Word: constitutionalized
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Dates: during 1960-1969
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The work of a Supreme Court Justice is so intellectually demanding, that when Potter Stewart arrived from a grueling enough U.S. appeals court in 1958, his first reaction was, "I can't do this." In 1962, after only five years on the bench, the strain forced Justice Charles Whittaker...
Opening a Door. Apart from Article I's commerce clause, the fount of national regulatory power, no constitutional dreams have been harder to divine than the Bill of Rights, which the Court was called upon to invoke against the states in an 1833 Maryland case (Barron v. Baltimore). Quickly...
Then came the Civil War's great gift to the Constitution, the 14th Amendment, designed mainly to prevent Southern states from abusing Negroes. It was not long before judicial activists were presenting the argument that Black himself has since so hotly defended: that the 14th Amendment's due...
Justice Holmes once half-jested that "if the people want to go to hell, I will help them. It's my job." Black studied the Constitution and found definite rules -"absolutes," he called them-that forbade any such attitude. He particularly balked at Frankfurter's thesis that the...
Painful Precedents. Black sharply dissented, but the vaguely worded rule remained on the books to cause case-by-case confusion for the next two decades. In 1947, the Court took a similar tack in Adamson v. California, saying that the Fifth Amendment did not forbid states to pressure a defendant...