George Bush – The Intelligent Collector Magazine

LBJ exhibited ambition, decisiveness, a strong work ethic … and fear of failure

Lyndon B. Johnson artifacts, including signed photographs and a Civil Rights Bill signing pen, sold for $15,000 at an October 2018 Heritage auction.

By Jim O’Neal

Lyndon Baines Johnson was born in August 1908 in the Texas Hill Country nearly 112 years ago. (Tempus does fugit!). He shined shoes and picked cotton for pocket money, graduating from high school at age 15. Both his parents were teachers and encouraged the reading habits that would benefit him greatly for the rest of his life.

Tired of both books and study, he bummed his way to Southern California, where he picked peaches, washed dishes and did other odd jobs like a common hobo. The deep farm recession forced him back to Texas, where he borrowed $75 to earn a teaching degree from a small state college. Working with poor, impoverished Mexican children gave him a unique insight into poverty. He loved to tell stories from that time in his life, especially when he was working on legislation that improved life for common people.

His real power was developed when he electrified the rural Hill Country by creating a pool of money from power companies that he doled out to politicians all over the country who needed campaign funds and were willing to barter their votes in Congress. The women and girls who lived in Texas were known as “bent women” from toting water – two buckets at a time from water wells – to their homes. Having electricity to draw the water eliminated a generation of women who were not hump-backed. They said of LBJ, “He brought us light.” This caught FDR’s attention and lead to important committee assignments.

He married 20-year-old Claudia Alta Taylor in 1934 (at birth, a nanny had exclaimed “She looks just like a “little lady bird”). A full-grown Lady Bird parlayed a small inheritance into an investment in an Austin radio station that grew into a multimillion-dollar fortune.

Robert Caro has written about LBJ’s ambition, decisiveness and willingness to work hard. But how does that explain the trepidation to run for president in 1960? He had been Senate Majorly Leader, accumulated lots of political support and had a growing reputation for his Civil Rights record. He even told his associates, “I am destined to be president. I was meant to be president. And I’m going to be president!” Yet in 1958, when he was almost perfectly positioned to make his move, he was silent.

His close friend, Texas Governor John Connally, had a theory: “He was afraid of failing.”

His father was a fair politician but failed, lost the family ranch, plunged into bankruptcy and was the butt of town jokes. In simple terms, LBJ was afraid to run for the candidacy and lose. That explains why he didn’t announce until it was too late and JFK had it sewed up.

Fear of failure.

After JFK won the 1960 nomination at the Democratic National Convention in Los Angeles, he knew LBJ would be a valuable vice president on the Democratic ticket against Richard Nixon. Johnson’s Southwestern drawl expanded the base and the 50 electoral votes in Texas was too tempting to pass up. They were all staying at the Biltmore Hotel in L.A. and were a mere two floors away. Kennedy personally convinced LBJ to accept, despite brother Bobby’s three attempts to get him to decline (obviously unsuccessful).

The 1960 election was incredibly close with only 100,000 votes separating Kennedy and Nixon. Insiders were sure that a recount would uncover corruption in Illinois and Nixon would be declared the winner. But in a big surprise, RMN refused to demand a recount to avoid the massive disruption in the country. (Forty years later, Gore vs. Bush demonstrated the chaos in the 2000 Florida “hanging chads” debacle and the stain on SCOTUS by stopping just the Florida recount).

After the Kennedy assassination in November 1963, LBJ was despondent since he was sure he’d become the “accidental president.” But, when he demolished Barry Goldwater in 1968 the old Lyndon was back. The Johnson-Humphrey ticket won by of the greatest landslides in American history. LBJ got 61.1 percent of the popular vote and 486 electoral votes to Goldwater’s 52. More importantly, Democrats increased their majorities in both houses of Congress.

This level of domination provided LBJ with the leverage to implement his full Great Society agenda with the help of the 89th Congress, which approved multibillion-dollar budgets. After LBJ ramrodded through Congress his liberal legislative programs in 1965-66, it seemed that he might go down in history as one of the nation’s truly great presidents. But, his failure to bring Vietnam to a successful conclusion, the riots in scores of cities in 1967-68, and the spirit of discontent that descended on the country turned his administration into a disaster.

On Jan. 22, 1973, less than a month after President Truman died, the 64-year-old Johnson died of a heart attack. His fear of failure, a silent companion.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

To borrow a phrase, Chief Justice Roberts looked like he came directly from central casting

A photograph of Chief Justice John G. Roberts Jr. and Associate Justice John Paul Stevens, taken following Roberts’ oath-taking and signed by both on the mat, went to auction in May 2017.

