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Here a sound clip where Phil and his wife Myrle were guests on WLAC talk Radio in Nashville, TN. Ruth Ann Leach was the interviewer. A caller is wanting Phil Carden to run for President of the United States.
To hear the call click play.
To hear a short clip of Papa's views on the IRS click play. This image isn't very clear. It is a brochure from his 1970 bid for judge. It says "Elect Philip M. Carden, Judge, Court of Criminal Appeals of Tennessee, Middle Grand Division, Republican Nominee in Statewide General Election, August 6, 1970. Carden for Judge Committee, PO Box 5341, Nashville, Tennessee 37206." On the inside it says: To Regain Respect for Law -- Restore Respectability of Law "'No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable." -Frederic Bastiat, "The Law," (Russell trans. 1950) p. 12 The most respectable laws the world has ever known were those developed within the common law traditions preserved in the Constitutions of Tennessee and the United States. This is the tradition that was developed in Britain and spread around the world to bring more ordered liberty to more people over wider areas than any other legal system known to man. This is the tradition that most of us have in mind when we plead for "law and order." Why, then, should "law and order" have become a leading political issue in any English-speaking nation? I say one reason is that too many of your judges have fallen down on their sworn duty to uphold the Constitutions of the State and Nation. I do not mean merely that the judges have interpreted the constitution differently than I would. What I mean is that they have virtually quit interpreting the Constitution at all. What they are doing is interpreting each other's opinions about constitutional law, often without even bothering to make reference to the constitutional language involved. Some judges, of course, do this on purpose. The modern phrase for them is, "activist judges." Our forefathers would have dubbed them "usurpers." But the activists would be only a minor threat but for the great majority of judges who blindly follow their twists and turns under a curiously perverted version of a sound common law principle called stare decisis. That's legal shorthand f or the doctrine that courts will ordinarily follow prior decisions made in similar cases. Originally it was nothing but a particular application of the ancient English insistence that every king pledge to them, as a condition of his safety on the throne, that he would preserve the laws of their forefathers. In its original setting, the doctrine contributed to a stability in the law that allowed ordinary people to know, in most cases, what their rights and duties were without going to court to see what the latest policy line was. In its modern setting, the result is the opposite. We have in Tennessee numerous examples of judges slavishly following an opinion of some prior judge who, himself, has disregarded 100 years of consistent prior decisions on the same subject. When I run across such opinions in constitutional cases - which I do with discouraging regularity - I find myself wondering if the judges had sworn to uphold the Constitution or to uphold whatever the latest activist judge happened to say about it. Now comes the tough question, "What could Judge Carden do?" Obviously, even my understanding of stare decisis would not permit me to disregard altogether the opinions of the Supreme Court of the United States or the Supreme Court of Tennessee. But I could provide one example of a judge honestly trying to follow sound principles of appellate adjudication within the common law tradition. Some of these principles may be capsuled thus: First, strictly observe the limits of judicial power delegated by the constitution and statutes. Second, decide only one case at a time; do not legislate for the future. Third, avoid ruling on federal constitutional questions, where the State Constitution provides an appropriate rule of decision, and avoid constitutional questions altogether if ordinary law will provide an appropriate rule. Fourth, where constitutional decision is necessary, look first to the language of the instrument itself. If that be clear, no interpretation is necessary. Such a course will contribute to the stability of the law of the land without which it cannot regain its respectability as the best instrument for achieving ordered liberty and justice. PHILIP M. CARDEN BIOGRAPHICAL DATA • GENERAL EDUCATION: University of North Carolina, 1939-41 Vanderbilt University, 1956 • LEGAL EDUCATION: Vanderbilt University Law School, 1956-59, LL.B. 1959 Vanderbilt Law Review, 1957-59, Associate Editor, 1959 Race Relations Law Reporter, 1958-59 American Jurisprudence Prize, Constitutional Law, 1958 Morgan Prize, Legal Writing, 1959 • LEGAL EXPERIENCE: Admitted to Bar of Supreme Court of Tennessee, August, 1959 Private practice, Nashville, Tennessee, 1959-61 Law Clerk, Judge Frank Gray, Jr., United States District Court, 1961-65 Private practice, Nashville, Tennessee, 1965, to date, specializing in legal writing for other lawyers Editor, Tennessee Appellate Bulletin, September 1969 to date • OTHER EXPERIENCE: As a boy, department store check boy, magazine salesman, electrician's helper, bookkeeper Reporter for United Press Associations in Raleigh, N.C. and Atlanta, Georgia, 1941, night editor, Nashville, 1941-42 Radioman, Army Air Corps, later Air Forces, 1942-45; European Theater (Azores, England) 1943-45 Electrician, Massillon Aluminum Co., Massillon, Ohio, 1945-46 Reporter, re-write man, assistant city editor, state editor, Canton Repository, a daily newspaper in Canton, Ohio, 1946-50 Radioman, Navy Reserve, l946-50; called up for Korean war, 1950, but discharged because of number of dependents Night Editor, Associated Press, Knoxville, 1950-52 Night Editor, Associated Press, Nashville, 1952-60 Part-time re-write man, copy desk man, Nashville Tennessean, 1960-61 (while beginning law practice) Instructor, Business Law, Belmont College, 1961 • MEMBERSHIPS: Formally enrolled as member of Bars of: Supreme Court of Tennessee; Circuit and Chancery Courts of Davidson County; Supreme Court of the United States; United States Courts of Appeals for the Fifth and Sixth Circuits; and United States District Court for the Middle District of Tennessee. • PRACTICE: Appearances as counsel in all of the above courts plus: Court of Appeals of Tennessee (Middle and Eastern sections); Court of Criminal Appeals of Tennessee; Circuit Courts of Williamson, Robertson, Cheatham, Rutherford, Maury, Hickman, Greene, and Hamblen counties; Criminal Court of Montgomery County Criminal, County, General Sessions, and Metropolitan Courts of Davidson County; and United States District Court for the Eastern District of Tennessee. • PUBLISHED LEGAL WRITING: Student case comments on Habeas Corpus and Insurance, 11 Vanderbilt Law Review 232 and 1447 (1957, 1958) Note, "Supreme Court and Obscenity," 11 Vanderbilt Law Review 585 (1958) Research Paper: "Freedom of Association," 4 Race Relations Law Reporter 207 (1958) Article: "Federal Power of Seizure and Search," 18 Vanderbilt Law Review 1 (1964) Articles on Firearms Control, Tennessee Court Modernization, Constitutional Amendments, and Capital Punishment, Tennessee Observer, August-December 1968. Summaries of all opinions, Supreme Court of Tennessee, and Court of Appeals of Tennessee, and some opinions of Court of Criminal Appeals of Tennessee, September 1969, to date, Tennessee Appellate Bulletin • PERSONAL DATA: Age 51, native of Raleigh, North Carolina. Married, five sons, one daughter, six grandchildren. By 1976 he was a Libertarian. This is a business card size handout. Theresa Myrle Augustine Carden's WebPage Welcome to Family Pages Surnames Carden Disclaimer: The purpose of this Web Page is to share information for the purpose of research. I have not proved documentation of all genealogy material, nor have I kept source notes as I should. But I had lots of fun and met some great people along the way.. If you find any mistakes please contact the Web Page creator, Trisha Carden , and I shall try to correct them. Site copyright 1999, 2000, 2001 Trish S. Carden (Please feel free to use this information but if you do please put a link back to this page)
To hear a short clip of Papa's views on the IRS click play.
