Hugo Black
Associate Justice of the United States Supreme Court
In office August 19, 1937 – September 18, 1971
Nominated by	Franklin Delano Roosevelt
Preceded by	Willis Van Devanter
Succeeded by	Lewis Franklin Powell, Jr.
United States Senator from Alabama
In office March 4, 1927 – August 19, 1937
Preceded by	Oscar W. Underwood
Succeeded by	Dixie B. Graves
Born	February 27, 1886(1886-02-27) Harlan, Alabama
Died	September 25, 1971 (aged 85) Bethesda, Maryland
Political party	Democratic (Senate term)
Spouse	(1) Josephine Foster (deceased) (2) Elizabeth Seay DeMeritte (his death)

Hugo LaFayette Black (February 27, 1886–September 25, 1971) was an American politician and jurist. Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States Events 43 BC - Octavian, later known as Augustus compels the Roman Senate to elect him Consul. Year 1937 ( MCMXXXVII) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar. Events 96 - Nerva is proclaimed Roman Emperor after Domitian is assassinated Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. Willis Van Devanter ( April 17, 1859 - February 8, 1941) was an Associate Justice of the United States Supreme Court, January Lewis Franklin Powell Jr ( September 19, 1907 &ndash August 25, 1998) was an Associate Justice of the Supreme Court of the The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives Alabama (formally the State of Alabama;) is a State located in the southern region of the United States of America. Events 51 - Nero, later to become Roman Emperor, is given the title Princeps iuventutis (head of the youth Year 1927 ( MCMXXVII) was a Common year starting on Saturday (link will display full calendar of the Gregorian calendar. Events 43 BC - Octavian, later known as Augustus compels the Roman Senate to elect him Consul. Year 1937 ( MCMXXXVII) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar. Oscar Wilder Underwood ( May 6 1862 – January 25 1929) was an American politician Dixie Bibb Graves ( July 26 1882 &ndash January 21 1965) was a United States Senator and former First Lady from the state Events 1560 - The Treaty of Berwick, which would expel the French from Scotland, is signed by England and the Congregation Year 1886 ( MDCCCLXXXVI) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common Alabama (formally the State of Alabama;) is a State located in the southern region of the United States of America. Events 303 - On a voyage preaching the Gospel, Saint Fermin of Pamplona is beheaded in Amiens, France Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. Bethesda is an Unincorporated area in southern Montgomery County Maryland, just Northwest of Washington D The Democratic Party is one of two major Political parties in the United States, the other being the Republican Party. Events 1560 - The Treaty of Berwick, which would expel the French from Scotland, is signed by England and the Congregation Year 1886 ( MDCCCLXXXVI) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common Events 303 - On a voyage preaching the Gospel, Saint Fermin of Pamplona is beheaded in Amiens, France Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. Politics of the United States takes place in the framework of a presidential, Federal republic where the President of the United States (the Head of The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary A member of the Democratic Party, Black represented the state of Alabama in the United States Senate from 1926 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. The Democratic Party is one of two major Political parties in the United States, the other being the Republican Party. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government Alabama (formally the State of Alabama;) is a State located in the southern region of the United States of America. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Widely regarded as one of the most influential Supreme Court justices in the 20th century, he was nominated by President Franklin D. Roosevelt and confirmed by the Senate by a vote of 63 to 13. This is a list of past and present justices of the Supreme Court of the United States. The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts describing a situation in He was first of nine Roosevelt nominees to the Court,^[1] and with the exception of William O. Douglas, he outlasted them all. William Orville Douglas ( October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ^[2]

The fourth longest-serving justice in Supreme Court history, Black is noted for his advocacy of a literalist reading of the United States Constitution and of the position that the liberties guaranteed in the Bill of Rights were imposed on the states ("incorporated") by the Fourteenth Amendment. Textualism is a formalist theory of statutory interpretation which holds that a Statute 's ordinary meaning should govern its interpretation as opposed to inquiries The Constitution of the United States of America is the supreme Law of the United States. In the United States the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first His jurisprudence has been the focus of much discussion. Because of his insistence on a strict textual analysis of Constitutional issues, as opposed to the process-oriented jurisprudence of many of his colleagues, it is difficult to characterize Black as a liberal or a conservative as those terms are generally understood in the current political discourse of the United States. Liberalism in the United States is a broad political and philosophical mindset favoring individual Liberty, and opposing restrictions on liberty whether they come from Conservatism in the United States includes a variety of political ideologies including Fiscal conservatism, Supply-side economics, Social conservatism On the one hand, his literal reading of the Bill of Rights and his theory of incorporation often translated into support for strengthening civil rights and civil liberties. Incorporation (of the Bill of Rights is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the thumb| |Broken Liberty Istanbul Archaeology Museum Civil liberties are freedoms that protect the Individual from the Government. On the other hand, Black consistently opposed the doctrine of substantive due process and believed that there was no constitutionally-protected right to privacy. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively

