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Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law with Some Notes on Teaching of Thayer's Subject
Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 1982 Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law With Some Notes on Teaching of Thayer's Subject O. W. Wollensak Paul R. Baier Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Law Commons Repository Citation Wollensak, O. W. and Baier, Paul R., "Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law With Some Notes on Teaching of Thayer's Subject" (1982). Journal Articles. 372. https://digitalcommons.law.lsu.edu/faculty_scholarship/372 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. HUGO LAFAYETTE BLACK AND JOHN MARSHALL HARLAN: TWO FACES OF CONSTITUTIONAL LAW-WITH SOME NOTES ON THE TEACHING OF THAYER'S SUBJECT Bv 0. W. WoLLENSAK* I. It was a great surprise last semester when Supreme Court Justices Hugo Black and John Marshall Harlan visited the LSU Law Center for what turned out to be a heated dialogue on color video tape. The program was hosted by LSU's media mastermind, Professor Paul Baier,** who apparently has given up suing hospitals, see Baier v. Woman's Hospital, 1 and turned to producing television shows, his latest entitled "Hugo Lafayette Black and John Marshall Harlan: Two Faces of Constitutional Law."2 Professor Baier believes that constitutional law includes • Editor's note: Professor Baier is following Karl Llewellyn in using a pseudo nym. -
In Defence of the Court's Integrity
In Defence of the Court’s Integrity 17 In Defence of the Court’s Integrity: The Role of Chief Justice Charles Evans Hughes in the Defeat of the Court-Packing Plan of 1937 Ryan Coates Honours, Durham University ‘No greater mistake can be made than to think that our institutions are fixed or may not be changed for the worse. We are a young nation and nothing can be taken for granted. If our institutions are maintained in their integrity, and if change shall mean improvement, it will be because the intelligent and the worthy constantly generate the motive power which, distributed over a thousand lines of communication, develops that appreciation of the standards of decency and justice which we have delighted to call the common sense of the American people.’ Hughes in 1909 ‘Our institutions were not designed to bring about uniformity of opinion; if they had been, we might well abandon hope.’ Hughes in 1925 ‘While what I am about to say would ordinarily be held in confidence, I feel that I am justified in revealing it in defence of the Court’s integrity.’ Hughes in the 1940s In early 1927, ten years before his intervention against the court-packing plan, Charles Evans Hughes, former Governor of New York, former Republican presidential candidate, former Secretary of State, and most significantly, former Associate Justice of the Supreme Court, delivered a series 18 history in the making vol. 3 no. 2 of lectures at his alma mater, Columbia University, on the subject of the Supreme Court.1 These lectures were published the following year as The Supreme Court: Its Foundation, Methods and Achievements (New York: Columbia University Press, 1928). -
US Policy Scan 2021
US Policy Scan 2021 1 • US Policy Scan 2021 Introduction Welcome to Dentons 2021 Policy Scan, an in-depth look at policy a number of Members of Congress and Senators on both sides of at the Federal level and in each of the 50 states. This document the aisle and with a public exhausted by the anger and overheated is meant to be both a resource and a guide. A preview of the rhetoric that has characterized the last four years. key policy questions for the next year in the states, the House of Representatives, the Senate and the new Administration. A Nonetheless, with a Congress closely divided between the parties resource for tracking the people who will be driving change. and many millions of people who even now question the basic legitimacy of the process that led to Biden’s election, it remains to In addition to a dive into more than 15 policy areas, you will find be determined whether the President-elect’s goals are achievable brief profiles of Biden cabinet nominees and senior White House or whether, going forward, the Trump years have fundamentally staff appointees, the Congressional calendar, as well as the and permanently altered the manner in which political discourse Session dates and policy previews in State Houses across the will be conducted. What we can say with total confidence is that, in country. We discuss redistricting, preview the 2022 US Senate such a politically charged environment, it will take tremendous skill races and provide an overview of key decided and pending cases and determination on the part of the President-elect, along with a before the Supreme Court of the United States. -
New York University Law Review
NEW YORK UNIVERSITY LAW REVIEW VOLUME 86 JUNE 2011 NUMBER 3 MADISON LECTURE LIVING OUR TRADITIONS THE HONORABLE ROBERT H. HENRY* In the annual James Madison Lecture, Robert Henry, former Chief Judge of the United States Court of Appeals for the Tenth Circuit, explores Justice John Marshall Harlan H's notable dissent in Poe v. Ullman. President Henry carefully examines Justice Harlan's method of constitutional interpretation. Refusing to adopt a "literalistic"reading of the Constitution and instead looking to the "history and purposes" of a particularconstitutional provision, Justice Harlan's approach serves as a source of both flexibility and restraint. Of particular importance is Justice Harlan's recognition of the role that "living" traditions play in supplying meaning to the concept of due process of law. What emerges from this probing review of Justice Harlan's Poe dissent is a moderate and thoughtful response to originalism. All new laws, though penned with the greatest technical skill, and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal, until their meaning be liqui- dated and ascertained by a series of particular discussions and adjudications. -THE FEDERALIST No. 37 (James Madison)' * Copyright © 2011 by Robert H. Henry, President and CEO, Oklahoma City University. Formerly, Chief Judge, United States Court of Appeals for the Tenth Circuit. An earlier version of this text was delivered as the James Madison Lecture at the New York University School of Law on October 12, 2010. I would like to thank Daniel Correa and Laana Layman for research assistance; also, for their comments and criticism, I thank Professors Art LeFrancois, Andy Spiropoulos, and Michael Gibson of the Oklahoma City University School of Law. -
