Interview with Pierce Butler III
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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. -
A TUB to the WHALE": the FOUNDING FATHERS and ADOPTION of the FEDERAL BILL of RIGHTS Kenneth R
"A TUB TO THE WHALE": THE FOUNDING FATHERS AND ADOPTION OF THE FEDERAL BILL OF RIGHTS Kenneth R. Bowling Seamen have a custom, when they meet a whale, to fling him out an empty tub by way of amusement, to divert him from laying violent hands upon the ship. Jonathan Swift, Tale of a Tub (1704) Like a barrel thrown to the whale, the people were to be amused with fancied amendments, until the harpoon of power, should secure its prey and render resistance ineffectual. [Samuel Bryan], ''Centinel NO. 19, ' ' (Philadel- phia) Independent Gazetteer, October 7, 1788 The constitutional role of the federal Bill of Rights has been monu- mental. This fact would surprise most members of the First Federal Congress, the body which reluctantly proposed to the states the con- stitutional amendments later called the Bill of Rights.' The Federalist Mr. Bowling is a member of the First Federal Congress Project at George Wash- ington University, Washington, D.C. This article is based upon a chapter in his "Politics in the First Congress, 1789-1791" (Ph.D. diss., University of Wisconsin 1968). Additional research was conducted under a grant from the National Endow- ment for the Humanities. ' Although much has been written about the Bill of Rights, very little of it re- lates to the legislative history of its adoption. This is particularly true about the polit- ical aspects, most of which are contained in previously unstudied manuscripts. Robert A. Rutland, The Birth of the Bill of Rights, 1776-1791 (Chapel Hill 1955), which focuses on the background of the amendments, aptly summarizes its passage through the First Federal Congress. -
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. -
Supreme Court Justices
The Supreme Court Justices Supreme Court Justices *asterick denotes chief justice John Jay* (1789-95) Robert C. Grier (1846-70) John Rutledge* (1790-91; 1795) Benjamin R. Curtis (1851-57) William Cushing (1790-1810) John A. Campbell (1853-61) James Wilson (1789-98) Nathan Clifford (1858-81) John Blair, Jr. (1790-96) Noah Haynes Swayne (1862-81) James Iredell (1790-99) Samuel F. Miller (1862-90) Thomas Johnson (1792-93) David Davis (1862-77) William Paterson (1793-1806) Stephen J. Field (1863-97) Samuel Chase (1796-1811) Salmon P. Chase* (1864-73) Olliver Ellsworth* (1796-1800) William Strong (1870-80) ___________________ ___________________ Bushrod Washington (1799-1829) Joseph P. Bradley (1870-92) Alfred Moore (1800-1804) Ward Hunt (1873-82) John Marshall* (1801-35) Morrison R. Waite* (1874-88) William Johnson (1804-34) John M. Harlan (1877-1911) Henry B. Livingston (1807-23) William B. Woods (1881-87) Thomas Todd (1807-26) Stanley Matthews (1881-89) Gabriel Duvall (1811-35) Horace Gray (1882-1902) Joseph Story (1812-45) Samuel Blatchford (1882-93) Smith Thompson (1823-43) Lucius Q.C. Lamar (1883-93) Robert Trimble (1826-28) Melville W. Fuller* (1888-1910) ___________________ ___________________ John McLean (1830-61) David J. Brewer (1890-1910) Henry Baldwin (1830-44) Henry B. Brown (1891-1906) James Moore Wayne (1835-67) George Shiras, Jr. (1892-1903) Roger B. Taney* (1836-64) Howell E. Jackson (1893-95) Philip P. Barbour (1836-41) Edward D. White* (1894-1921) John Catron (1837-65) Rufus W. Peckham (1896-1909) John McKinley (1838-52) Joseph McKenna (1898-1925) Peter Vivian Daniel (1842-60) Oliver W. -
The Signers of the U.S. Constitution
CONSTITUTIONFACTS.COM The U.S Constitution & Amendments: About the Signers (Continued) The Signers of the U.S. Constitution On September 17, 1787, the Constitutional Convention came to a close in the Assembly Room of Independence Hall in Philadelphia, Pennsylvania. There were seventy individuals chosen to attend the meetings with the initial purpose of amending the Articles of Confederation. Rhode Island opted to not send any delegates. Fifty-five men attended most of the meetings, there were never more than forty-six present at any one time, and ultimately only thirty-nine delegates actually signed the Constitution. (William Jackson, who was the secretary of the convention, but not a delegate, also signed the Constitution. John Delaware was absent but had another delegate sign for him.) While offering incredible contributions, George