Contents 1 Early years 2 Ku Klux Klan membership 3 Senate career 4 Supreme Court career 5 Jurisprudence 5.1 Federalism 5.2 Civil Rights 5.3 First Amendment 5.4 Criminal procedure 5.5 Incorporation 5.6 Due process clause 5.7 Voting rights 6 Retirement and death 7 Quotes by Black 8 Quotes about Black 9 References 10 Additional reading 11 External links

Early years

Hugo LaFayette Black was the youngest of the eight children of William Lafayette Black and Martha Toland Black. He was born on February 27, 1886, in a small wooden farmhouse in Ashland, Alabama, a poor, isolated rural Clay County town in the Appalachian foothills. Events 1560 - The Treaty of Berwick, which would expel the French from Scotland, is signed by England and the Congregation Year 1886 ( MDCCCLXXXVI) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common Alabama (formally the State of Alabama;) is a State located in the southern region of the United States of America. Clay County is a County of the US state of Alabama. Its name is in honor of Henry Clay, famous American statesman member of the United The Appalachian Mountains ( often called the Appalachians, are a vast system of mountains in eastern North America. Foothills are geographically defined as gradual increases in hilly areas at the base of a Mountain range.

Because his brother Orlando had become a medical doctor, Hugo decided at first to follow in his footsteps. At age seventeen, he left school in Ashland and enrolled in the 1902–03 term at Birmingham Medical School. Ashland is a town in Clay County, Alabama, United States. The population was 1965 at the 2000 census, at which time it was a city according However, it was Orlando who suggested that Hugo should enroll at the University of Alabama School of Law. The University of Alabama School of Law is a Law school located in Tuscaloosa, AL. After graduating in June 1906, he moved back to Ashland and established a legal practice above a grocery. A grocery store is a store established primarily for the Retailing of Food. His legal practice was not a success, and a year and a half after it had opened, the entire building burned to the ground. Black then moved back to Birmingham in 1907 to continue his law practice, and came to specialize in labor law and personal injury cases. Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties

Following his defense of an African American forced into a form of commercial slavery following incarceration, Black was befriended by A. O. Lane, a judge connected with the case. When Lane was elected to the Birmingham City Commission in 1911, he asked Black to serve as a police court judge, an experience that would be his only judicial experience prior to the Supreme Court. In 1912, Black resigned that seat in order to return to practicing law full-time. He was not done with public service; in 1914, he began a four-year term as the Jefferson County Prosecuting Attorney. Jefferson County is the most densely populated County in the U The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law

Three years later, during World War I, Black resigned in order to join the United States Army. World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All The United States Army is a military organization whose primary mission is to "provide necessary forces and capabilities. He enrolled in the Officers Training School at Fort Oglethorpe, Georgia, eventually reaching the rank of captain. Officer Training School is a United States Air Force commissioning program held at Maxwell Air Force Base, Alabama. Fort Oglethorpe is a city in Catoosa County in the US state of Georgia. See " Captain " for other versions of this rank In the uniformed services of the United States, captain is a federal He served in the 81st Field Artillery Unit near Chattanooga, Tennessee, but never participated in armed combat. In September 1918, shortly before the war ended, he returned to his practice in Birmingham. ^[3]

On February 23, 1921, he married Josephine Foster (1899-1951), with whom he would have three children: Hugo L. Black, II (b. Events 1455 - Traditional date for the publication of the Gutenberg Bible, the first Western Book printed from Movable Year 1921 ( MCMXXI) was a Common year starting on Saturday (link will display full 1921 calendar of the Gregorian calendar Hugo Lafayette Black II (born April 29, 1922 in Birmingham Alabama) is a prominent Attorney and legal author 1922), an attorney; Sterling Foster (b. 1924), and Martha Josephine (b. 1933). His grandson, Hugo L. Black, III, would serve in the Florida House of Representatives and be an Assistant U. Hugo Lafayette "Hugh" Black III ( 1953 &ndash September 29, 2007) was an American lawyer. The Florida House of Representatives, one of the two Chambers of the Florida Legislature, is composed of 120 members each representing a district S. Attorney. The couple remained married until Josephine died after a long illness on December 6, 1951. Events 1060 - Béla I of Hungary is crowned king of Hungary 1240 - Mongol invasion of Rus: Kiev Year 1951 ( MCMLI) was a Common year starting on Monday. Events of 1951 January In 1957, Black married Elizabeth Seay DeMeritte.