By Jim O’Neal

At noon on Sept. 12, 2005, I was glued to the TV to watch the start of the Senate Judiciary Committee. Chairman Arlen Specter gaveled the committee to order to consider the nomination of Judge John Glover Roberts Jr. as Chief Justice of the Supreme Court. Day one included Judge Roberts’ introduction of his family and friends in attendance, followed by four short speeches by prominent senators advocating for his confirmation. This abbreviated session was to accommodate the short attention spans of Roberts’ two young children. The meeting was adjourned for the day with the formal occasion to resume the following morning.

As an amateur connoisseur of great speeches and the courtroom drama that testimony in front of Congress can engender, I was impatient for the next day. I was not disappointed. Judge Roberts, dressed in a black suit and starched white shirt and tie (but without his customary gold cuff links) looked like he was out of central casting. He assumed his seat after the customary swearing-in ritual. However, what was strikingly different was the starkness. The table where he sat and made his opening statement was devoid of items. Not a single note, pen or even a glass of water. One man sitting all alone looking up at 18 senators (nearly half of them partisan enemies hoping to derail his career), while he looked totally relaxed, confident and alert.

Devoid of any speeches or even cue cards, he politely thanked several and transitioned to his Indiana roots, referring to “the limitless fields punctuated only by a silo or barn.” It evoked an image of Middle America that effortlessly transported the entire committee back to their own memories of growing up. It was a flawless finesse that allowed him to exclude any reference to his life in the exclusive Long Beach community on Lake Michigan or his selective education at La Lumiere, a college prep school where a jacket and tie were required for classes and the dining hall. He graduated No. 1 in his class in 1973 and was the school’s first Harvard-bound student. Naturally, he graduated from Harvard summa cum laude in 1976, and graduated magna cum laude from Harvard Law.

He would let others plump his resume, while he edited himself down to a plainspoken, modest Midwesterner. Janet Malcolm commented in The New Yorker: “Watching Roberts on television was like watching one of the radiantly wholesome heroes that Jimmy Stewart and Henry Fonda played. It was out of the question that such a man be denied a place on the Supreme Court.”

Roberts was aware of the value of including a vivid metaphor, quotable line or a phrase to memorialize the event and he picked a good one. “Judges are like umpires. Umpires don’t make the rules, they apply them. The role of a judge and an umpire is critical. They make sure everyone plays by the rules, but it is a limited role. Nobody ever went to a ballgame to see the umpire.” That is now a common definition often used when needed.

It was a twist of fate that John Roberts was being interviewed for Chief Justice. On July 19, 2005, President Bush had nominated him to fill the vacancy created by the retirement of Justice Sandra Day O’Connor. While this nomination was still pending, on Sept. 3 Chief Justice William H. Rehnquist died from thyroid cancer. During the process of selecting Justice O’Conner’s replacement, Bush had solicited the opinion of several young lawyers in the White House. One was Brett Kavanaugh, who had been nominated to the D.C. Circuit Court of Appeals. Kavanaugh told him that both Roberts and Samuel Alito would be solid choices, but the tiebreaker would be who was most capable of convincing their colleagues through persuasion and strategic thinking. On this basis, Roberts was clearly the best.

After the Hurricane Katrina disaster that August, President Bush had no appetite for controversy. Reports on Judge Roberts’ interviews in the Senate were going so well that he changed Roberts’ nomination to Chief Justice. That would delay the O’Conner replacement for several months and the court would have to operate with only eight members. This was fortunate, since a highly unqualified Harriet Miers, who worked for Bush in the White House, was the lead candidate to replace O’Conner … and with more time to consider her credentials, saner heads prevailed.

The next three days of hearings offered an exquisite buffet for addicts like me. It started with a round of 10 minutes per senator and it was mildly amusing when Senator Joe Biden’s pontificating took so long that he ran out of time before asking a single question. Judge Roberts displayed remarkable intellect – and a wry sense of humor – when discussing important Supreme Court cases. When Senator Lindsey Graham of South Carolina asked Roberts what he would like future historians to say about him, Roberts joked: “I’d like for them to start by saying, ‘He was confirmed!’”

Questions fell into a regular rhythm and Roberts answered them almost effortlessly. In addition to his education and experience, the “Murder Boards” – the phrase used for pre-hearing rehearsals – must have really fine-tuned every aspect of what was anticipated. Even today, prospective nominees study the tapes of his hearing as part of their preparation. I got the feeling he was being polite to a bunch of partisan senators (all lawyers) without acting too condescending.

Senator Chuck Schumer of New York became so frustrated at one point he said, “Why don’t we just concede John Roberts is the smartest guy in the room.” In another memorable exchange, Schumer complained, “You agree we should be finding out your philosophy, and method of legal reasoning, modesty, stability, but when we try to find out what modesty and stability mean, what your philosophy means, we don’t get any answers. It’s as if I asked you what kind of movies you like. Tell me two or three good movies and you say, ‘I like movies with good acting. I like movies with good directing. I like movies with good cinema photography.’ And I ask, no, give me an example of a good movie, you don’t name one. I say, give me an example of a bad movie, you won’t name one, and I ask you if you like Casablanca, and you respond by saying lots of people like Casablanca.”