Mason of Virginia, Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts refused to sign the final document because of basic philosophical differences. Mainly, they were fearful of an all-powerful government and wanted a bill of rights added to protect the rights of the people. The following is a list of those individuals who signed the Constitution along with a brief bit of information concerning what happened to each person after 1787. Many of those who signed the Constitution went on to serve more years in public service under the new form of government. The states are listed in alphabetical order followed by each state’s signers. Connecticut William S. Johnson (1727-1819)—He became the president of Columbia College (formerly known as King’s College), and was then appointed as a United States Senator in 1789. -
The Appointment of Hugo L. Black
The University of Chicago Law Review VOLUME 41 NUMBER 1FALL 1973 A Klansman Joins the Court: The Appointment of Hugo L. Black William E. Leuchtenburgj I. THE NOMINATION On August 12, 1937, Franklin Delano Roosevelt, rebounding from the worst setback of his long Presidency, took the first of a series of steps toward creating what historians would one day call "the Roose- velt Court." Galling defeat had come less than a month before when the Senate had killed his scheme to add a Justice to the Supreme Court for every member aged seventy or over who did not resign or retire. The original plan would have allowed the President to name as many as six new Justices, but after a bitter 168-day fight, the measure was buried, amid loud rejoicing from FDR's opponents. Roosevelt was not finished yet, however, for one legacy of the protracted struggle was the creation of a vacancy on the Supreme Court, and it was the President's prerogative to nominate a successor. The choice he finally made would trigger an acrimonious controversy and would have a momentous im- pact on the disposition of the Court. The vacancy resulted, at least indirectly, from Roosevelt's "Court- packing" plan. The President had advanced his bold proposal in February because he was frustrated by the performance of the Supreme Court, particularly the conservative "Four Horsemen"--Willis Van t De Witt Clinton Professor of History, Columbia University. This article is an expanded version of a paper presented as the second annual William Winslow Crosskey Lecture in Legal History at The University of Chicago Law School on February 28, 1973. -
Slavery in the Constitution: the Ri Onic Shifts in Tension Over Three Pivotal Clauses Joseph Privitera Union College - Schenectady, NY
Union College Union | Digital Works Honors Theses Student Work 6-2012 Slavery in the Constitution: The rI onic Shifts in Tension Over Three Pivotal Clauses Joseph Privitera Union College - Schenectady, NY Follow this and additional works at: https://digitalworks.union.edu/theses Part of the Inequality and Stratification Commons, and the United States History Commons Recommended Citation Privitera, Joseph, "Slavery in the Constitution: The rI onic Shifts in eT nsion Over Three Pivotal Clauses" (2012). Honors Theses. 885. https://digitalworks.union.edu/theses/885 This Open Access is brought to you for free and open access by the Student Work at Union | Digital Works. It has been accepted for inclusion in Honors Theses by an authorized administrator of Union | Digital Works. For more information, please contact [email protected]. Slavery in the Constitution: The Ironic Shifts in Tension Over Three Pivotal Clauses By Joseph F. Privitera ********** Submitted in partial fulfillment of the requirements for Honors in the Department of History UNION COLLEGE June, 2012 Table of Contents Introduction 3 Chapter I – Three-Fifths Clause 16 Chapter II – Slave Trade Clause 34 Chapter II – Fugitive Slave Clause 51 Conclusion 62 Bibliography 65 2 Introduction In 1842 the United States Supreme Court came to an 8-1 decision in a case that was highly controversial on a national scale. While Prigg v. Pennsylvania (1842) directly involved only the fate of one family, it held major significance for all the inhabitants of the nation, whether enslaved or free. When Justice Joseph Story delivered the Opinion of the Court that the Fugitive Slave Act of 1793 was constitutional and no state could pass any law expanding upon or interfering with the regulations contained therein, it became quite clear that slaveholders had gained a major victory over those opposed to the institution. -
