Mr. Justice Black and His Critics

Nonfiction, Reference & Language, Law, Civil Procedure
Cover of the book Mr. Justice Black and His Critics by Tinsley E. Yarbrough, Duke University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Tinsley E. Yarbrough ISBN: 9780822397342
Publisher: Duke University Press Publication: June 1, 2012
Imprint: Duke University Press Books Language: English
Author: Tinsley E. Yarbrough
ISBN: 9780822397342
Publisher: Duke University Press
Publication: June 1, 2012
Imprint: Duke University Press Books
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Duke University Press

Cover of the book National History and the World of Nations by Tinsley E. Yarbrough
Cover of the book Anthropological Intelligence by Tinsley E. Yarbrough
Cover of the book The Poetics of Transition by Tinsley E. Yarbrough
Cover of the book Gender and National Literature by Tinsley E. Yarbrough
Cover of the book Hello, Hello Brazil by Tinsley E. Yarbrough
Cover of the book When Rains Became Floods by Tinsley E. Yarbrough
Cover of the book Margaret Mead Made Me Gay by Tinsley E. Yarbrough
Cover of the book Networking Futures by Tinsley E. Yarbrough
Cover of the book Anti-Crisis by Tinsley E. Yarbrough
Cover of the book Becoming by Tinsley E. Yarbrough
Cover of the book Neglected Policies by Tinsley E. Yarbrough
Cover of the book Richard Price and the Ethical Foundations of the American Revolution by Tinsley E. Yarbrough
Cover of the book Dolly Mixtures by Tinsley E. Yarbrough
Cover of the book Contested Communities by Tinsley E. Yarbrough
Cover of the book The Other Henry James by Tinsley E. Yarbrough
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy