LAWYERS IN THE WHITE HOUSE ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ 2017 Seminar Material ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ S0117.17 New Jersey Institute for Continuing Legal Education A Division of the State Bar Association NJICLE.com c LAWYERS IN THE WHITE HOUSE Honorable Travis L. Francis, AJSC (New Brunswick) Honorable John A. (“Jay”) Jorgensen, II, JSC (New Brunswick) William (“Pat”) Schuber, Esq. Fairleigh Dickinson University (Teaneck) In cooperation with the New Jersey State Bar Foundation and the New Jersey State Bar Association Senior Lawyers Special Committee S0117.17 © 2017 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520. Table of Contents Page Lawyers in the White House 1 Presidential Lawyers The Law and Presidential Decision Making PowerPoint Presentation 3 Lawyers in the White House PowerPoint Presentation Honorable Travis Francis, A.J.S.C. Honorable John A. Jorgensen, J.S.C. William “Pat” Shuber, Esq. 41 2004 Rules of Professional Conduct 101 About the Panelists… 129 1 Lawyers in the White House The practice of law is the foundation of democracy in the United States. From the inception of the country in 1776 until the present, lawyers have played an integral role in the very life of the nation. Indeed, 25 of the 56 signers of the Declaration of Independence and 32 of the 39 signers of the Constitution were lawyers. The Constitution provides for three equal branches of government – the Executive, the Legislative, and the Judicial. Of course, the Judicial branch is comprised of lawyers. Many of the individuals serving in the U.S. House of Representatives and U.S. Senate have been lawyers. It should come as no surprise, then, that 26 of our 43 Presidents have been lawyers. Lawyers in the White House is an entirely new ICLE event focusing on attorneys who became President and the unique legal strategies every attorney can learn from their careers. Their pre- White House years are often glossed over in favor of their political achievements leading to the Oval Office. Yet, the legal training they received played an integral role in shaping their attitudes and beliefs once they became President. The practical experience they had was wide-ranged from the very active (Abraham Lincoln) to almost none at all (Woodrow Wilson). Through the biographical sketches provided on each of Lawyer/Presidents, you will learn how important the legal profession is to ensuring our country’s rich heritage. As an attendee, you’ll gain insight into the legal qualities of our Presidents that will impact your daily law practices. The office of President requires the occupant to render decisions with unique ethical considerations that require measuring the benefit against the public interest. For example, when Lincoln suspended the right of Habeas Corpus, that decision challenged one of the basic tenets of our constitutional republic. Presidential Lawyers are informed by their familiarity and practice of legal ethics when confronted with these issues. This program will also explore the interplay of these factors and how they manifested themselves during their respective administrations. 3 PRESIDENTIAL LAW YERS THE LAW AND PRESIDENTIAL DECISION MAKING 4 FRANKLIN PIERCE 14th President 1853-1857 5 Grover Cleveland's Law Office 6 Thoughts on the Law 7 8 9 10 11 Abraham Lincoln 16th President 1861-1865 12 Lincolns advice to lawyers 13 14 Thoughts on the law 15 Lincolns Law Office 16 Thoughts on the law 17 Thoughts on the law 18 Lincoln’s business card 19 Thoughts on the law 20 CHESTER A. ARTHUR 21st President 1881-1885 21 22 Thoughts on the law 23 Chester A. Arthur Career timeline 24 GROVER CLEVELAND 22d and 24th President 1885-1889 and 1893-1897 25 Thoughts on the law 26 Thoughts on the law 27 CALVIN COOLIDGE Thirtieth President 1923-1929 28 Thoughts on the law 29 Thoughts on the law 30 Thoughts on the law 31 Calvin Coolidge law office desk 32 Thoughts on the law •“War is the rule of force, and peace ids the reign of law.” 33 FRANKLIN D. ROOSEVELT Thirty-second President 1933-1945 34 Te r m : 32nd President of the United States (1933 – 1945) Bo r n : January 30, 1882, Hyde Park, New York Political Party: De mo cra t Die d : April 12, 1945 35 Thoughts on the Law • I described the American form of Government as a three horse team provided by the Constitution to the American people so that their field might be plowed. The three horses are, of course, the three branches of government ‐ the Congress, the Executive and the Courts. Two of the horses are pulling in unison today; the third is not. Those who have intimated that the President of the United States is trying to drive that team, overlook the simple fact that the President, as Chief Executive, is himself one of the three horses. • It is the American people themselves who are in the driver's seat. • It is the American people themselves who want the furrow plowed. 