Ku Klux Klan membership

In the 1920s, the Ku Klux Klan, revived after a half century of dormancy due in part to the release of The Birth of a Nation, became a dominant force in the politics of Alabama, as well as the politics of much of the rest of the South and several Northern states and the national Democratic Party. Ku Klux Klan ( KKK) is the name of several past and present secret domestic terrorist organizations in the United States, generally in the southern states that are The Birth of a Nation (also known as The Clansman) a Silent film directed by D The Northern United States is a large geographic region of the United States of America. In those years, there were as many as 85,000 members of the Ku Klux Klan in Alabama, where it was one of the state's important political forces along with the temperance movement and unions. ^[4]

On August 11, 1921, Black received Klan money to defend the Reverend Edwin R. Events 2492 BC - Traditional date of the defeat of Bel by Hayk, progenitor and founder of the Armenian nation Year 1921 ( MCMXXI) was a Common year starting on Saturday (link will display full 1921 calendar of the Gregorian calendar The Reverend is a style used as a Prefix to the names of many Christian Clergy and ministers It is correctly called a style rather Stephenson, a Klansman who had been accused of shooting to death Rev. James Coyle, leader of the large Catholic community at Saint Paul's Parish in Birmingham. This article is about a murdered priest for James Coyle the software programmer see Mystic BBS. Catholic is an Adjective derived from the Greek adjective '' / 'katholikos' meaning "whole" or "complete". The presiding judge, as well as several members of the jury, were Klansmen. Black is reported to have approached prosecution witnesses with the question "You're a Catholic, aren't you?" in an attempt to discredit them before the Klan-dominated jury. The jury ultimately acquitted Stephenson. "He was not beyond exploiting an emotional feeling based on race," his son Hugo Jr. wrote. ^[5] Many scholars, such as Daniel L. Dreisbach, John T. McGreevy, and Philip Hamburger, believe that Hugo Black's later support for a separation of church and state was based on such an anti-Catholic animus. ^[6]

Black became a member of the Robert E. Lee Klan No. Robert Edward Lee (January 19 1807 &ndash October 12 1870 was a career United States Army officer, an Engineer, and among the most celebrated 1, a branch of the Ku Klux Klan in Birmingham, in 1923. ^[7] He claimed that he remained in the KKK only until 1925, and during that time attended no more than four meetings before his resignation. However, in 1926, he not only attended a State Convention of the KKK but addressed the delegates as well. He was also Kladd of his Klavern, meaning that he administered the initiation oath to new members (which upheld, among other things, "separation of church and state" and "white supremacy"). ^[8] The published version of the Hugo Black Symposium reports, "Some of those who knew [Black] offered additional reasons for his joining. Herman Beck, a leading Jewish merchant in Birmingham encouraged his young friend Black to become a Klansman so that he could help contain the trouble-making element just coming to the fore of the organization in Alabama. PLEASE TAKE NOTE************ "^[9]

Black's Klan membership was reported shortly after his appointment to the Supreme Court. ^[10] His political allies argued that he joined the Klan simply out of necessity, and Black stuck with that story for the rest of his life. ^[11] However, the low electoral importance of a Klan endorsement in 1926, coupled with Black's sometimes rebellious conduct within the Klan, show that political expediency does not explain Black's membership. The most plausible reason for the alliance was that both Black and the Klan strongly opposed the Catholic Church. ^[12]

One persisting controversy is whether Franklin Delano Roosevelt knew of Black's Klan membership when he appointed him to the Supreme Court. It appears that he did. He wrote to a friend, "I’ve felt from the beginning of all this Klan talk that perhaps he did belong to the Klan--but that did not necessarily mean that he might not make a very great Judge on the Supreme Court--On verra!"^[13]

