic. A new constitution allowed the election of two senators to run the state. Their terms were limited to one year, as the office of king was prohibited.

It became remarkably successful between 500 and 300 B.C., extending its power through conquest and diplomacy until it encompassed the whole of Italy. By 120 B.C., Rome dominated parts of North Africa, the Iberian Peninsula, Greece and Southern France. The conquered territories were organized into provinces ruled by short-term governors who maintained order and ensured the collection of taxes.

By the 1st century B.C., Rome was a Mediterranean superpower, yet its long tradition of collective government, in which no individual could gain much control, was challenged by the personal ambitions of a few immensely powerful military men. A series of civil wars and unrest culminated in the dictatorship of Julius Caesar, a brilliant general and statesman.

Gaius Julius Caesar was born in Rome in 100 B.C. to a family of distinguished ancestry. From an early age, he grasped that money was the key to power in a political system that had become hopelessly corrupt. He also learned that forging a network of alliances and patronage would be crucial to his success.

After serving in the war to crush the slave revolt led by Spartacus, he returned to Rome in 60 B.C. and spent vast sums of money buying influence and positions. Eventually, he teamed up with two other powerful Romans, Crassus and Pompey, to form the First Triumvirate. Then Caesar was first consul and two years later, governor of Gaul, which gave him a springboard to true military glory.

Over the next eight years, he conquered Gaul, bringing the whole of France, parts of Germany, and Belgium under his personal rule. Buoyed by his achievements, he then tried to dictate the terms for returning to Rome. Roman laws required military leaders to relinquish control of their armies before returning to Rome, a prerequisite for running for public office.

When Caesar refused, the Roman Senate declared him hostis (public enemy) and then came the unthinkable: He decided to march his army on Rome! En route, he paused at the border between the Gallic provinces and Italy proper … a small river called the Rubicon. Acutely aware that crossing that river would constitute a declaration of war, he announced “alea iacta est” (the die is cast) and led his army forward, telling them, “Even yet we may draw back, but once across that little bridge, and the whole issue is with the sword.”

“Crossing the Rubicon” is still in vogue today and represents making a difficult decision that cannot be reversed once taken.

Obviously, Caesar won the ensuing civil war, but soon a conspiracy developed with 60 senators planning to assassinate him on March 15, 44 B.C. (the infamous “Ides of March”). What is curious is that even after more than 2,000 years, we find Caesar references so often. The latest is the flap over a play in NYC’s Central Park, Julius Caesar, in which the title character bears a not-so-subtle resemblance to President Trump, with The New York Times questioning whether he can survive living in Caesar’s Palace.

Et tu, Brute?

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Only Four Presidents Never Appointed a Supreme Court Justice

An 1840 silk banner depicting William Henry Harrison realized $33,460 at a May 2010 Heritage auction.

By Jim O’Neal

When Donald Trump’s appointee fills the Supreme Court vacancy created by the death of Justice Antonin Scalia, the chief executive will escape from a small group of presidents who did not appoint a single nominee confirmed by the Senate. Trump’s pick will join the other 117 justices, 17 chief justices and four women who have served on the court.

Presidents without a Supreme Court appointee:

  • William Henry Harrison (1841) – Died only 31 days after being inaugurated.
  • Zachary Taylor (1849-50) – Died 16 months after inauguration.
  • Andrew Johnson (1865-69) – Victim of a hostile Congress that blocked several nominees.
  • Jimmy Carter (1977-81) – The only president to serve a full term with no vacancies during his four years in office.

It seems clear that the Founding Fathers did not spend a lot of time considering the importance of the Supreme Court as an equal branch of government. That would come later during the tenure of Chief Justice John Marshall, who many credit with providing the balance to ensure that our fragile democracy survived.

One example is there are no legal or constitutional requirements for a federal judgeship. There does exist an unwritten prerequisite to have practiced law or to have been a member of the bar, but it is not mandatory. As a matter of historical record, no non-lawyer has ever been a member of the Supreme Court – and it is a virtual certainty that none ever will.

And, although the methodology for judicial appointments was subject to intense debate, the criteria for such appointments was apparently not a matter of significance. Those few delegates who did raise the issue of criteria did so by assuming merit over favoritism. Congress also did not foresee the role political parties would very soon come to play in the appointment and confirmation process.

Only John Adams clearly anticipated the rise of political parties but, of course, he was not a member of the Constitutional Committee. He summarized it rather well: “Partisan considerations, rather than the fitness of the nominees, will often be the controlling consideration of the Senate in passing on nominations.”

I suspect they would all be disappointed by the dramatic, partisan “gotcha” grilling that nominees face today.

Personally, I would prefer the old process the Scots used to select Supreme Court justices. The nominations came from the lawyers, who invariably selected the most successful and talented members of the legal community. This effectively eliminated their most fierce competition, which then allowed them to solicit their best customers. The court would then truly be assured of getting the best-of-the best, while the profession competed for clientele.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Teddy Roosevelt Brought Vim, Vigor and Vitality to the White House

theodore-roosevelt-exceptionally-rare-type-of-equality-button
Teddy Roosevelt political pins often illustrated the theme of “equality,” inspired by Booker T. Washington’s visit to the White House. This rare variant sold for nearly $9,000 at a November 2009 Heritage auction.

