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Volume 59, Issue 1
Volume 60, Issue 4 Page 1023 Stanford Law Review THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal & Richard Caplan © 2008 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 60 STAN. L. REV. 1023 (2008). For information visit http://lawreview.stanford.edu. THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal* and Richard Caplan** INTRODUCTION.....................................................................................................1024 I. THE NSA CONTROVERSY .................................................................................1029 A. The Foreign Intelligence Surveillance Act................................................1029 B. The NSA Program .....................................................................................1032 II. THE PRECURSOR TO THE FDR PRECEDENT: NARDONE I AND II........................1035 A. The 1934 Communications Act .................................................................1035 B. FDR’s Thirst for Intelligence ....................................................................1037 C. Nardone I...................................................................................................1041 D. Nardone II .................................................................................................1045 III. FDR’S DEFIANCE OF CONGRESS AND THE SUPREME COURT..........................1047 A. Attorney General -
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. -
The US Army Air Forces in WWII
DEPARTMENT OF THE AIR FORCE HEADQUARTERS UNITED STATES AIR FORCE Air Force Historical Studies Office 28 June 2011 Errata Sheet for the Air Force History and Museum Program publication: With Courage: the United States Army Air Forces in WWII, 1994, by Bernard C. Nalty, John F. Shiner, and George M. Watson. Page 215 Correct: Second Lieutenant Lloyd D. Hughes To: Second Lieutenant Lloyd H. Hughes Page 218 Correct Lieutenant Hughes To: Second Lieutenant Lloyd H. Hughes Page 357 Correct Hughes, Lloyd D., 215, 218 To: Hughes, Lloyd H., 215, 218 Foreword In the last decade of the twentieth century, the United States Air Force commemorates two significant benchmarks in its heritage. The first is the occasion for the publication of this book, a tribute to the men and women who served in the U.S. Army Air Forces during World War 11. The four years between 1991 and 1995 mark the fiftieth anniversary cycle of events in which the nation raised and trained an air armada and com- mitted it to operations on a scale unknown to that time. With Courage: U.S.Army Air Forces in World War ZZ retells the story of sacrifice, valor, and achievements in air campaigns against tough, determined adversaries. It describes the development of a uniquely American doctrine for the application of air power against an opponent's key industries and centers of national life, a doctrine whose legacy today is the Global Reach - Global Power strategic planning framework of the modern U.S. Air Force. The narrative integrates aspects of strategic intelligence, logistics, technology, and leadership to offer a full yet concise account of the contributions of American air power to victory in that war. -
A Counterintelligence Reader, Volume 2 Chapter 1, CI in World
CI in World War II 113 CHAPTER 1 Counterintelligence In World War II Introduction President Franklin Roosevelts confidential directive, issued on 26 June 1939, established lines of responsibility for domestic counterintelligence, but failed to clearly define areas of accountability for overseas counterintelligence operations" The pressing need for a decision in this field grew more evident in the early months of 1940" This resulted in consultations between the President, FBI Director J" Edgar Hoover, Director of Army Intelligence Sherman Miles, Director of Naval Intelligence Rear Admiral W"S" Anderson, and Assistant Secretary of State Adolf A" Berle" Following these discussions, Berle issued a report, which expressed the Presidents wish that the FBI assume the responsibility for foreign intelligence matters in the Western Hemisphere, with the existing military and naval intelligence branches covering the rest of the world as the necessity arose" With this decision of authority, the three agencies worked out the details of an agreement, which, roughly, charged the Navy with the responsibility for intelligence coverage in the Pacific" The Army was entrusted with the coverage in Europe, Africa, and the Canal Zone" The FBI was given the responsibility for the Western Hemisphere, including Canada and Central and South America, except Panama" The meetings in this formative period led to a proposal for the organization within the FBI of a Special Intelligence Service (SIS) for overseas operations" Agreement was reached that the SIS would act -
