Word: mccloskey
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...bail, may be running afoul of the Constitution. Excessive bail or its denial, except for the most serious crimes, is of course contrary to the fundamentals of Anglo-American law. Thus constitutional experts do not believe that the Supreme Court would permit preventive detention. Says Harvard Professor Robert McCloskey: "An educated guess is that the court would consider this a step backward, and the mood of the court is not to tolerate steps backward...
...Supreme Court has also successfully performed its second function, that of "governing effectively," said McCloskey, for "despite all the Court tried to do and has dared to do, the Court still has as strong prestige as ever...
...McCloskey then assailed the Court because, he said, "it has lacked the will and the capacity to provide reasoned legal arguments for it's landmark decisions...
...McCloskey said that "among the members of the Court, Justices Felix Frank-furter, William Douglas and Hugo Black have been best equipped intellectually to provide craftmanship-like opinions...
...Frankfurter," McCloskey said, "during most of his tenure went against the main trends of Court opinion. Douglas has been disinclined to spend time producing decisions that close legal loop-holes, and Black, for reasons obscure to me, has chosen a method of opinion writing that is assertive rather than explanatory...