By Jim O’Neal

During his first year as president, Teddy Roosevelt left the White House as he had found it. But when the Roosevelts and their six lively children moved in, it had become obvious that there was insufficient room for both governmental offices and a family home. This prompted a complete remodeling, the first in nearly 100 years. Leading architects designed a new West Wing of executive offices that was joined to the main building by a colonnade. The second floor of the main building had the offices replaced by private bedrooms, sitting rooms and playrooms for the presidential family.

Like John Tyler, Millard Fillmore, Andrew Johnson and Grover Cleveland, Roosevelt had not been sent by the voters to live in the White House, having moved in only after the death of an elected president. He knew he lacked the public and party power to support the new international presidency that President William McKinley developed, yet he was destined to dramatize it to the world.

Born in 1858, he is (surprisingly) the only president born in New York City. The first new president of the 20th century and the youngest man to ever hold the office, he brought a vim, vigor and vitality to the White House that swept away any lingering cobwebs of the 19th century. Later, elected in his own right, Roosevelt began to act with an even bolder style than before. In his annual message to Congress in December 1904, he announced an expansion of the concept of the Monroe Doctrine that became known as the Roosevelt Corollary.

The Russo-Japanese War had been going on for more than a year when TR began efforts in 1905 as a mediator. He succeeded in getting the two nations to sign a peace pact in Portsmouth, N.H. On Dec. 10, 1906, he became the first American to win the Nobel Peace Prize.

One of the first controversial issues had occurred during his first year in office on October 16 when he held a “family supper.” Among the invited guests was the great educator Booker T. Washington, whose biography, Up From Slavery, was being widely read. The press reaction was instantaneous; this dinner guest was the hottest news since the McKinley assassination.

“Probably The First Negro Ever Entertained at the White House” screamed the headlines of the Atlanta newspaper, and many others were also harsh in their criticism. No African-American received a special invitation to the WH for many years.

It seems exquisitely delicious and ironic that a black family has had their “family meals” in the same White House over the past 2,800-plus nights and, importantly, anyone of any race is only there by their special invitation!

Things do change.

Jim O'NielIntelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is President and CEO of Frito-Lay International [retired] and earlier served as Chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Today’s Political Schisms Would Not Surprise George Washington

A painting by Jeremiah Paul Jr. (d. 1820) depicting George Washington taking leave of his family as he assumes command of U.S. forces during the “quasi-war” with France in 1798, realized $47,500 at a May 2015 Heritage auction.

By Jim O’Neal

George Washington was a staunch opponent of political parties due to the corrosive effect he (strongly) believed they would have on all levels of government.

As president, Washington worked hard to maintain a non-partisan political agenda, despite significant differences that existed right in his cabinet.

His 1796 farewell address was replete with advice to the country, and by extension, to future leaders. One prominent warning was to avoid the formation of political factions that would pose a danger to the effectiveness of government (think gridlock in Washington, D.C.). A second peril was entanglements with foreign governments, since they inevitably lead to war. The examples here start with the War of 1812, two World Wars, Korea, Vietnam and end with the Russian threats to NATO, the China Sea and the remarkably complex situation in the Middle East and North Korea.

After Washington’s retirement, John Adams and Alexander Hamilton ignored his sage advice and wasted little time confronting the Democratic-Republicans, headed by Thomas Jefferson and James Madison. Adams became the first (and last) Federalist president. He was easily defeated in 1800, after one term, by Jefferson and Aaron Burr. Adams finished a dismal third and the Federalists gradually faded into irrelevance.

The Democratic-Republicans put together a nice run of three Virginia presidents – Jefferson, Madison and James Monroe – however, the party lacked a strong center and split four ways. Next was an alliance between John Quincy Adams and Henry Clay of the National Republican Party, which only won a single election in 1824 that required the House to settle. When Andrew Jackson defeated Clay in 1832, the party was absorbed into the Whigs … a diverse group of anti-Jackson politicos.

Then the Whig Party fell apart in the 1850s over the issue of the expansion of slavery in the new territories. In fact, after the 1854 election, the largest party in the House of Representatives was the Opposition Party, with 100 members, followed by 83 Democrats and 51 American Party members (the Know Nothings).

These parties never seem to last long (thankfully).

Next it was the New Republican Party’s turn (the Party of Lincoln) until another major kerfuffle occurred in 1912 when Teddy Roosevelt and President William Howard Taft managed to divide the Republican Party enough to let Democrat Woodrow Wilson win the White House … until he had a stroke and his wife took over.

A century later, we appear to be in another political schism, with a socialist, Senator Bernie Sanders, on the Democrat Party side and on the other, Donald “The Wall” Trump, who claims to have part of the Republican Party supporting him. It is not clear which part.

Only one thing seems certain. Thanks to President Washington, we were warned!

P.S. As history teaches … this too shall pass.

Jim O'NielIntelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is President and CEO of Frito-Lay International [retired] and earlier served as Chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].