Censorship and Journalists' Privilege
From the Archives An occasional series spotlighting captivating and relevant scholarship from back issues of Minnesota History. “Censorship and Journalists’ Privilege” was an edited version of a talk given by journalist Fred Friendly at the 1978 annual meeting and history conference of the Minnesota Historical Society. It was published in the Winter 1978 issue. meantime restrained, and they are hereby forbidden to Censorship and produce, edit, publish, circulate, have in their possession, Journalists’ Privilege sell or give away any publication known by any other name whatsoever containing malicious, scandalous, and The Case of Near versus Minnesota— defamatory matter of the kind alleged in plaintiff’s com- A Half Century Later plaint herein or otherwise.”4 His order was upheld five months later when Chief Justice Samuel B. Wilson declared for the majority of the Fred W. Friendly Minnesota Supreme Court: “In Minnesota no agency can hush the sincere and honest voice of the press; but our Although journalists tend to give all credit to the Constitution was never intended to protect malice, scan- Founding Fathers for freedom of the press, it was the dal, and defamation, when untrue or published without creative work of this century’s judiciary— Charles Evans justifiable ends.” By way of comparison Justice Wilson Hughes, Oliver Wendell Holmes, Louis D. Brandeis, noted that the constitutional guarantee of freedom of among others— that nationalized the First Amendment. assembly does not protect illegal assemblies, such as For it was only forty- eight years ago, in its [1931] decision riots, nor does it deny the state power to prevent them.5 in Near v. -
Two Versions of the Preamble to the Constitution, 1787
1 Two versions of the Preamble to the Constitution, 1787 Introduction On May 25, 1787, the fifty-five delegates to the Constitutional Convention began meeting in a room, no bigger than a large schoolroom, in Philadelphia’s State House. They posted sentries at the doors and windows to keep their “secrets from flying out.” They barred the press and public, and took a vow not to reveal to anyone the words spoken there. There were speeches of two, three, and four hours. The convention, which lasted four months, took only a single eleven-day break. First draft of the United States Constitution, with notes by Pierce Butler, August 6, 1787 This copy of the draft of the Constitution was printed secretly for the delegates in August 1787. In order to make it easier for them to take notes it was printed with wide margins. Delegate Pierce Butler, one of the wealthiest slaveholders from South Carolina, owned and marked up this copy. First printing of the official United States Constitution, for members of the Constitutional Convention, inscribed by Benjamin Franklin to Jonathan Williams, September 17, 1787 The first official printed version of the Constitution was distributed to the delegates, among whom Benjamin Franklin, aged 81, was the senior member. The preamble of the working draft and the final version differ significantly. In the August 6 preamble, delegates described themselves as representatives of “the States of New-Hampshire, Massachusetts, Rhode-Island,” etc. The final version, beginning “We the People of the United States,” shows that in the six weeks between the writing of the draft and of the final version, the idea of a united nation had been born. -
Willis Van Devanter - a Re-Examination
Wyoming Law Review Volume 1 Number 1 Article 11 January 2001 Willis Van Devanter - A Re-Examination Wallace H. Johnson Follow this and additional works at: https://scholarship.law.uwyo.edu/wlr Recommended Citation Johnson, Wallace H. (2001) "Willis Van Devanter - A Re-Examination," Wyoming Law Review: Vol. 1 : No. 1 , Article 11. Available at: https://scholarship.law.uwyo.edu/wlr/vol1/iss1/11 This Article is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Wyoming Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Johnson: Willis Van Devanter - A Re-Examination WILLIS VAN DEVANTER-A "RE- EXAMINATION" Honorable Wallace H. Johnson About a year ago, Al Simpson, our host and Honorary Chairman of this event, Jerry Parkinson, Dean of Wyoming's College of Law, and I were discussing the Supreme Court of the United States, the Wyoming Bar, and "Frontier Justice." Senator Simpson called our attention to the fact that Willis Van Devanter was the only