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Originally published in 1982 by Oxford University Press and featured in a front-page story in the Sunday New York Times, this book describes the relationship between Justice Louis D. Brandeis and then-Harvard law professor Felix Frankfurter. While on the Court, Brandeis provided Frankfurter with funds to promote a variety of political reforms. The book sparked a debate about the ethics of extrajudicial activities by Supreme Court justices. “This book sets out an historical narrative of hitherto unknown, undiscovered, yet rather extensive political activities by two major, highly respected justices of the United States Supreme Court... It now appears that in one of the most unique relationships in the Court’s history, Brandeis enlisted Frankfurter, then a professor at Harvard Law School, as his paid political lobbyist and lieutenant. Working together over a period of twenty-five years, they placed a network of disciples in positions of influence, and labored diligently for the enactment of their desired programs. This adroit use of the politically skillful Frankfurter as an intermediary enabled Brandeis to keep his considerable political endeavors hidden from the public. Not surprisingly, after his own appointment to the Court, Frankfurter resorted to some of the same methods to advance governmental goals consonant with his own political philosophy. As a result, history virtually repeated itself, with the student placing his own network of disciples in various agencies and working through this network for the realization of his own goals.” — Bruce Allen Murphy, in the Introduction to The Brandeis-Frankfurter Connection “This study of the extrajudicial activities of two celebrated Justices of the Supreme Court makes a valuable and fascinating, if somewhat schizophrenic, book... Murphy has done a first-class job of research, supplementing his labors in the Brandeis and Frankfurter papers by extensive investigation in other manuscript collections and the Columbia University oral histories and by fruitful interviews with survivors... The Brandeis-Frankfurter Connection is a useful book. It is useful because it makes us think hard about standards of judicial behavior... And it is useful because it makes us think realistically about the Court itself.” — Arthur Schlesinger, Jr., The New York Times “The Brandeis-Frankfurter Connection contains at once a great historical find and a thoughtful and, at times, brilliant essay on judicial propriety. This book deals superbly with questions not only of a citizen’s legitimate expectations for Supreme Court behavior but also of the broader role and hope for the performance of government... [Murphy] is a very reluctant muckraker who, after laying out the details, tries in a four-page conclusion to take much of it back, insisting that both the late justices ‘will survive as giants of twentieth-century America.’” — Bob Woodward, The Washington Post “[F]ascinating reading... a serious and commendable work of scholarship, a partial but engaging and persuasive portrait of the Washington political community for a good slice of the 20th century.” — Nelson W. Polsby, Commentary Magazine “A valuable study... the views of [Brandeis and Frankfurter] and their efforts to win acceptance for them have never been so searchingly studied and evaluated.” — Frank Freidel, The American Historical Review “Murphy has authored a solidly researched and important book... Murphy amply demonstrates both his thorough research abilities and his talent for weaving material together to produce a work that flows like a well-written mystery... [and] deserve[s] much credit... for assembling hitherto known and unknown facts and placing them in a useful perspective... an important work.” — Alan Betten, University of Baltimore Law Review “Murphy’s book persuasively demonstrates that Brandeis and Frankfurter never ceased to be the kind of men they were before they went to the bench-political men. Not that their behavior was unique or unprecedented. Murphy reminds readers that two-thirds of those who have sat on the highest court have engaged in ‘off-the-bench political activity’... Perhaps this book continues to stir emotions precisely because it establishes so convincingly the political effectiveness of two remarkable judges-men who have too long been esteemed as models of a pristine judicial probity that in our nation probably cannot exist.” — Victoria Schuck, The Wilson Quarterly
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
The first history of the eight Jewish men and women who have served or who currently serve as justices of the Supreme Court
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
William Orville Douglas was both the most accomplished and the most controversial justice ever to serve on the United States Supreme Court. He emerged from isolated Yakima, Washington, to be dubbed, by the age of thirty, “the most outstanding law professor in the nation”; at age thirty-eight, he was the chairman of the Securities and Exchange Commission, cleaning up a corrupt Wall Street during the Great Depression; by the age of forty, he was the second youngest Supreme Court justice in American history, going on to serve longer—and to write more opinions and dissents—than any other justice. In evolving from a pro-government advocate in the 1940s to an icon of liberalism in the 1960s, Douglas became a champion for the rights of privacy, free speech, and the environment. While doing so, “Wild Bill” lived up to his nickname by racking up more marriages, more divorces, and more impeachment attempts aimed against him than any other member of the Court. But it was what Douglas did not accomplish that haunted him: He never fulfilled his mother’s ambition for him to become president of the United States. Douglas’s life was the stuff of novels, but with his eye on his public image and his potential electability to the White House, the truth was not good enough for him. Using what he called “literary license,” he wrote three memoirs in which the American public was led to believe that he had suffered from polio as an infant and was raised by an impoverished, widowed mother whose life savings were stolen by the family attorney. He further chronicled his time as a poverty-stricken student sleeping in a tent while attending Whitman College, serving as a private in the army during World War I, and “riding the rods” like a hobo to attend Columbia Law School. Relying on fifteen years of exhaustive research in eighty-six manuscript collections, revealing long-hidden documents, and interviews conducted with more than one hundred people, many sharing their recollections for the first time, Bruce Allen Murphy reveals the truth behind Douglas’s carefully constructed image. While William O. Douglas wrote fiction in the form of memoir, Murphy presents the truth with a narrative flair that reads like a novel.
A deeply researched portrait of the controversial Supreme Court justice covers his career achievements, his appointment in 1986, and his resolve to support agendas from an ethical, rather than political, perspective.
List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.