This image isn't very clear. It is a brochure from his 1970 bid for judge. It says "Elect Philip M. Carden, Judge, Court of Criminal Appeals of Tennessee, Middle Grand Division, Republican Nominee in Statewide General Election, August 6, 1970. Carden for Judge Committee, PO Box 5341, Nashville, Tennessee 37206." On the inside it says: To Regain Respect for Law -- Restore Respectability of Law "'No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable." -Frederic Bastiat, "The Law," (Russell trans. 1950) p. 12 The most respectable laws the world has ever known were those developed within the common law traditions preserved in the Constitutions of Tennessee and the United States. This is the tradition that was developed in Britain and spread around the world to bring more ordered liberty to more people over wider areas than any other legal system known to man. This is the tradition that most of us have in mind when we plead for "law and order." Why, then, should "law and order" have become a leading political issue in any English-speaking nation? I say one reason is that too many of your judges have fallen down on their sworn duty to uphold the Constitutions of the State and Nation. I do not mean merely that the judges have interpreted the constitution differently than I would. What I mean is that they have virtually quit interpreting the Constitution at all. What they are doing is interpreting each other's opinions about constitutional law, often without even bothering to make reference to the constitutional language involved. Some judges, of course, do this on purpose. The modern phrase for them is, "activist judges." Our forefathers would have dubbed them "usurpers." But the activists would be only a minor threat but for the great majority of judges who blindly follow their twists and turns under a curiously perverted version of a sound common law principle called stare decisis. That's legal shorthand f or the doctrine that courts will ordinarily follow prior decisions made in similar cases. Originally it was nothing but a particular application of the ancient English insistence that every king pledge to them, as a condition of his safety on the throne, that he would preserve the laws of their forefathers. In its original setting, the doctrine contributed to a stability in the law that allowed ordinary people to know, in most cases, what their rights and duties were without going to court to see what the latest policy line was. In its modern setting, the result is the opposite. We have in Tennessee numerous examples of judges slavishly following an opinion of some prior judge who, himself, has disregarded 100 years of consistent prior decisions on the same subject. When I run across such opinions in constitutional cases - which I do with discouraging regularity - I find myself wondering if the judges had sworn to uphold the Constitution or to uphold whatever the latest activist judge happened to say about it. Now comes the tough question, "What could Judge Carden do?" Obviously, even my understanding of stare decisis would not permit me to disregard altogether the opinions of the Supreme Court of the United States or the Supreme Court of Tennessee. But I could provide one example of a judge honestly trying to follow sound principles of appellate adjudication within the common law tradition. Some of these principles may be capsuled thus: First, strictly observe the limits of judicial power delegated by the constitution and statutes. Second, decide only one case at a time; do not legislate for the future. Third, avoid ruling on federal constitutional questions, where the State Constitution provides an appropriate rule of decision, and avoid constitutional questions altogether if ordinary law will provide an appropriate rule. Fourth, where constitutional decision is necessary, look first to the language of the instrument itself. If that be clear, no interpretation is necessary. Such a course will contribute to the stability of the law of the land without which it cannot regain its respectability as the best instrument for achieving ordered liberty and justice. PHILIP M. CARDEN BIOGRAPHICAL DATA • GENERAL EDUCATION: University of North Carolina, 1939-41 Vanderbilt University, 1956 • LEGAL EDUCATION: Vanderbilt University Law School, 1956-59, LL.B. 1959 Vanderbilt Law Review, 1957-59, Associate Editor, 1959 Race Relations Law Reporter, 1958-59 American Jurisprudence Prize, Constitutional Law, 1958 Morgan Prize, Legal Writing, 1959 • LEGAL EXPERIENCE: Admitted to Bar of Supreme Court of Tennessee, August, 1959 Private practice, Nashville, Tennessee, 1959-61 Law Clerk, Judge Frank Gray, Jr., United States District Court, 1961-65 Private practice, Nashville, Tennessee, 1965, to date, specializing in legal writing for other lawyers Editor, Tennessee Appellate Bulletin, September 1969 to date • OTHER EXPERIENCE: As a boy, department store check boy, magazine salesman, electrician's helper, bookkeeper Reporter for United Press Associations in Raleigh, N.C. and Atlanta, Georgia, 1941, night editor, Nashville, 1941-42 Radioman, Army Air Corps, later Air Forces, 1942-45; European Theater (Azores, England) 1943-45 Electrician, Massillon Aluminum Co., Massillon, Ohio, 1945-46 Reporter, re-write man, assistant city editor, state editor, Canton Repository, a daily newspaper in Canton, Ohio, 1946-50 Radioman, Navy Reserve, l946-50; called up for Korean war, 1950, but discharged because of number of dependents Night Editor, Associated Press, Knoxville, 1950-52 Night Editor, Associated Press, Nashville, 1952-60 Part-time re-write man, copy desk man, Nashville Tennessean, 1960-61 (while beginning law practice) Instructor, Business Law, Belmont College, 1961 • MEMBERSHIPS: Formally enrolled as member of Bars of: Supreme Court of