Harry S. Truman and the Fight Against Racial Discrimination
“Everything in My Power”: Harry S. Truman and the Fight Against Racial Discrimination by Joseph Pierro Thesis submitted to the Graduate Faculty of the Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of MASTER OF ARTS in History Peter Wallenstein, Chairman Crandall Shifflett Daniel B. Thorp 3 May 2004 Blacksburg, Virginia Keywords: civil rights, discrimination, equality, race, segregation, Truman “Everything in My Power”: Harry S. Truman and the Fight Against Racial Discrimination by Joseph Pierro Abstract Any attempt to tell the story of federal involvement in the dismantling of America’s formalized systems of racial discrimination that positions the judiciary as the first branch of government to engage in this effort, identifies the 1954 Brown v. Board of Education decision as the beginning of the civil rights movement, or fails to recognize the centrality of President Harry S. Truman in the narrative of racial equality is in error. Driven by an ever-increasing recognition of the injustices of racial discrimination, Truman offered a comprehensive civil rights program to Congress on 2 February 1948. When his legislative proposals were rejected, he employed a unilateral policy of action despite grave political risk, and freed subsequent presidential nominees of the Democratic party from its southern segregationist bloc by winning re-election despite the States’ Rights challenge of Strom Thurmond. The remainder of his administration witnessed a multi-faceted attack on prejudice involving vetoes, executive orders, public pronouncements, changes in enforcement policies, and amicus briefs submitted by his Department of Justice. The southern Democrat responsible for actualizing the promises of America’s ideals of freedom for its black citizens is Harry Truman, not Lyndon Johnson. -
The Kennedy Administration's Alliance for Progress and the Burdens Of
The Kennedy Administration’s Alliance for Progress and the Burdens of the Marshall Plan Christopher Hickman Latin America is irrevocably committed to the quest for modernization.1 The Marshall Plan was, and the Alliance is, a joint enterprise undertaken by a group of nations with a common cultural heritage, a common opposition to communism and a strong community of interest in the specific goals of the program.2 History is more a storehouse of caveats than of patented remedies for the ills of mankind.3 The United States and its Marshall Plan (1948–1952), or European Recovery Program (ERP), helped create sturdy Cold War partners through the economic rebuilding of Europe. The Marshall Plan, even as mere symbol and sign of U.S. commitment, had a crucial role in re-vitalizing war-torn Europe and in capturing the allegiance of prospective allies. Instituting and carrying out the European recovery mea- sures involved, as Dean Acheson put it, “ac- tion in truly heroic mold.”4 The Marshall Plan quickly became, in every way, a paradigmatic “counter-force” George Kennan had requested in his influential July 1947 Foreign Affairs ar- President John F. Kennedy announces the ticle. Few historians would disagree with the Alliance for Progress on March 13, 1961. Christopher Hickman is a visiting assistant professor of history at the University of North Florida. I presented an earlier version of this paper at the 2008 Policy History Conference in St. Louis, Missouri. I appreciate the feedback of panel chair and panel commentator Robert McMahon of The Ohio State University. I also benefited from the kind financial assistance of the John F. -
Presidential Leadership and Civil Rights Lawyering in the Era Before Brown
Indiana Law Journal Volume 85 Issue 4 Article 14 Fall 2010 Presidential Leadership and Civil Rights Lawyering in the Era Before Brown Lynda G. Dodd City University of New York Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Civil Law Commons, Education Law Commons, and the Law and Politics Commons Recommended Citation Dodd, Lynda G. (2010) "Presidential Leadership and Civil Rights Lawyering in the Era Before Brown," Indiana Law Journal: Vol. 85 : Iss. 4 , Article 14. Available at: https://www.repository.law.indiana.edu/ilj/vol85/iss4/14 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Presidential Leadership and Civil Rights Lawyering in the Era Before Brownt LYNDA G. DODD* INTRODUCTION ....................................................................................................1599 