Mr. Justice Black and His CriticsDuke University Press, 1988 - 323 pages Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black. As U.S. senator from Alabama, Black was a vigorous critic of the Supreme Court's use of the Constitution as a weapon against the Roosevelt New Deal. Once on the court he played a leading role in overturning those decisions and in attempting to establish for freedom of speech and other guarantees the interpretation he (and others) believe was warranted by the language and intent of the framers. Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. In an era characterized by growing acceptance of the belief that judges should adapt the Constitution to changing social and ethical perceptions, many came to regard Black's position as unrealistic and irrelevant. Tinsley E. Yarbrough analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics (such as Justices Frankfurter and Harlan) and through an assessment of scholarly opinion of his jurisprudence. The result is a stimulating and provocative addition to the study of Justice Black and the Supreme Court. |
From inside the book
Results 1-5 of 43
Page 2
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 13
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 15
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 24
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 26
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Contents
The Flexible Clauses | 6 |
A Constitutional Faith | 20 |
The Bill of Rights and the States | 79 |
Blacks First Amendment | 126 |
Blacks First Amendment Critics | 159 |
Epilogue | 256 |
Notes | 265 |
Bibliographical Note | 303 |
Other editions - View all
Common terms and phrases
absolutism absolutist Adamson Afroyim Amendment's adoption amendment's framers amendment's language Amendment's meaning applied approach asserted authority believe Bill of Rights Black's position challenged Chief Justice citizenship civil claims conception of due concluded concurrence Congress congressional construction contention conviction Court's decision criminal critics dissent doctrine draft due process clause eight amendments equal protection evidence example exclusionary rule Fairman federal Felix Frankfurter Fifth Amendment Fourteenth Amendment Fourteenth Amendment's Fourth Amendment Frankfurter's fundamental governmental Griswold guarantees Hugo Hugo Black Ibid immunities clause incorporation thesis intended interpretation issue Jackson John Hart Ely joined judges judgment judicial jurisprudence jury Justice Black Justice Douglas Justice Frankfurter Justice's Korematsu Landynski Law Review legislative liberty limited Magee majority ment ment's moreover Palko philosophy picketing positivist privileges or immunities racial reasonable regulations rejected Rights safeguards rule Rutledge specific stance statute substantive due process Supreme Court tion trial upholding violated vote wrote