The Long Reach Of The Sixties

Author: Laura Kalman
Publisher: Oxford University Press
ISBN: 019995822X
Size: 61.49 MB
Format: PDF, Docs
View: 2719
Download
"Americans often hear that Presidential elections are about "who controls" the Supreme Court. In The Long Reach of the Sixties, eminent legal historian Laura Kalman focuses on the period between 1965 and 1971, when Presidents Johnson and Nixon launched the most ambitious effort to do so since Franklin Roosevelt tried to pack it with additional justices. Those six years-- the apex of the Warren Court, often described as the most liberal in American history, and the dawn of the Burger Court--saw two successful Supreme Court nominations and two failed ones by LBJ, four successful nominations and two failed ones by Nixon, the first resignation of a Supreme Court justice as a result of White House pressure, and the attempted impeachment of another. Using LBJ and Nixon's telephone conversations and a wealth of archival collections, Kalman roots their efforts to mold the Court in their desire to protect their Presidencies, and she sets the contests over it within the broader context of a struggle between the executive, judicial and legislative branches of government. The battles that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's work generally reflected public opinion, these fights calcified the image of the Warren Court as "activist" and "liberal" in one of the places that image hurts the most--the contemporary Supreme Court appointment process. To this day, the term "activist Warren Court" has totemic power among conservatives. Kalman has a second purpose as well: to explain how the battles of the sixties changed the Court itself as an institution in the long term and to trace the ways in which the 1965-71 period has haunted--indeed scarred--the Supreme Court appointments process"--

Justice Stephen Field S Cooperative Constitution Of Liberty

Author: Adam M. Carrington
Publisher: Rowman & Littlefield
ISBN: 149855444X
Size: 38.89 MB
Format: PDF, ePub, Docs
View: 5451
Download
This book examines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous “Lochner” Era of the Court. This work explains how Field instead saw both these competing conceptions of liberty as legitimate. In fact, the two cooperated toward a common end. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. In describing this view of liberty, Field addressed key Constitutional provisions that remain a source of debate, including some of the earliest interpretations of the Due Process Clause, its relationship to state police power and civil rights, and some of the earliest assertions of a national police power through the Commerce Clause. This work furthermore addresses the underpinnings of Field’s views, namely that he grounded his reading of the Constitution in the context of the common law and the Declaration of Independence. In his principles as well as his approach, this book argues, Justice Field presents a helpful discussant in ongoing debates regarding the meaning of liberty and of the Constitution.

Vagrant Nation

Author: Risa Goluboff
Publisher: Oxford University Press
ISBN: 0199768447
Size: 66.35 MB
Format: PDF, ePub, Mobi
View: 1548
Download
"In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-played a key role not only in maintaining safety and order but also in enforcing conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking account of this transformation. By reading the history of the 1960s through the lens of vagrancy laws, Goluboff shows how constitutional challenges to long-standing police practices were at the center of the multiple movements that made "the 1960s." Vagrancy laws were not just about poor people. They were so broad and flexible-criminalizing everything from immorality to wandering about-that they made it possible for the police to arrest anyone out of place in any way: Beats and hippies; Communists and Vietnam War protestors; racial minorities, civil rights activists, and interracial couples; prostitutes, single women, and gay men, lesbians, and other sexual minorities. As hundreds of these "vagrants" and their lawyers claimed that vagrancy laws were unconstitutional, the laws became a flashpoint for debates about radically different visions of order and freedom. In Goluboff's compelling portrayal, the legal campaign against vagrancy laws becomes a sweeping legal and social history of the 1960s. It touches on movements advocating everything from civil rights to peace to gay rights to welfare rights to cultural revolution. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. By 1972, the Supreme Court announced that vagrancy laws that had been a law enforcement staple for four hundred years were no longer constitutional. That decision, as well as the social movements and legal arguments that prompted it, has had major consequences for current debates about police power and constitutional rights. Clashes over everything from stop and frisk to homelessness to public protests echo the same tension between order and freedom that vagrancy cases tried to resolve. Since the early 1970s, courts, policymakers, activists, and ordinary citizens have had to contend with the massive legal vacuum left by vagrancy law's downfall. Battles over what, if anything, should replace vagrancy laws, like battles over the legacy of the sixties transformations themselves, are far from over"--

Abe Fortas

Author: Laura Kalman
Publisher:
ISBN: 9780300052589
Size: 13.25 MB
Format: PDF, ePub, Mobi
View: 4802
Download
Abe Fortas was a New Dealer, a sub-cabinet official, the founder of an eminent Washington law firm, a close adviser to Lyndon Johnson, and a Supreme Court justice. Nominated by Johnson to be Chief Justice, he was rejected by Congress and resigned from the Court early in the Nixon administration under a cloud of impending scandal. This book tells his dramatic story.