I. THE DAWNING OF A NEW CIVIL RIGHTS ERA ...................................................1607 A. WORLD WAR II AND THE MOBILIZATION OF AFRICAN AMERICANS ......1607 B. THE GROWTH OF THE CIVIL RIGHTS INFRASTRUCTURE .........................1609 II. CIVIL RIGHTS ENFORCEMENT CHALLENGES UNDER TRUMAN ........................1610 A. TRUMAN'S FIRST YEAR IN OFFICE .........................................................1610 B. 1946: RACIAL VIOLENCE AND CALLS FOR JUSTICE ................................1612 III. THE PRESIDENT'S COMMITTEE ON CIVIL RIGHTS ...........................................1618 A. UNDER PRESSURE: TRUMAN CREATES A COMMHITEE ...........................1618 B. CIVIL RIGHTS ENFORCEMENT POLICIES: PROPOSALS FOR REFORM .......1625 C. THE REPORT OF THE PRESIDENT'S COMMITTEE ON CIVIL RIGHTS .........1635 IV. REACTION AND REVOLT: TRUMAN'S CIVIL RIGHTS AGENDA ........................1638 A. -
Capitol 1St Floor Exhibits, Artwork
Capitol 1st Floor Exhibits, Artwork GOVERNOR PORTRAITS A- Heber Wells 1896-1905 I- Joseph B. Lee 1949-57 B- John Cutler 1905-09 J- George Clyde 1957-65 Capitol C- William Spry 1909-17 K- Calvin Rampton 1965-77 Preservation D- Simon Bamberger 1917-21 L- Scott Matheson 1977-85 Visitor Board Office Services E- Charles Mabey 1921-25 M- Norman Bangerter 1985-93 Office 130 120 F- George Dern 1925-33 N- Michael Leavitt 1993-2003 G- Henry Blood 1933-41 O- Olene Walker 2003-05 H- Herbert Maw 1941-49 P- Jon Huntsman 2005-09 Vending Presentation Governors Conf. Room Room Office of 14 Utah Mgmt. & Highway Student 3 Budget P A Lunch Patrol 105 Area VISITOR CENTER 140 O B 110 N C 100 9 8 7 6 M D WEST HALL OF GOVERNORS EAST 5 4 West 2 Tours Begin ENTRANCE Gallery Utah State Seal Here ENTRANCE 10 11 12 13 L E 1 K F 150 J G 170 180 Governors I H Office of the Office of Treasurer Mgmt. & Budget 1- Shaping the State of Utah 2- Utah from Space, 3-D Map of Utah 7- Utah’s Art Law of 1899, First in the Nation 11- The Beehive State 8- A Paleontologist’s Paradise, Natural History 12- Evolution of the Utah State Flag 3- Student Artwork Honoring the Capitol Centennial Museum of Utah 13- Richard K.A. Kletting, Architect of the Capitol 4- 1895, Utah Constitution 9- It All Begins with Mining 14- Jim Bridger Meets the Indians- Minerva Teichert 5- Replica of the Liberty Bell 10- A Building Full of Treasure 6- Filmed in Utah, Our History as a Film Making Destination Capitol 2nd Floor Exhibits, Artwork 6 5 State Auditor’s Office 260 1 2 Office of Capitol Governor & Board ROTUNDA 240 Lt. -
The 1962 Bear River Project, Utah An"D Idaho
Utah State University DigitalCommons@USU Library Faculty & Staff Publications Libraries 2004 "The Hardest Worked River In the World": The 1962 Bear River Project, Utah an"d Idaho Robert Parson Utah State University Follow this and additional works at: https://digitalcommons.usu.edu/lib_pubs Part of the Library and Information Science Commons, and the United States History Commons Recommended Citation "The Hardest Worked River In the World: The 1962 Bear River Project, Utah and Idaho," Utah Historical Quarterly, vol. 72, no. 2, spring, 2004. This Article is brought to you for free and open access by the Libraries at DigitalCommons@USU. It has been accepted for inclusion in Library Faculty & Staff Publications by an authorized administrator of DigitalCommons@USU. For more information, please contact [email protected]. UTAH HISTORICAL QUARTERLY SPRING 2004 • VOLUME 72 • NUMBER 2 UTAH HISTORICAL QUARTERLY (ISSN 0042-143X) EDITORIAL STAFF PHILIP F.NOTARIANNI, Editor ALLAN KENT POWELL, Managing Editor CRAIG FULLER, Associate Editor ADVISORY BOARD OF EDITORS NOEL A. CARMACK, Hyrum, 2006 LEE ANN KREUTZER, Salt Lake City,2006 STANFORD J. LAYTON, Salt Lake City,2006 ROBERT S. MCPHERSON, Blanding, 2004 MIRIAM B. MURPHY, Murray,2006 ANTONETTE CHAMBERS NOBLE, Cora,Wyoming, 2005 JANET BURTON SEEGMILLER, Cedar City,2005 JOHN SILLITO, Ogden, 2004 GARY TOPPING, Salt Lake City,2005 RONALD G.WATT,West Valley City,2004 Utah Historical Quarterly was established in 1928 to publish articles, documents, and reviews contributing to knowledge of Utah history. The Quarterly is published four times a year by the Utah State Historical Society, 300 Rio Grande, Salt Lake City, Utah 84101. Phone (801) 533-3500 for membership and publications information. -
Franklin Roosevelt, Thomas Dewey and the Wartime Presidential Campaign of 1944