Reslegal V02 1..3
*LRB09414136HSS49035r* HR0622 LRB094 14136 HSS 49035 r 1 HOUSE RESOLUTION 2 WHEREAS, William Hubbs Rehnquist was born in Milwaukee, 3 Wisconsin, on October 1, 1924, the son of William Benjamin 4 Rehnquist, a paper salesman, and Margery Peck Rehnquist, a 5 translator and homemaker; and 6 WHEREAS, After graduating from Shorewood High School in 7 1942, Mr. Rehnquist attended Kenyon College for one quarter in 8 the fall of 1942 before entering the U.S. Army Air Corps; and 9 WHEREAS, Mr. Rehnquist served in World War II from March of 10 1943 to 1946; he was placed into a pre-meteorology program and 11 was assigned to Denison University until February of 1944, when 12 the program was shut down; and 13 WHEREAS, The program was designed to teach maintenance and 14 repair of weather instruments; in the summer of 1945, Mr. 15 Rehnquist went overseas and served as a weather observer in 16 North Africa; and 17 WHEREAS, After the war ended, Mr. Rehnquist attended 18 Stanford University under the G.I. Bill; in 1948, he received a 19 bachelor's degree and a master's degree in political science, 20 and in 1950, he went to Harvard University, where he received a 21 master's degree in government; he returned later to Stanford 22 University, where he attended law school, graduating first in 23 his class; and 24 WHEREAS, Mr. Rehnquist went to Washington, D.C., to work as 25 a law clerk for Justice Robert H. Jackson during the court's 26 1951-1952 terms; and 27 WHEREAS, Mr. -
Rare Books & Special Collections Tarlton Law Library University Of
Rare Books & Special Collections Tarlton Law Library University of Texas at Austin 727 E. 26th St., Austin, Texas 78705-3224 512/471-7263 SUPREME COURT NOMINATIONS RESEARCH FILES, 1823-1955, Bulk 1860-1939 Inventory Date printed: SUPREME COURT NOMINATIONS RESEARCH FILES Inventory Extent: 1.25 linear ft. (3 boxes). Frank, John P., 1917-2002- John P. Frank, a noted attorney and constitutional scholar, was born in 1917. He received his LL.B. at the University of Wisconsin, and his J.S.D. from Yale University. He was law clerk to Justice Hugo L. Black at the October, 1942 term, among other prominent positions. He taught law from 1946 to 1954 at Indiana and Yale Universities. He has authored 12 books on the Supreme Court, the Constitution and constitutional law. A senior partner with the Phoenix firm of Lewis and Roca, which he joined in 1954, Frank was lead counsel on the ground-breaking Miranda v. Arizona case, and served as counsel to Anita Hill during the Clarence Thomas confirmation hearings. While serving on the Committee on Rules of Civil Procedure, Frank led a group that worked on drafting revisions to Rule 11 attorney sanctions. Frank also served from 1960 to 1970 on the Advisory Committee of Civil Procedure of the Judicial Conference of the United States. Scope and Content: The collection consists of research into U.S. Supreme Court nominations of the 19th and 20th centuries, and includes 8 inches of printed materials and 7 microfilm reels (35mm), 1823-1939 (bulk 1860-1939), collected by Frank, for a research project concerning Supreme Court nominations. -
The Impartiality Paradox
The Impartiality Paradox Melissa E. Loewenstemt The constitutional principles that bind our free society instruct that the American people must "hold the judgeship in the highest esteem, that they re- gard it as the symbol of impartial, fair, and equal justice under law."'1 Accord- ingly, in contrast with the political branches, the Supreme Court's decisions "are legitimate only when [the Court] seeks to dissociate itself from individual 2 or group interests, and to judge by disinterested and more objective standards." As Justice Frankfurter said, "justice must satisfy the appearance of justice. 3 Almost instinctively, once a President appoints a judge to sit on the Su- preme Court,4 the public earmarks the Justice as an incarnation of impartiality, neutrality, and trustworthiness. Not surprisingly then, Presidents have looked to the Court for appointments to high profile and important committees of national concern. 5 It is among members of the judiciary that a President can find individuals certain to obtain the immediate respect of the American people, and often the world community. It is a judge's neutrality, fair-mindedness, and integrity that once again label him a person of impartiality and fairness, a per- son who seeks justice, and a President's first choice to serve the nation. The characteristics that led to a judge's initial appointment under our adversary sys- tem, and which lend themselves to appearances of propriety and justice in our courts, often carry over into extrajudicial activities as well. As Ralph K. Winter, Jr., then a professor at the Yale Law School, stated: [t]he appointment of a Justice of the Supreme Court to head a governmental com- mission or inquiry usually occurs because of the existence of a highly controversial issue which calls for some kind of official or authoritative resolution ....And the use of Supreme Court Justices, experience shows, is generally prompted by a presi- t Yale Law School, J.D. -
Does Eliminating Life Tenure for Article Iii Judges Require a Constitutional Amendment?
