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The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960
Western Michigan University ScholarWorks at WMU Dissertations Graduate College 4-2013 Building A House of Peace: The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960 Katherine Elizabeth Ellison Western Michigan University, [email protected] Follow this and additional works at: https://scholarworks.wmich.edu/dissertations Part of the Political History Commons, and the United States History Commons Recommended Citation Ellison, Katherine Elizabeth, "Building A House of Peace: The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960" (2013). Dissertations. 138. https://scholarworks.wmich.edu/dissertations/138 This Dissertation-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Dissertations by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. BUILDING A HOUSE OF PEACE: THE ORIGINS OF THE IMPERIAL PRESIDENCY AND THE FRAMEWORK FOR EXECUTIVE POWER, 1933-1960 by Katherine Elizabeth Ellison A dissertation submitted to the Graduate College in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of History Western Michigan University April 2013 Doctoral Committee: Edwin A. Martini, Ph.D., Chair Sally E. Hadden, Ph.D. Mark S. Hurwitz, Ph.D. Kathleen G. Donohue, Ph.D. BUILDING A HOUSE OF PEACE: THE ORIGINS OF THE IMPERIAL PRESIDENCY AND THE FRAMEWORK FOR EXECUTIVE POWER, 1933-1960 Katherine Elizabeth Ellison, Ph.D. Western Michigan University, 2013 This project offers a fundamental rethinking of the origins of the imperial presidency, taking an interdisciplinary approach as perceived through the interactions of the executive, legislative, and judiciary branches of government during the 1930s, 1940s, and 1950s. -
Fortress of Liberty: the Rise and Fall of the Draft and the Remaking of American Law
Fortress of Liberty: The Rise and Fall of the Draft and the Remaking of American Law Jeremy K. Kessler∗ Introduction: Civil Liberty in a Conscripted Age Between 1917 and 1973, the United States fought its wars with drafted soldiers. These conscript wars were also, however, civil libertarian wars. Waged against the “militaristic” or “totalitarian” enemies of civil liberty, each war embodied expanding notions of individual freedom in its execution. At the moment of their country’s rise to global dominance, American citizens accepted conscription as a fact of life. But they also embraced civil liberties law – the protections of freedom of speech, religion, press, assembly, and procedural due process – as the distinguishing feature of American society, and the ultimate justification for American military power. Fortress of Liberty tries to make sense of this puzzling synthesis of mass coercion and individual freedom that once defined American law and politics. It also argues that the collapse of that synthesis during the Cold War continues to haunt our contemporary legal order. Chapter 1: The World War I Draft Chapter One identifies the WWI draft as a civil libertarian institution – a legal and political apparatus that not only constrained but created new forms of expressive freedom. Several progressive War Department officials were also early civil libertarian innovators, and they built a system of conscientious objection that allowed for the expression of individual difference and dissent within the draft. These officials, including future Supreme Court Justices Felix Frankfurter and Harlan Fiske Stone, believed that a powerful, centralized government was essential to the creation of a civil libertarian nation – a nation shaped and strengthened by its diverse, engaged citizenry. -
Yearbook 1988 Supreme Court Historical Society
YEARBOOK 1988 SUPREME COURT HISTORICAL SOCIETY OLIVER WENDELL HOLMES, JR. Associate Justice, 1902-1933 YEARBOOK 1988 SUPREME COURT HISTORICAL SOCIETY OFFICERS Warren E. Burger Chief Justice of the United States (1969-1986) Honorary Chainnan Kenneth Rush, Chainnan Justin A. Stanley, President PUBLICATIONS COMMITTEE Kenneth S. Geller, Chainnan Alice L. O'Donnell E. Barrett Prettyman, Jr. Michael Cardozo BOARD OF EDITORS Gerald Gunther Craig Joyce Michael W. McConnell David O'Brien Charles Alan Wright STAFF EDITORS Clare H. Cushman David T. Pride Barbara R. Lentz Kathleen Shurtleff CONSULTING EDITORS James J. Kilpatrick Patricia R. Evans ACKNOWLEDGEMENT The Officers and Trustees of the Supreme Court Historical Society would like to thank the Charles Evans Hughes Foundation for its generous support of the publication of this Yearbook. YEARBOOK 1988 Supreme Court Historical Society Establishing Justice 5 Sandra Day O'Connor Perspectives on Oliver Wendell Holmes, Jr. Self-Preference, Competition and the Rule of Force: The Holmesian Legacy 11 Gary Jan Aichele Sutherland Remembers Holmes 18 David M. O'Brien Justice Holmes and Lady C 26 John S. Monagan Justice Holmes and the Yearbooks 37 Milton C Handler and Michael Ruby William Pinkney: The Supreme Court's Greatest Advocate 40 Stephen M. Shapiro Harper's Weekly Celebrates the Centennial of the Supreme Court 46 Peter G. Fish Looking Back on Cardozo Justice Cardozo, One-Ninth of the Supreme Court 50 Milton C Handler and Michael Ruby Judging New York Style: A Brief Retrospective of Two New York Judges 60 Andrew L. Kaufman Columbians as Chief Justices: John Jay, Charles Evans Hughes, Harlan Fiske Stone 66 Richard B. -
A History of Global Governance
2 A History of Global Governance It is the sense of Congress that it should be a fundamental objective of the foreign policy of the United States to support and strengthen the United Nations and to seek its development into a world federation open to all nations with definite and limited powers adequate to preserve peace and prevent aggression through the enactment, interpretation and enforcement of world law. House Concurrent Resolution 64, 1949, with 111 co-sponsors There are causes, but only a very few, for which it is worthwhile to fight; but whatever the cause, and however justifiable the war, war brings about such great evils that it is of immense importance to find ways short of war in which the things worth fighting for can be secured. I think it is worthwhile to fight to prevent England and America being conquered by the Nazis, but it would be far better if this end could be secured without war. For this, two things are necessary. First, the creation of an international government, possessing a monopoly of armed force, and guaranteeing freedom from aggression to every country; second, that wars (other than civil wars) are justified when, and only when, they are fought in defense of the international law established by the international authority. Wars will cease when, and only when, it becomes evident beyond reasonable doubt that in any war the aggressor will be defeated. 1 Bertrand Russell, “The Future of Pacifism” By the end of the 20th century, if not well before, humankind had come to accept the need for and the importance of various national institutions to secure political stability and economic prosperity. -
United Nations and World Government, 1967-1970, Part 8
GRENVILLE CLARK INSTITUTE FOR WORLD LAW Woodstock, Connecticut, 06281 The Grenville Clark Institute for World Law is the successor to the Dublin Conference Group, which comprised seventy-nine United States citizens who participated in the Second Dublin Conference of October, 1965 and its second meeting in New York in May, 1966. The Second Dublin Declara tion, issued by the Group, reaffirmed the conclusions of the first Dublin Conference of October, 1945 that the only effective means to establish genuine peace and justice is a world federation empowered to enforce world law against international war_ GRENVILLE CLARK May 11, 1967 ( 1882 -1967) Council THOMAS H. MAHONY, Hon. Walter F. Mondale Chairman DOUGLAS ARANT Senate Office Building MRS_ MILDRED R_ BLAKE Washington, D. C. MRS. WILLIAM W. BRAY HENRY B. CABOT GR ENVILLE CLA RK, JR. Dear Senator Mondale: R ANDOLPH P. COMPTON R EV. ROBERT F. DRINA ,S.J W_ H . FERRY I enclose a copy of the Declaration of The Second Dublin H UDSON HOAGLAND HARRY B. HOLLINS Conference on the essentials of an effective world organization WALTER J. LEONARD to prevent war. This statement was drafted at two meetings, one MRS. EDWARD W. McVITTY .J. A. MIGEL at Dublin, New Hampshire, in October, 1965, and the other in GERARD PIEL New York City in May, 1966. It is a document which we believe STANLEY K. PLATT GABRIEL REINER could, with effective implementation, give a new impetus to the ROBERT H . RE 0 world-wide movement to prevent war and to establish a just and WILLIAM G. SAL TONST ALL LOUIS B. -
Judicial Genealogy (And Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts
The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts BRAD SNYDER* During his Supreme Court nomination hearings, John Roberts idealized and mythologized the first judge he clerkedfor, Second Circuit Judge Henry Friendly, as the sophisticated judge-as-umpire. Thus far on the Court, Roberts has found it difficult to live up to his Friendly ideal, particularlyin several high-profile cases. This Article addresses the influence of Friendly on Roberts and judges on law clerks by examining the roots of Roberts's distinguishedyet unrecognized lineage of former clerks: Louis Brandeis 's clerkship with Horace Gray, Friendly's clerkship with Brandeis, and Roberts's clerkships with Friendly and Rehnquist. Labeling this lineage a judicial genealogy, this Article reorients clerkship scholarship away from clerks' influences on judges to judges' influences on clerks. It also shows how Brandeis, Friendly, and Roberts were influenced by their clerkship experiences and how they idealized their judges. By laying the clerkship experiences and career paths of Brandeis, Friendly, and Roberts side-by- side in detailed primary source accounts, this Article argues that judicial influence on clerks is more professional than ideological and that the idealization ofjudges and emergence of clerks hips as must-have credentials contribute to a culture ofjudicial supremacy. * Assistant Professor, University of Wisconsin Law School. Thanks to Eleanor Brown, Dan Ernst, David Fontana, Abbe Gluck, Dirk Hartog, Dan -