Tennessee; Circuit and Chancery Courts of Davidson County; Supreme Court of the United States; United States Courts of Appeals for the Fifth and Sixth Circuits; and United States District Court for the Middle District of Tennessee. • PRACTICE: Appearances as counsel in all of the above courts plus: Court of Appeals of Tennessee (Middle and Eastern sections); Court of Criminal Appeals of Tennessee; Circuit Courts of Williamson, Robertson, Cheatham, Rutherford, Maury, Hickman, Greene, and Hamblen counties; Criminal Court of Montgomery County Criminal, County, General Sessions, and Metropolitan Courts of Davidson County; and United States District Court for the Eastern District of Tennessee. • PUBLISHED LEGAL WRITING: Student case comments on Habeas Corpus and Insurance, 11 Vanderbilt Law Review 232 and 1447 (1957, 1958) Note, "Supreme Court and Obscenity," 11 Vanderbilt Law Review 585 (1958) Research Paper: "Freedom of Association," 4 Race Relations Law Reporter 207 (1958) Article: "Federal Power of Seizure and Search," 18 Vanderbilt Law Review 1 (1964) Articles on Firearms Control, Tennessee Court Modernization, Constitutional Amendments, and Capital Punishment, Tennessee Observer, August-December 1968. Summaries of all opinions, Supreme Court of Tennessee, and Court of Appeals of Tennessee, and some opinions of Court of Criminal Appeals of Tennessee, September 1969, to date, Tennessee Appellate Bulletin • PERSONAL DATA: Age 51, native of Raleigh, North Carolina. Married, five sons, one daughter, six grandchildren. By 1976 he was a Libertarian. This is a business card size handout. Theresa Myrle Augustine Carden's WebPage Welcome to Family Pages Surnames Carden Disclaimer: The purpose of this Web Page is to share information for the purpose of research. I have not proved documentation of all genealogy material, nor have I kept source notes as I should. But I had lots of fun and met some great people along the way.. If you find any mistakes please contact the Web Page creator, Trisha Carden , and I shall try to correct them. Site copyright 1999, 2000, 2001 Trish S. Carden (Please feel free to use this information but if you do please put a link back to this page)
On the inside it says:
To Regain Respect for Law -- Restore Respectability of Law "'No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable." -Frederic Bastiat, "The Law," (Russell trans. 1950) p. 12
The most respectable laws the world has ever known were those developed within the common law traditions preserved in the Constitutions of Tennessee and the United States.
This is the tradition that was developed in Britain and spread around the world to bring more ordered liberty to more people over wider areas than any other legal system known to man.
This is the tradition that most of us have in mind when we plead for "law and order."
Why, then, should "law and order" have become a leading political issue in any English-speaking nation?
I say one reason is that too many of your judges have fallen down on their sworn duty to uphold the Constitutions of the State and Nation.
I do not mean merely that the judges have interpreted the constitution differently than I would.
What I mean is that they have virtually quit interpreting the Constitution at all. What they are doing is interpreting each other's opinions about constitutional law, often without even bothering to make reference to the constitutional language involved.
Some judges, of course, do this on purpose. The modern phrase for them is, "activist judges." Our forefathers would have dubbed them "usurpers."
But the activists would be only a minor threat but for the great majority of judges who blindly follow their twists and turns under a curiously perverted version of a sound common law principle called stare decisis.
That's legal shorthand f or the doctrine that courts will ordinarily follow prior decisions made in similar cases. Originally it was nothing but a particular application of the ancient English insistence that every king pledge to them, as a condition of his safety on the throne, that he would preserve the laws of their forefathers.
In its original setting, the doctrine contributed to a stability in the law that allowed ordinary people to know, in most cases, what their rights and duties were without going to court to see what the latest policy line was.
In its modern setting, the result is the opposite. We have in Tennessee numerous examples of judges slavishly following an opinion of some prior judge who, himself, has disregarded 100 years of consistent prior decisions on the same subject.
When I run across such opinions in constitutional cases - which I do with discouraging regularity - I find myself wondering if the judges had sworn to uphold the Constitution or to uphold whatever the latest activist judge happened to say about it.
Now comes the tough question, "What could Judge Carden do?"
Obviously, even my understanding of stare decisis would not permit me to disregard altogether the opinions of the Supreme Court of the United States or the Supreme Court of Tennessee. But I could provide one example of a judge honestly trying to follow sound principles of appellate adjudication within the common law tradition.
Some of these principles may be capsuled thus:
First, strictly observe the limits of judicial power delegated by the constitution and statutes.
Second, decide only one case at a time; do not legislate for the future.
Third, avoid ruling on federal constitutional questions, where the State Constitution provides an appropriate rule of decision, and avoid constitutional questions altogether if ordinary law will provide an appropriate rule.
Fourth, where constitutional decision is necessary, look first to the language of the instrument itself. If that be clear, no interpretation is necessary.
