11 November, 2025
Compromise a Repost because of the Shutdown
Our shared sociopolitical history demonstrates that Ishii Itaro was correct when he asserted, “in diplomacy, as in politics in general, compromise is essential; the interests of the opposition cannot be ignored. Give and take is crucial. One must think in terms of fifty-fifty, not seventy-thirty."
Associate Justice of the Supreme Court of the United States Robert Houghwout Jackson highlighted the centrality of compromise and moderation to the sustainability of the Republic in his work published posthumously in 1955 and reprinted in 1963 entitled The Supreme Court in the American System of Government. In his discussion of President Lincoln’s suspension of the Writ of Habeas Corpus and Chief Justice Taney’s response in Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861), Justice Jackson contended that neither the President, nor the Chief Justice accorded the concerns of the other with the weight they deserved, and in effect unintentionally caused further damage to a nation rent asunder by war.
Had Mr. Lincoln scrupulously observed the Taney policy I do not know whether we would have had any liberty, and had the Chief Justice adopted Mr. Lincoln's philosophy as the philosophy of the law, I again do not know whether we would have had any liberty (Jackson 1955, 76).
The Founders intended the Constitution to be an organic document capable of addressing itself not only to their concerns, but as a document to protect succeeding generations. However, we must remain vigilant and guard against any interpretations that render the text too expansive or too restrictive such that it becomes useless and meaningless.
"Now it is argued that these cases are distinguishable, because they arose under an act of Parliament which was not limited by any Constitution. So, indeed they were, and if our Constitution embalms inflexibly the habits of 1789 there may be something to the point. But it does not; its grants of power to Congress comprise, not only what was then known, but what the ingenuity of man should devise thereafter. Of course, the new subject-matter must have some relation to the grant; but we interpret it by the general practices of civilized peoples in similar fields, for it is not a strait-jacket, but, a charter for a living people." Reiss v. National Quotation Bureau, Inc.
In order to ensure the continued stability of the United States both parties have an obligation to negotiate in good faith. A continuing resolution that does not address any Democratic Party priorities is not an example of negotiations that occurred in good faith. The President 's subsequent comments about the shutdown only serve to emphasize the fact that Republican leadership rejected outright any consideration of the priorities important to the Democratic minority.
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