The History of the Supreme Court of the United StatesCambridge University Press, 23. jan. 2006 - 733 strani The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century. |
Vsebina
FIRST MONDAY 1941 I | 1 |
AMERICAN PUBLIC LAW IN 1941 | 13 |
A NEW COURT | 48 |
PRISM OF THE STONE | 116 |
FREEDOM OF SPEECH IN THE STONE COURT | 145 |
FREEDOM OF SPEECH IN THE VINSON COURT | 183 |
THE FREE EXERCISE OF RELIGION | 203 |
THE ESTABlishment of Religion | 250 |
THE TRUMAN COURT | 399 |
Reason | 440 |
THE PROBLEM OF INCORPORATION | 464 |
PRISM OF THE VINSON | 498 |
DENNIS V | 535 |
THE COLD WAR CASES | 579 |
CIVIL RIGHTS AND THE STONE COURT | 621 |
CIVIL RIGHTS AND THE VINSON COURT | 658 |
TOTAL WAR AND THE CONSTITUTION | 285 |
MILITARY COURTS AND TREASON | 306 |
JAPANESE INTERNMENT | 339 |
NATIONAL AUTHORITY DURING AND AFTER THE WAR | 364 |
FIRST MONDAY 1953 | 707 |
Appendix | 713 |
721 | |
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American anticommunism appeal attorney authority Bill of Rights Brandeis Burton challenge Chaplinsky Chief Justice civil liberties civil rights claim Clark clear-and-present-danger clerk Cold War Communist concurred conference notes Congress constitutional conviction criminal decision defendants democratic Dennis dissent doctrine Douglas Papers draft Due Process Clause economic equal protection Equal Protection Clause Establishment Clause federal Felix Frankfurter Fourteenth Amendment Framers Frank Murphy Frankfurter Papers Frankfurter's free exercise freedom Harlan Fiske Stone Harv Holmes Hughes Hugo Black incorporation individual insisted issue Jackson Japanese Jehovah's Witnesses judges judicial Korematsu labor later Law School lawyers LCMss legislative majority ment military opinion picketing Plessy political position president principles problem prohibited quoted racial reason Reed reel religion religious Roberts role Rutledge segregation Smith Act social speech Stanley Reed statute Stone and Vinson substantive Supreme Court tion trial Truman United upheld Vinson Court William wrote