As many of you probably know, President Obama, in his 2010 State of the Union speech, criticized the Supreme Court's decision in Citizens United. Most of the justices were present, and at least one, Alito, seemed upset by the criticism.
The President was himself criticized, and some rose to this defense, arguing that past presidents have also criticized the high court in their State of the Union addresses. I tweeted about this, relying on secondary sources. I in turn got called out by @JustPlainBill, who read the primary sources and challenged my conclusions. This led me to do some additional research, and this is what I found.
In 1922, Warren G. Harding said:
"Closely related to this problem of education is the abolition of child labor. Twice Congress has attempted the correction of the evils incident to child employment. The decision of the Supreme Court has put this problem outside the proper domain of Federal regulation until the Constitution is so amended as to give the Congress indubitable authority. I recommend the submission of such an amendment."
In 1923, Calvin Coolidge said:
"The Supreme Court needs legislation revising and simplifying the laws governing review by that court, and enlarging the classes of cases of too little public importance to be subject to review. Such reforms would expedite the transaction of the business of the courts. The administration of justice is likely to fail if it be long delayed."
In 1937, Franklin Roosevelt said:
"The Judicial branch also is asked by the people to do its part in making democracy successful. We do not ask the Courts to call non-existent powers into being, but we have a right to expect that conceded powers or those legitimately implied shall be made effective instruments for the common good.
The process of our democracy must not be imperiled by the denial of essential powers of free government."
In 1953, Dwight Eisenhower said:
"The Food and Drug Administration should be authorized to continue its established and necessary program of factory inspections. The invalidation of these inspections by the Supreme Court of December 8, 1952, was based solely on the fact that the present law contained inconsistent and unclear provisions. These must be promptly corrected."
In 1988, Ronald Reagan said:
"To those who say this violates a woman's right to control of her own body: Can they deny that now medical evidence confirms the unborn child is a living human being entitled to life, liberty, and the pursuit of happiness? Let us unite as a nation and protect the unborn with legislation that would stop all Federal funding for abortion and with a human life amendment making, of course, an exception where the unborn child threatens the life of the mother."
In 2010, Barack Obama said:
"With all due deference to separation of powers, last week, the Supreme Court reversed a century of law that I believe will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections. I don't think American elections should be bankrolled by America's most powerful interests, or worse, by foreign entities. They should be decided by the American people. And I'd urge Democrats and Republicans to pass a bill that helps correct some of these problems."
There may be more comments made by presidents during their State of the Union addresses, but these are all I was able to find.
My conclusion is that President Obama was much more direct in his criticism, though Reagan, who was referring to the Supreme Court's decision in Roe v. Wade, probably was the most outspoken in his condemnation. In any event, I thank @JustPlainBill for challenging me to look into this issue further, and I concede that he was correct in his criticism of my initial comments.
For the full text of these addresses, and more information than you ever wanted on the American Presidency, see The American Presidency Project.
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