36 Thoughts on the Law • I hope that you have re‐read the Constitution of the United States … it ought to be read again and again. • It is an easy document to understand when you remember that it was called into being because the Articles of Confederation under which the original thirteen States tried to operate after the Revolution showed the need of a National Government with power enough to handle national problems. In its Preamble, the Constitution states that it was intended to form a more perfect Union and promote the general welfare; and the powers given to the Congress to carry out those purposes can be best described by saying that they were all the powers needed to meet each and every problem which then had a national character and which could not be met by merely local action. • But the framers went further. Having in mind that in succeeding generations many other problems then undreamed of would become national problems, they gave to the Congress the ample broad powers "to levy taxes ... and provide for the common defense and general welfare of the United States." • That, my friends, is what I honestly believe to have been the clear and underlying purpose of the patriots who wrote a Federal Constitution to create a National Government with national power, intended as they said, "to form a more perfect union ... for ourselves and our posterity." 37 Thoughts on the Law • The Court has been acting not as a judicial body, but as a policy‐ making body. • That is not only my accusation. It is the accusation of most distinguished justices of the present Supreme Court. I have not the time to quote to you all the language used by dissenting justices in many of these cases. But in the case holding the Railroad Retirement Act unconstitutional, for instance, Chief Justice Hughes said in a dissenting opinion that the majority opinion was "a departure from sound principles," and placed "an unwarranted limitation upon the commerce clause." And three other justices agreed with him. 38 Thoughts on the Law • Chief Justice Hughes has said, "We are under a Constitution, but the Constitution is what the judges say it is." • The Court in addition to the proper use of its judicial functions has improperly set itself up as a third house of the Congress ‐ a super‐ legislature, as one of the justices has called it ‐ reading into the Constitution words and implications which are not there, and which were never intended to be there. • We have, therefore, reached the point as a nation where we must take action to save the Constitution from the Court and the Court from itself. We must find a way to take an appeal from the Supreme Court to the Constitution itself. We want a Supreme Court which will do justice under the Constitution and not over it. In our courts we want a government of laws and not of men. 39 BARACK OBAMA Forty-fourth President 2009-2017 40 Thoughts on the Law 41 LAWYERS IN THE WHITE HOUSE • Travis Francis, A.J.S.C. • John A. Jorgensen, J.S.C. • William “Pat” Schuber, Esq. 42 THOMAS JEFFERSON THIRD PRESIDENT (1801‐1809) – Education: • Private tutors • College of William & Mary • Law Study with George Wythe in Williamsburg, Virginia – Admission to the Bar: • Fall, 1765 – Most Famous Case: • Bolling v. Bolling ‐ 1771 43 THOMAS JEFFERSON OTHER OCCUPATIONS/PUBLIC OFFICES • Farmer/planter • County justice of the peace • Member, Virginia House of Burgesses • Member, First and Second Continental Congress • Committee to Draft Declaration of Independence • Governor of Virginia • Minister to France • Secretary of State • Second Vice President of the United States 44 BOLLING V. BOLLING 1771 George Wythe Thomas Jefferson 45 46 REFORMS CHAMPIONED BY JEFFERSON • Abolition of primogeniture and entail • Wide‐spread public education designed to produce a well‐informed citizenry • Virginia Statute for Establishing Religious Freedom – Introduced in 1777; not passed till 1786 47 Law & Lawyers 48 JAMES MONROE FIFTH PRESIDENT (1817‐1825) – Education: • Campbelltown Academy • College of William & Mary • Studied Law with Thomas Jefferson – Admission to the Bar: • 1782 – Public Offices: • Delegate to Continental Congress • U.S. Senator • Virginia Governor • Secretary of State and War 49 MONROE PRESIDENCY • Missouri Compromise 1820 • Monroe Doctrine • National Road legislation 50 JOHN QUINCY ADAMS SIXTH PRESIDENT (1825‐1829) – Education: • Private tutors & European schools • Leyden University (Holland) • Harvard College • Law study with Theophilus Parsons – Admission to the Bar: • July 1790 – Public Offices: • Massachusetts legislator • U.S.