Pillars Of Justice

Author: Owen Fiss
Publisher: Harvard University Press
ISBN: 0674971868
Size: 23.82 MB
Format: PDF, Kindle
View: 4811
Download
The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.

Down With Traitors

Author: Yun Xia
Publisher: University of Washington Press
ISBN: 0295742879
Size: 46.65 MB
Format: PDF, Kindle
View: 6340
Download
Throughout the War of Resistance against Japan (1931�1945), the Chinese Nationalist government punished collaborators with harsh measures, labeling the enemies from within hanjian (literally, �traitors to the Han Chinese�). Trials of hanjian gained momentum during the postwar years, escalating the power struggle between Nationalists and Communists. Yun Xia examines the leaders of collaborationist regimes, who were perceived as threats to national security and public order, and other subgroups of hanjian�including economic, cultural, female, and Taiwanese hanjian. Built on previously unexamined code, edicts, and government correspondence, as well as accusation letters, petitions, newspapers, and popular literature, Down with Traitors reveals how the hanjian were punished in both legal and extralegal ways and how the anti-hanjian campaigns captured the national crisis, political struggle, roaring nationalism, and social tension of China�s eventful decades from the 1930s through the 1950s.

Managed Speech

Author: Gregory P. Magarian
Publisher: Oxford University Press
ISBN: 0190466790
Size: 66.38 MB
Format: PDF, Mobi
View: 6654
Download
This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment law. It argues that this Court has consistently used First Amendment law to promote a limited view of freedom, while bolsteringsocial and political stability. This book examines every decision about expressive freedom the Supreme Court handed down between Chief Justice Roberts' ascent in September 2005 and Justice Scalia's death in February 2016. During Chief Justice Roberts' tenure, the Court has issued more than fortydecisions that interpret the First Amendment's speech protections. These decisions comprise one of the most important parts of this Court's record and legacy while inspiring sharply divergent judgments. The author explores many of the key recurring debates in First Amendment law as well as providingmuch needed attention on the special problems of the government preserve cases and the high stakes of the electoral process cases.

Right Star Rising A New Politics 1974 1980

Author: Laura Kalman
Publisher: W. W. Norton & Company
ISBN: 0393076385
Size: 44.56 MB
Format: PDF, Mobi
View: 866
Download
This narrative history of the Ford-Carter years discusses the relevance of the period's politics on today's issues and its shaping of the current political environment, including the energy crisis, a sharp economic downturn and a collision with fundamentalism in Iran.

Mozlandia

Author: Melissa Mora Hidalgo
Publisher:
ISBN: 9781909394421
Size: 18.17 MB
Format: PDF, ePub, Docs
View: 7273
Download
Morrissey is a popular music icon. A book about his fans, their creative expressions of fandom, and their contributions to Morrissey s worldwide popularity. Specifically the focus is on the subculture of Morrissey and Smiths fandom as a US-Mexican borderland phenomenon.

A People S History Of The United States

Author: Howard Zinn
Publisher: Routledge
ISBN: 1317325303
Size: 23.41 MB
Format: PDF, Docs
View: 2239
Download
This is a new edition of the radical social history of America from Columbus to the present. This powerful and controversial study turns orthodox American history upside down to portray the social turmoil behind the "march of progress". Known for its lively, clear prose as well as its scholarly research, A People's History is the only volume to tell America's story from the point of view of - and in the words of - America's women, factory workers, African-Americans, Native Americans, the working poor, and immigrant laborers. As historian Howard Zinn shows, many of America's greatest battles - the fights for fair wage, an eight-hour workday, child-labor laws, health and safety standards, universal suffrage, women's rights, racial equality - were carried out at the grassroots level, against bloody resistance. Covering Christopher Columbus's arrival through the Clinton years A People's History of the United States, which was nominated for the American Book Award in 1981, is an insightful analysis of the most important events in US history.