Managing Through Law Firm Crisis
LEADING IN THE FACE OF LAW FIRM CRISIS An Experiential Guidebook For Our Times The COVID-19 pandemic has had an enormous impact on businesses world-wide. Law firms have been no exception. A relative handful of firms are enjoying an increase in demand for their services. For these firms, primary challenges relate to maintaining a safe work environment whether through working from home or modifying personal interaction at the office. For many firms, however, the business disruption includes a decline in work (and corresponding revenue) to an unknown degree for an unknown duration. Many of those firms find themselves in crisis. The following case studies, analysis, observations are offered as historical perspective on the role of leadership in the midst of crisis. In particular, we’ve zeroed in on the challenges related to maintaining stability and liquidity that many law firm leaders now find themselves waking to each day. 2 of 41 WHAT HAPPENED? EXPLORING THE WAKE OF MAN-MADE DISASTERS It seems that scarcely a month passes without news of immeasurable catastrophe in the wake of natural disaster. Tornadoes, hurricanes, earthquakes, and tsunamis can, in the blink of an eye, alter life in unimaginable ways. Aware of the potential consequences, we tend to keep a watchful eye for any early warning signs of such events. And then there are those disasters that are of our own making. Oil spills, breached levees, and economic shell games can pack an equally heavy punch. The tragedy, of course, is that these disasters bear our fingerprints and are to some degree avoidable. -
World Peace Through World Law by Grenville Clark and Louis B. Sohn Robert E
Case Western Reserve Law Review Volume 10 | Issue 1 1959 World Peace Through World Law by Grenville Clark and Louis B. Sohn Robert E. Bingham Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Robert E. Bingham, World Peace Through World Law by Grenville Clark and Louis B. Sohn, 10 Wes. Res. L. Rev. 185 (1959) Available at: https://scholarlycommons.law.case.edu/caselrev/vol10/iss1/8 This Book Review is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 1959) BOOK REVIEWS Book Reviews WORLD P.EAcx THROUGH WOILD LAW, by GRNVMLLE CLARK AND Louis B. SoHN. Harvard University Press, 1958, 525 pages, $7.50. For the first tme, we have available to the public a comprehensive and detailed plan for revising the United Nations Charter to establish legislative, executive and judicial institutions backed by a strong world police force for the prevention of war. Aided by a Ford Foundation grant, this monumental work appears at a time when leading statesmen and thinkers throughout the world are echoing the necessity for world law. The need having been widely recognized, we are fortunate in hav- ing a blueprint from two such able and well qualified authors to form a basis for the extensive discussions which will inevitably be required be- fore truly effective world institutions for the maintenance of peace can be accepted by the peoples of the world. -
Zechariah Chafee, Jr.: Defender of Liberty and Law
BOOK REVIEWS ZECHARIAH CHAFEE, JR.: DEFENDER OF LIBERTY AND LAW. By Donald L. Smith.1 Cambridge, Ma.: Harvard University Press. 1986. Pp. x, 355. $25.00. Michael E. Parrish 2 Zechariah Chafee, Jr., the scion of a wealthy Rhode Island manufacturing family, was a distinguished member of the faculty at the Harvard Law School, where he taught Equity and Bills and Notes for forty years. He was the chief draftsman of the Inter pleader Act of 1937, one of our more arcane federal statutes, which brought a measure of order to the complex legal universe involving multiple claims for the same debt against insurance companies, banks, storage warehouses, and similar businesses. Had he not also plunged into a few of this century's most controversial civil liberties debates, however, it is doubtful that Chafee's sudden death in 1957 would have generated more than a short obituary and his life, though exemplary, would not have merited a biography of this length. But when he was gone, the Chicago Tribune captioned its story, "PROF. CHAFEE, DEFENDER OF LEFfiSTS, DIES," and J. Edgar Hoover himself closed the professor's FBI file with a short, disparaging note. Chafee entered the history books forever between 1918 and 1920, when he published a series of articles in The New Republic and the Harvard Law Review that strongly criticized federal prose cution of war-time dissenters under the Espionage and Sedition Acts and the supine behavior of most of the federal judges who either presided at these trials or sustained the convictions on appeal. These articles became the basis for his celebrated book, Freedom of Speech, which appeared in 1920. -
Notre Dame Lawyer Law School Publications
