If This Be Treason by Jeremy Duda

Author:Jeremy Duda
Language: eng
Format: epub
ISBN: 9781493024025
Publisher: Lyons Press
Published: 2016-07-19T16:00:00+00:00

Footnotes

* Berger wrote this in 1909, referring to the 1905 revolution that forced Czar Nicholas II to establish a new legislative body, the Duma, and a new constitution, not the bloodier and more famous Bolshevik revolution of 1917.

* Article III, Section 2 of the Constitution permits “judicial stripping” of Supreme Court jurisdiction, and there are some precedents for such an action, one of which in particular inspired Berger to include that provision in his pension bill. In 1868, William McCardle, a Mississippi newspaper publisher, challenged his military imprisonment under the 1867 Military Reconstruction Act for a series of allegedly “incendiary and libelous” articles. The Supreme Court heard his appeal for a writ of habeas corpus, but before the court could rule, Congress repealed a provision of the act that granted the court the authority to hear the case (Miller, 82; Ex Parte McCardle. 74 US 506. Supreme Court of the United States. 1868).

* Berger was defeated in that special election by Irvine Lenroot, the “man who might have been president.” Warren Harding wanted Lenroot to be his running mate in 1920, but the delegates to the Republican National Convention chose Massachusetts governor Calvin Coolidge instead. Had Harding succeeded in choosing his vice president, the progressive Lenroot would have become America’s thirtieth president upon Harding’s death in 1923.

* The provision of the Fourteenth Amendment that the committee cited in denying Berger his seat had already been repealed by the time of his ouster. The amendment allowed for Congress to remove that provision with a two-thirds vote, which it did in 1898.

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