Wyoming citizen who has served as an Associate Justice of the Court. He "wondered" to us aloud why more recognition was not afforded Justice Van Devanter within Wyoming's Bench, Bar,and historical community. The Senator stimulated my interest since the Justice began his national public career as Assistant Attorney General for Public Lands (AAG-Lands), appointed by President McKinley in 1897 and serving in that office six years until 1903. While responsible to the Attorney Gen- eral of the United States, the position of AAG-Lands was then physically located in the Department of Interior, and the principal responsibility was to litigate on behalf of that Department concerning public lands and Native American issues. -
A Great Compromise
A Great Compromise: The Sherman Plan Saves the Constitutional Convention of 1787 Lucy Phelan Junior Division Historical Paper Paper Length: 2,495 Words 2 INTRODUCTION In May 1787, delegates from twelve of the thirteen United States met in a federal Convention to “devise such further provisions as shall appear to them necessary to render the Constitution of the federal Government adequate to the exigencies of the Union.”1 Simply stated, there was an urgent need to fix the political system under the existing Articles of Confederation. However, differences over the structure of the legislative branch quickly led to conflict. Some, particularly delegates from larger-population states, envisioned a strong National legislature with representatives elected by the people (“proportional representation”). Others from smaller states disagreed, fearing a power grab by the larger states, and supported equal representation for each state. This conflict threatened to destroy the Convention. After large-state efforts to force proportional representation in both legislative houses, small-state delegates stopped cooperating altogether. The two sides became deadlocked. Roger Sherman’s Great Compromise of proportional representation in the lower house and equal representation in the upper broke the stalemate. The delegates resumed the Convention and finished writing a new Constitution to replace the Articles of Confederation and corresponding system of government. Ratified two years later, this Constitution has successfully weathered another 230 years of tension, conflict and even turmoil in American history and politics. The Constitution of 1787 continues to serve as the basis of the United States Government today.2 1 Pauline Maier, Ratification: The People Debate the Constitution, 1787 – 1788 (New York: Simon & Schuster, 2011), 3. -
The Supreme Court Opinion As Institutional Practice: Dissent, Legal Scholarship, and Decisionmaking in the Taft Court
The Supreme Court Opinion as Institutional Practice: Dissent, Legal Scholarship, and Decisionmaking in the Taft Court Robert Postt In 1921, when William Howard Taft became Chief Justice, the Supreme Court did not occupy the serene and imposing marble building that has since become its contemporary icon.1 Its courtroom was instead located in the old Senate Chamber, whose intimate, elegant surroundings echoed with the debates of Webster, Clay, and Calhoun.2 Its administrative staff and offices were scattered haphazardly and inefficiently throughout the Capitol.3 It was Taft who, with great skill and patience, t I am very grateful for the advice and insight of friends and colleagues. I would particularly like to thank Paul Carrington, Jesse Choper, Meir Dan- Cohen, Mel Eisenberg, Dan Farber, Phil Frickey, Barry Friedman, Howard Gillman, Jim Gordley, Morton Horowitz, Laura Kalman, Robert Kagan, Larry Kramer, David Lieberman, Sandy Levinson, David and Miranda McGowan, Paul Mishkin, William Nelson, Judith Resnik, Dan Rubinfeld, Reva Siegel, and Mark Tushnet. I am especially grateful for the stalwart and heroic efforts of Linda Lye, Cathy Shuck, and Sambhav Nott Sankar. Copyright 2001 by Robert Post. Many of the materials cited and quoted herein are archival and on file with the author. The Minnesota Law Review was thus unable to independ- ently verify this authority. Unless otherwise noted, figures are based on the independent research of the author or annual reports of the Attorney General of the United States. 1. Writing in 1984, Margaret P. Lord noted that to the Justices who first moved into the contemporary Supreme Court building in 1935, "the spaces were too huge, the corridors were too long and cold, the rooms too formal." Margaret P.