DOW & MEHTA_03_15_21 (DO NOT DELETE) 3/17/2021 6:41 PM DOES ELIMINATING LIFE TENURE FOR ARTICLE III JUDGES REQUIRE A CONSTITUTIONAL AMENDMENT? DAVID R. DOW & SANAT MEHTA* ABSTRACT Beginning in the early 2000s, a number of legal academicians from across the political spectrum proposed eliminating life tenure for some or all Article III judges and replacing it with a term of years (or a set of renewable terms). These scholars were largely in agreement such a change could be accomplished only by a formal constitutional amendment of Article III. In this Article, Dow and Mehta agree with the desirability of doing away with life tenure but argue such a change can be accomplished by ordinary legislation, without the need for formal amendment. Drawing on both originalism and formalism, Dow and Mehta begin by observing that the constitutional text does not expressly provide for lifetime tenure; rather, it states that judges shall hold their office during good behavior. The good behavior criterion, however, was not intended to create judicial sinecures for 20 or 30 years, but instead aimed at safeguarding judicial independence from the political branches. By measuring both the length of judicial tenure among Supreme Court justices, as well as voting behavior on the Supreme Court, Dow and Mehta conclude that, in fact, life tenure has proven inconsistent with judicial independence. They maintain that the Framers’ objective of insuring judicial independence is best achieved by term limits for Supreme Court justices. Copyright © 2021 David R. Dow & Sanat Mehta. * David Dow is the Cullen Professor at the University of Houston Law Center; Sanat Mehta, who graduated magna cum laude from Rice University in 2020 with a degree in computer science and a minor in Politics, Law, and Social Thought, is a data analyst at American Airlines. -
Entire Issue (PDF)
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION Vol. 162 WASHINGTON, THURSDAY, MARCH 17, 2016 No. 43 House of Representatives The House met at 9 a.m. and was point of order that a quorum is not Gunny Stanton first began his train- called to order by the Speaker. present. ing, he attended the basic EOD course f The SPEAKER. Pursuant to clause 8, at Eglin Air Force Base. While in train- rule XX, further proceedings on this ing, his block tests and final examina- PRAYER question will be postponed. tion scores were so high that his The Chaplain, the Reverend Patrick The point of no quorum is considered records remain intact to this day. J. Conroy, offered the following prayer: withdrawn. In the course of his 18 years in the Marine Corps, Stanton earned many Merciful God, thank You for giving f us another day. awards too numerous to list in this Your care and wisdom are shown to PLEDGE OF ALLEGIANCE space. He is preceded in death by his fa- us by the way You extend Your king- The SPEAKER. Will the gentleman ther, Michael Dale Stanton Sr.; and a dom into our world down to the present from Texas (Mr. VEASEY) come forward brother, Brian Stanton. Gunny Stanton day. Your word reveals every aspect of and lead the House in the Pledge of Al- is survived by his loving family: his Your saving plan. You accomplish Your legiance. wife, Terri Stanton; his mother, Gloria designed purpose in and through the Mr. -
Clarence Thomas Takes Oath As Court's 106Th Justice
THE SUPREME COURT HISTORICAL SOCIETY VOLUME XII NUMBER 4,1991 Clarence Thomas Takes Oath as Court's 106th Justice CourtesyLois Long, Officeof the Curator of the Court In a ceremony held on the South Lawn ofthe White House on October 18,1991, Judge Clarence Thomas took the officialoath of a federal government official prior to becoming the 106th member of the Supreme Court of the United States. Justice Byron R. White administered this oath. The judicial oath was a administered by ChiefJustice Willijun H. Rehnquist at a private fi&QSpfM ceremony on October 23, 1991 so that he might commence his work on the Court. A more traditional ceremonywasheld in the Supreme Court Chamber on November 1, 1991 in which Chief Justice Rehnquist readministered the oath to Justice Thomas who then assumed his seat on the Bench. Courtesy Lois Long, Office