Senator Specter started to cut Schumer when Roberts interrupted, “I’ll be very succinct. First, Doctor Zhivago, and North by Northwest.” Yes, there was laughter in the room.

Roberts made it out of the Judiciary Committee on a vote of 13-5 as Democrats found creative excuses to vote no. Then it was on to the full Senate, where he was confirmed 78-22. The 50-year-old Roberts became the youngest Chief Justice since 1801, when the venerable John Marshall (46) was selected.

The Chief Justice is mentioned only once in the Constitution, but not in Article 3, which establishes the judiciary. It is in Article 1, covering Congress, and it says the Chief Justice presides over the Senate during any impeachment of the president (Article 1 Section 3 Clause 6).

The framers vested the Senate with the “sole power to try impeachment” for several reasons. First, they believed senators would be better educated, more virtuous and more high-minded than members of the House. Secondly, it was to avoid the possible conflict of interest of a vice president presiding over the removal of the one official standing between him and the presidency. Of our 45 presidents and 17 Chief Justices, only Andrew Johnson and Bill Clinton have been impeached, with Samuel Chase and William Reinquist presiding over their trials. Both were acquitted.

Believe it or not, electing presidents has never been a pleasant affair

An 1889 letter in which Rutherford B. Hayes discusses his inauguration sold for $19,120 at an April 2007 Heritage auction.

By Jim O’Neal

One discouraging trend in American culture is treating everything from a partisan-political standpoint. I can recall not too long ago after an election, we’d simply forget about our disagreements about candidates and resume normal civility. Now it seems that nearly everything gets politicized, dividing the nation into continually warring tribes of Red and Blue. Some political pundits see the starting point as the 2000 Gore versus Bush election, with its hanging chads and the controversial Supreme Court decision to stop the vote recount in Florida. Others believe the feud between President Bill Clinton and Speaker Newt Gingrich exacerbated it.

However, to accept either theory requires ignoring the 1876 presidential election between Samuel Tilden and Rutherford B. Hayes.

Hayes, the Republican, was a lawyer from Ohio who distinguished himself during the Civil War as a brave soldier who was wounded five times and eventually promoted to a brevet major general. After the war, he served in Congress and was elected governor of Ohio three times.

Tilden also had a legal background and was the 25th governor of New York (1875-76). As the Democratic candidate for the presidency in 1876, he is still the only individual to win an outright majority (not just a plurality) of the popular vote, but lose the election … in a rather bizarre series of events. Four other candidates have lost the presidency despite having a plurality of the popular vote (Al Gore and Hillary Clinton are the most recent to suffer this fate).

It had generally been assumed that incumbent President Ulysses S. Grant would run for a third term, despite a troubled economy and numerous scandals that had been discovered during his two terms, which started in 1869. There was also the two-term precedent established by George Washington. In spite of these formidable barriers, Grant’s inner circle of advisors were eager to maintain political power. While Grant was on the verge of announcing his candidacy, the House of Representatives preempted him by passing a resolution by an overwhelming margin, 233-18, establishing a two-term limit to prevent a dictatorship. Grant reluctantly withdrew his name from consideration.

The Democrats proceeded with their National Convention in June 1876 in St. Louis (the first time a major political convention was held west of the Mississippi). They selected Tilden on the second ballot and added Thomas Hendricks for vice president, since he was the only one nominated. The Democrats were hungry for a win since they had been out of power since James Buchanan, who was elected a full 20 years earlier in 1856.

What followed was the most contentious presidential election in American history. On the first vote in the Electoral College, Tilden had 184 votes (only one short) while Hayes was stuck at 165. However, there were 20 votes being contested in four states (Florida, Louisiana, South Carolina and Oregon) and both parties were claiming victory. This impasse caused a Constitutional crisis and, finally, a beleaguered Congress passed a law on Jan. 29, 1877, to form a special 15-member Electoral Commission to settle the dispute. After a great debate, the commission awarded all 20 disputed votes to Hayes, who became president with 185 votes to Tilden’s 184.

In return, Republicans passed a resolution that required an end to Reconstruction and the removal of all federal troops from every Southern state. Over the next 20 years, the states passed all kinds of laws and regulations that effectively wiped out the provisions of the 14th and 15th Amendments to the Constitution that granted numerous rights to the black population. It would take another 60 years to regain them when LBJ was president and finally crack the “Solid South” grip on national politics.

Maybe we are doomed to be a divided nation, but I suspect that strong leaders will emerge, eventually, and help us remember the advantages of a group of united states … E pluribus unum.