POLITICS AS USUAL: FRANKLIN ROOSEVELT, THOMAS DEWEY, AND THE WARTIME PRESIDENTIAL CAMPAIGN OF 1944 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. POLITICS AS USUAL: FRANKLIN ROOSEVELT, THOMAS DEWEY AND THE WARTIME PRESIDENTIAL CAMPAIGN OF 1944 A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy By Michael A. Davis, B.A., M.A. University of Central Arkansas, 1993 University of Central Arkansas, 1994 December 2005 University of Arkansas Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ABSTRACT This dissertation examines the U.S. wartime presidential campaign of 1944. In 1944, the United States was at war with the Axis Powers of World War II, and Democrat Franklin D. Roosevelt, already serving an unprecedented third term as President of the United States, was seeking a fourth. Roosevelt was a very able politician and-combined with his successful performance as wartime commander-in-chief-- waged an effective, and ultimately successful, reelection campaign. Republicans, meanwhile, rallied behind New York Governor Thomas E. Dewey. Dewey emerged as leader of the GOP at a critical time. Since the coming of the Great Depression -for which Republicans were blamed-the party had suffered a series of political setbacks. Republicans were demoralized, and by the early 1940s, divided into two general national factions: Robert Taft conservatives and Wendell WiIlkie "liberals." Believing his party's chances of victory over the skilled and wily commander-in-chiefto be slim, Dewey nevertheless committed himself to wage a competent and centrist campaign, to hold the Republican Party together, and to transform it into a relevant alternative within the postwar New Deal political order. -
President Harry Truman Liked to Refer to His Wife, Bess, As the Boss
CSPAN/FIRST LADIES BESS TRUMAN JUNE 9, 2014 11:34 a.m. ET SUSAN SWAIN, HOST: President Harry Truman liked to refer to his wife, Bess, as the boss. Family was her number-one priority. She had little to say to the media, destroyed many of her letters, and spent a good part of her White House years home in Missouri. Bess Truman served as first lady on her own terms. Good evening, and welcome to C-SPAN's continuing series, "First Ladies: Influence and Image.” Tonight, the story of the wife of the 33rd president of the United States, Bess Truman. Here to tell us more about her are two guests. We're very pleased to welcome back to our set Bill Seale, who is a White House historian. His latest book is called "The Imperial Season," coming out on November 12th. A little plug for you there, Bill. WILLIAM SEALE, AUTHOR: Yes, thank you. SWAIN: Nicole Anslover is a history professor and the author of a biography of Harry Truman called "The Coming of the Cold War.” Thanks for being here. Nice to meet you. NICOLE ANSLOVER, PROFESSOR OF HISTORY: Thank you. SWAIN: Well, where we left off last week was the death of Franklin Roosevelt. April 12, 1945, the call comes in to Harry Truman. Where is he? Then he gets the message that he's needed. ANSLOVER: He's having a drink with his cronies, as he was often want to do. He thought a lot of politics was accomplished by relaxing and having a somewhat more cordial atmosphere. -
Harry S. Truman: a Study of the Rhetoric of Limited Commitment
HARRY S. TRUMAN: A STUDY OF THE RHETORIC OF LIMITED COMMITMENT by Gary S. Gentle B.S., Florence State University, 1959 Subm1tted to the Department of Speech and Drama and to the Faculty of the Graduate School of the Uni vers1 ty of Kansas in partial fulfillment of the requirements for the degree of Master of Arts. Redacted Signature Instructor 1n charge Redacted Signature For the department ACKNOWLEDGMENTS I wish to express my deep appreciation to the people who have contributed to this study. I am especially grateful to my advisor, Professor Robert Hamlin, for his assistance, encouragement, ana interest in the research and writing. I would also like to express my apprecia- tion to my other committee members, Professor W1l L1nkugel and Professor David Berg, for their assistance and cooperation during the final stages of writing. I wish to thank the officials of the Truman Library in Independence, Missouri for their assistance in the use of materials. A special thanks goes to Professor William Conboy for his part in my acceptance into the d1sc1pline. And finally, I wish to express thanks to my wife and family whose patience, love, and understanding helped bring this study to completion. 11 TABLE OF CONTENTS Page ACKNOWLEDGMENTS. • 11 TABLE OF CONTENTS. ill CHAPTER I. NATURE OF THE STUDY . • . l Introduction ..... l Purpose of the Study. 3 Reasons for the Study. 4 Materials . ... 5 Overview of Chapters .. 6 II. TRUMAN'S DEVELOPMENT AS A RHETORICAL AGENT. 8 Introduction. ... 8 Early Life ....•.. 8 From War to Politics .... 16 Judge Truman ....... l 9 Senator Who? .... 26 Back to Washington .