Download e-book for iPad: Making Constitutional Law: Thurgood Marshall and the Supreme by Mark V. Tushnet

By Mark V. Tushnet

ISBN-10: 0195093143

ISBN-13: 9780195093148

Following on Making Civil Rights Law, which lined Thurgood Marshall's profession from 1936-1961, this ebook makes a speciality of Marshall's occupation at the perfect court docket from 1961-1991, the place he was once the 1st African-American Justice. in keeping with thorough study within the preferrred courtroom papers of Justice Marshall and others, this ebook describes Marshall's method of constitutional legislation in components starting from civil rights and the demise penalty to abortion and poverty. It locates the excellent court docket from 1967 to 1991 in a broader socio-political context, displaying how the nation's glide towards conservatism affected the Court's debates and judgements.

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55 Johnson wanted to appoint Marshall to the Court. Johnson did hesitate briefly when his wife suggested that he could "fill the vacancy with a woman" because he had already "done so much" for African-Americans. He also thought a bit when his old friend Abe Fortas suggested that Marshall was not as intellectually capable as other African-Americans who ought to be considered, such as William Hastie, then sitting on the court of appeals in Philadelphia. When asked about Marshall's intellectual abilities, Katzenbach assured Johnson that Marshall would never "discredit" the Court.

In the end, Carswell's nomination too was defeated. 25 Harlan was a moderate conservative, and Black, by the time of his retirement, was no longer the consistent champion of all liberal causes. Nonetheless, their replacements, Lewis F. Powell and William H. Rehnquist, were substantially more conservative. By 1972 the Supreme Court was no longer the Warren Court, although it had not really become the Nixon Court. Douglas retired in 1976, replaced by John Paul Stevens, a moderate Republican. A second wave of change hit the Court in the 1980s, with a series of 36 M A K I N G CONSTITUTIONAL LAW appointments by President Ronald Reagan.

53 At the oral argument, Marshall insisted that the FBI warnings were adequate. The questions from the justices made it clear, however, that the outcome that most concerned the Department of Justice—prohibiting questioning without a lawyer present—was simply not in prospect. Most of the argument involved exchanges in which the lawyers were essentially conduits for questions the justices posed to each other about whether warnings should be required. In a sense, Marshall won the case before the argument began, although ultimately the Court adopted a set of warnings that went beyond the FBI practice.

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Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991 by Mark V. Tushnet


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