Such a course will contribute to the stability of the law of the land without which it cannot regain its respectability as the best instrument for achieving ordered liberty and justice.
PHILIP M. CARDEN
BIOGRAPHICAL DATA
• GENERAL EDUCATION: University of North Carolina, 1939-41 Vanderbilt University, 1956
• LEGAL EDUCATION: Vanderbilt University Law School, 1956-59, LL.B. 1959 Vanderbilt Law Review, 1957-59, Associate Editor, 1959 Race Relations Law Reporter, 1958-59 American Jurisprudence Prize, Constitutional Law, 1958 Morgan Prize, Legal Writing, 1959
• LEGAL EXPERIENCE: Admitted to Bar of Supreme Court of Tennessee, August, 1959 Private practice, Nashville, Tennessee, 1959-61 Law Clerk, Judge Frank Gray, Jr., United States District Court, 1961-65 Private practice, Nashville, Tennessee, 1965, to date, specializing in legal writing for other lawyers Editor, Tennessee Appellate Bulletin, September 1969 to date
• OTHER EXPERIENCE: As a boy, department store check boy, magazine salesman, electrician's helper, bookkeeper Reporter for United Press Associations in Raleigh, N.C. and Atlanta, Georgia, 1941, night editor, Nashville, 1941-42 Radioman, Army Air Corps, later Air Forces, 1942-45; European Theater (Azores, England) 1943-45 Electrician, Massillon Aluminum Co., Massillon, Ohio, 1945-46 Reporter, re-write man, assistant city editor, state editor, Canton Repository, a daily newspaper in Canton, Ohio, 1946-50 Radioman, Navy Reserve, l946-50; called up for Korean war, 1950, but discharged because of number of dependents Night Editor, Associated Press, Knoxville, 1950-52 Night Editor, Associated Press, Nashville, 1952-60 Part-time re-write man, copy desk man, Nashville Tennessean, 1960-61 (while beginning law practice) Instructor, Business Law, Belmont College, 1961
• MEMBERSHIPS: Formally enrolled as member of Bars of: Supreme Court of Tennessee; Circuit and Chancery Courts of Davidson County; Supreme Court of the United States; United States Courts of Appeals for the Fifth and Sixth Circuits; and United States District Court for the Middle District of Tennessee.
• PRACTICE: Appearances as counsel in all of the above courts plus: Court of Appeals of Tennessee (Middle and Eastern sections); Court of Criminal Appeals of Tennessee; Circuit Courts of Williamson, Robertson, Cheatham, Rutherford, Maury, Hickman, Greene, and Hamblen counties; Criminal Court of Montgomery County Criminal, County, General Sessions, and Metropolitan Courts of Davidson County; and United States District Court for the Eastern District of Tennessee.
• PUBLISHED LEGAL WRITING: Student case comments on Habeas Corpus and Insurance, 11 Vanderbilt Law Review 232 and 1447 (1957, 1958) Note, "Supreme Court and Obscenity," 11 Vanderbilt Law Review 585 (1958) Research Paper: "Freedom of Association," 4 Race Relations Law Reporter 207 (1958) Article: "Federal Power of Seizure and Search," 18 Vanderbilt Law Review 1 (1964) Articles on Firearms Control, Tennessee Court Modernization, Constitutional Amendments, and Capital Punishment, Tennessee Observer, August-December 1968. Summaries of all opinions, Supreme Court of Tennessee, and Court of Appeals of Tennessee, and some opinions of Court of Criminal Appeals of Tennessee, September 1969, to date, Tennessee Appellate Bulletin
• PERSONAL DATA: Age 51, native of Raleigh, North Carolina. Married, five sons, one daughter, six grandchildren.
Theresa Myrle Augustine Carden's WebPage
Welcome to Family Pages Surnames Carden Disclaimer: The purpose of this Web Page is to share information for the purpose of research. I have not proved documentation of all genealogy material, nor have I kept source notes as I should. But I had lots of fun and met some great people along the way.. If you find any mistakes please contact the Web Page creator, Trisha Carden , and I shall try to correct them.
Surnames
Carden
Disclaimer: The purpose of this Web Page is to share information for the purpose of research. I have not proved documentation of all genealogy material, nor have I kept source notes as I should. But I had lots of fun and met some great people along the way..
If you find any mistakes please contact the Web Page creator, Trisha Carden , and I shall try to correct them.