4.5 • 670 Ratings
🗓️ 18 January 2019
⏱️ 8 minutes
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0:00.0 | Hi there. I'm Washington Post reporter Lillian Cunningham. Stay tuned after the show to hear about my |
0:06.2 | latest podcast, Moonrise. It's the dark but true story of why we went to the moon and what we found |
0:14.0 | there. The full series is available now. |
0:19.1 | Hey, history lovers. I'm Mike Rosenwald with Retropod, a show about the past, rediscovered. |
0:27.1 | When Alexander Hamilton sat down to bang out the Federalist papers in the late 1700s, |
0:32.9 | there were no antibiotics, no dialysis machines, and certainly no timepieces capable of taking an |
0:39.8 | electrocardiogram, which, of course, also didn't exist. Well-educated people had average |
0:47.2 | lifespans of around 40 years. And so, in Federalist Paper No. 78, in which Hamilton argues for lifetime tenure for Supreme Court justices, |
0:57.2 | the future Broadway star probably didn't imagine any justice living past the prime of their mental and physical capabilities. |
1:09.3 | Take, for instance, Justice Nathan Clifford, appointed at age 54 in 1858. |
1:17.5 | According to a University of Chicago Law Review article titled Mental Decrepetude on the Supreme Court, |
1:24.4 | when the then 77-year-old Clifford arrived for the fall term in 1880, a colleague |
1:30.1 | wrote this. Judge Clifford reached Washington on the 8th of October, a babbling idiot. I saw him |
1:37.3 | within three hours after his arrival, and he did not know me or anything, and though his tongue-framed |
1:43.6 | words, there was no sense in them. |
1:48.3 | Then there's Justice Henry Baldwin, who after being hospitalized for incurable lunacy in 1832, |
1:56.5 | returned to the court, where he was described by another justice as partially deranged at all |
2:02.8 | times. And get this, he served another decade. Even Thurgood Marshall, the first African-American |
2:10.9 | member of the court, suffered similar issues. In his early 80s, Marshall could not pronounce |
2:16.7 | the word subsidiary from the bench. |
2:19.9 | In a death penalty case, he became so confused that he voted to uphold the death sentence |
2:25.5 | even though he was opposed to the death penalty. |
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