Notre Dame Law School NDLScholarship Notre Dame Lawyer Law School Publications 7-1-2001 Notre Dame Lawyer - Summer 2001 Notre Dame Law School Follow this and additional works at: http://scholarship.law.nd.edu/nd_lawyer Part of the Law Commons Recommended Citation Notre Dame Law School, "Notre Dame Lawyer - Summer 2001" (2001). Notre Dame Lawyer. Book 17. http://scholarship.law.nd.edu/nd_lawyer/17 This Book is brought to you for free and open access by the Law School Publications at NDLScholarship. It has been accepted for inclusion in Notre Dame Lawyer by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. N o li R IE ID A M\ IL A w y IE R Summer 200 1 LAW SCHOO FOCUS Bridging Our Past and Our Future 3 The Search for Space FACULTY PROFILE: Charles E. Rice 40 STUDENT NOTES FACULTY NOTES 28th Annual BLSA Weekend Editor: Cathy Pieronek Tex Dutile '65 J.D. Honored by Honors Alumni and Students Alumni Association 41 Journals Contributing Authors: 17 Jimmy Gurule Appointed to HLSA Presents Olivarez Award Matthew]. Barrett, Robert E. Presidential Commission Lardy Fellowship Awarded Barton, Robert Boldt, Michael 18 Alan Gunn Delivers Inaugural Lecture 42 SBA, Honor Council Members ]. Hol/and, Roger E Jacobs, 19 Visiting Professors for 2001-02 Elected Mike Maher, Frederick]. 20 Faculty Promotions Announced 42 IRISHLAW SPORTSREPORT Martone, Robert Mohan, 21 Faculty on Leave for 2001-02 43 LAW SCHOOL BRIEFS Patricia A. O'Hara, Lucy 22 Former NDLS Professor Appointed Summer Programs at NDLS Salsbury Payne, Robert E. Dean at Catholic University 44 NDLS Hosts Distinguished Speakers Rodes Jr., Maxine M. -
Decisionmaking in the Supreme Court, 1948-1958
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1980 Unanimity and Desegregation: Decisionmaking in the Supreme Court, 1948-1958 Dennis J. Hutchinson Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Dennis J. Hutchinson, "Unanimity and Desegregation: Decisionmaking in the Supreme Court, 1948-1958," 68 Georgetown Law Journal 1 (1980). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Unanimity and Desegregation: Decisionmaking in the Supreme Court, 1948-1958* DENNIS J. HUTCHINSON** By a process that has been the subject of considerable speculation, the United States Supreme Court reached a unanimous decision in the 1954 cases of Brown v. Board of Education and Bolling v. Sharpe, declaring unconstitutional statutory segregation in public school systems in the states and in the District of Columbia. Using previously unpublished material, Professor Hutchinson traces the rise and fall of unanimity in the segregation cases of the 1950's. The article delineates the Court's internal decisionmaking process and analyzes the role of unanimity in influencing the response of both the Court and the nation to the escalating challenges to the separationof the races. TABLE OF CONTENTS I. INTRODUCTION .....................................................................................2 -
Centurions in Public Service Preface 11 Acknowledgments Ment from the Beginning; Retired Dewey Ballantine Partner E
centurions in pu blic service Particularly as Presidents, Supreme Court Justices & Cabinet Members by frederic s. nathan centurions in pu blic service Particularly as Presidents, Supreme Court Justices & Cabinet Members by frederic s. nathan The Century Association Archives Foundation, New York “...devotion to the public good, unselfish service, [an d] never-ending consideration of human needs are in them - selves conquering forces. ” frankli n delano roosevelt Rochester, Minnesota, August 8, 1934 Table of Contents pag e 9 preface 12 acknowle dgments 15 chapte r 0ne: Presidents, Supreme Court Justices, and Cabinet Members 25 charts Showing Dates of Service and Century Association Membership 33 chapte r two: Winning World War II 81 chapte r three: Why So Many Centurions Entered High Federal Service Before 1982 111 chapte r four: Why Centurion Participation Stopped and How It Might Be Restarted 13 9 appendix 159 afterw0rd the century association was founded in 1847 by a group of artists, writers, and “amateurs of the arts” to cultivate the arts and letters in New York City. They defined its purpose as “promoting the advancement Preface of art and literature by establishing and maintaining a library, reading room and gallery of art, and by such other means as shall be expedient and proper for that purpose.” Ten years later the club moved into its pen ul - timate residence at 109 East 15 th Street, where it would reside until January 10, 1891 , when it celebrated its an - nual meeting at 7 West 43 rd Street for the first time. the century association archives founda - tion was founded in 1997 “to foster the Foundation’s archival collection of books, manuscripts, papers, and other material of historical importance; to make avail able such materials to interested members of the public; and to educate the public regarding its collec - tion and related materials.” To take these materials from near chaos and dreadful storage conditions to a state of proper conservation and housing, complete with an online finding aid, is an accomplishment of which we are justly proud.