of the Curatorof the Court The ChiefJustice looks on as Justice Thomas signs his judicial oath of officeas part ofthe ceremony held at the Supreme Court on November 1,1991. Justice Thomas was sworn in at a public ceremony held in the Supreme Court Chamber. Justice Thomas fills the seat vacated by the retirement of Justice Thurgood Marshall. Justice Thomas was bornonJune23, 1948, inPinPoint, Georgia. Hisearly childhood years were spent in Georgia where he attended parochial school much ofthe time. After briefly attending Immaculate Conception Seminary in Mis souri , Justice Thomas entered Holy Cross College in Worcester, At a White House ceremony, Judge Clarence Thomas (left Massachusetts. He graduated from Holy Cross with honors, foreground) takes the olTiclal oath of office required of all finishing ninth in his class and then entered Yale Law School, government officials. -
“Mcconnell Majorities” in Supreme Court Decision-Making
PRESIDENT-SHOPPING FOR A NEW SCALIA: THE ILLEGITIMACY OF “MCCONNELL MAJORITIES” IN SUPREME COURT DECISION-MAKING J. Stephen Clark* WASHINGTON, June 29—By the slimmest of margins, the Supreme Court today ended its decades of protecting abortion rights and overruled Roe v. Wade,1 the 1973 decision that established abortion as a constitutional right.2 The breaking news one day in June 2019 is the demise of Roe v. Wade. By a vote of 5-4, the Supreme Court has overruled the precedent and left the protection of abortion rights to the sole discretion of lawmakers. There had been no majority for such a decision until President Trump had the chance to make two appointments to the Court. One of those appointees wrote the majority opinion. Perhaps fittingly, the author of the opinion was the successor to the late Justice Antonin Scalia, who strove for this goal more vigorously than any member of the Court since 1973. Of course, every supporter of abortion rights realizes that the Trump appointee now sits on the High Court only because President Obama’s nominee for the same seat was ignored by the Senate for eleven months. The overruling of Roe is directly traceable to that stonewalling and its mastermind—the majority leader, Senator Mitch McConnell of Kentucky. Why should supporters of abortion rights accept the legitimacy of a Court decision handed down by a bare majority that owes its fifth vote to Mitch McConnell’s Supreme Court Justice? The answer is that they would not, nor should they. Contrary to McConnell’s repeated claims, his posture of determined inaction * Professor of Law, Albany Law School. -
Abington School District V. Schempp 1 Ableman V. Booth 1 Abortion 2
TABLE OF CONTENTS VOLUME 1 Bill of Rights 66 Birth Control and Contraception 71 Abington School District v. Schempp 1 Hugo L. Black 73 Ableman v. Booth 1 Harry A. Blackmun 75 Abortion 2 John Blair, Jr. 77 Adamson v. California 8 Samuel Blatchford 78 Adarand Constructors v. Peña 8 Board of Education of Oklahoma City v. Dowell 79 Adkins v. Children’s Hospital 10 Bob Jones University v. United States 80 Adoptive Couple v. Baby Girl 13 Boerne v. Flores 81 Advisory Opinions 15 Bolling v. Sharpe 81 Affirmative Action 15 Bond v. United States 82 Afroyim v. Rusk 21 Boumediene v. Bush 83 Age Discrimination 22 Bowers v. Hardwick 84 Samuel A. Alito, Jr. 24 Boyd v. United States 86 Allgeyer v. Louisiana 26 Boy Scouts of America v. Dale 86 Americans with Disabilities Act 27 Joseph P. Bradley 87 Antitrust Law 29 Bradwell v. Illinois 89 Appellate Jurisdiction 33 Louis D. Brandeis 90 Argersinger v. Hamlin 36 Brandenburg v. Ohio 92 Arizona v. United States 36 William J. Brennan, Jr. 92 Arlington Heights v. Metropolitan Housing David J. Brewer 96 Development Corporation 37 Stephen G. Breyer 97 Ashcroft v. Free Speech Coalition 38 Briefs 99 Ashwander v. Tennessee Valley Authority 38 Bronson v. Kinzie 101 Assembly and Association, Freedom of 39 Henry B. Brown 101 Arizona v. Gant 42 Brown v. Board of Education 102 Atkins v. Virginia 43 Brown v. Entertainment Merchants Association 104 Automobile Searches 45 Brown v. Maryland 106 Brown v. Mississippi 106 Bad Tendency Test 46 Brushaber v. Union Pacific Railroad Company 107 Bail 47 Buchanan v.