Senate career

In 1926, Black sought election to the United States Senate from Alabama, following the retirement of Senator Oscar Underwood. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives Oscar Wilder Underwood ( May 6 1862 – January 25 1929) was an American politician Since the Democratic Party dominated Alabama politics at the time, he easily defeated his Republican opponent, E. H. Dryer, winning 80. 9% of the vote. He was reelected in 1932, winning 86. 3% of the vote against Republican J. Theodore Johnson. ^[14]

Senator Black gained a reputation as a tenacious investigator. In 1934, for example, he chaired the committee that looked into the contracts awarded to air mail carriers under Postmaster General Walter Folger Brown, an inquiry which led to the Air Mail Scandal. Walter Folger Brown ( May 31, 1869 &ndash January 26, 1961) the son of James Marshall and Lavinia Folger Brown was Postmaster General The Air Mail Scandal, also known as the Air Mail Fiasco, is the name that the American press of the 1930s gave to the political scandal resulting from a congressional In order to correct what he termed abuses of "fraud and collusion" resulting from the Air Mail Act of 1930, he introduced the Black-McKellar Bill, later the Air Mail Act of 1934. The following year he participated in a Senate committee's investigation of lobbying practices. Lobbying includes all attempts to influence Legislators and officials whether by other legislators constituents or organized groups He publicly denounced the "highpowered, deceptive, telegram-fixing, letterframing, Washington-visiting" lobbyists, and advocated legislation requiring them to publicly register their names and salaries. ^[15]

In 1935, Black became chairman of the Senate Committee on Education and Labor, a position he would hold for the remainder of his Senate career. In 1937 he sponsored the Black-Connery Bill, which sought to establish a national minimum wage and a maximum workweek of thirty hours. A minimum wage is the lowest hourly daily or monthly Wage that employers may legally pay to employees or workers Although the bill was initially rejected in the House of Representatives, a weakened version passed in 1938 (after Black left the Senate), becoming the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 ( FLSA, ch 676, June 25, 1938,) also called the Wages and Hours Bill, is United States federal

Black was an ardent supporter of President Franklin D. Roosevelt and the New Deal. The New Deal was the name that United States President Franklin D In particular, he was an outspoken advocate of the Judiciary Reorganization Bill of 1937, popularly known as the court-packing bill, FDR's unpopular and unsuccessful plan to stack a hostile Supreme Court in his favor by adding more associate justices. The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a law proposed by United States President Franklin Roosevelt

Supreme Court career

Soon after the failure of the court-packing plan, President Roosevelt obtained his first opportunity to appoint a Supreme Court Justice when conservative Willis Van Devanter retired. The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a law proposed by United States President Franklin Roosevelt Willis Van Devanter ( April 17, 1859 - February 8, 1941) was an Associate Justice of the United States Supreme Court, January On August 12, 1937, Roosevelt nominated Black to fill the vacancy. Events 1099 - First Crusade: Battle of Ascalon - Crusaders under the command of Godfrey of Bouillon defeat Fatimid By tradition, a senator nominated for an executive or judicial office was confirmed immediately and without debate. However, when Black was nominated, the Senate departed from this tradition for the first time since 1888; instead of confirming him immediately, it referred the nomination to the Judiciary Committee. The United States Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a Standing committee of the United States Senate, the

Republican Senator Warren Austin, himself a member of that committee, objected to Black's nomination on constitutional grounds. Warren Robinson Austin ( November 12, 1877 – December 25, 1962) was an American politician and statesman among other roles Article I, Section 6 of the United States Constitution provides that "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time. The Constitution of the United States of America is the supreme Law of the United States. The Constitution of the United States of America is the supreme Law of the United States. " In other words, senators and representatives may not resign to take newly created offices or higher-paying political offices; rather, they must wait until the conclusion of their terms. Austin argued that since retirement benefits for Supreme Court Justices over 70 had recently been increased, Black was constitutionally barred from taking the post. Black's defenders responded that he was then 51 and would not receive the increased pension until he turned seventy — long after his senatorial term would have expired. Ultimately, Austin's objections were set aside, and the Judiciary Committee recommended Black's confirmation by a vote of 13–4 on August 16 of that year. Events 1384 - The Hongwu Emperor of Ming China, Emperor Dong hears a case of a couple who tore paper money bills while fighting ^[7]

The next day the full Senate considered Black's nomination. Rumors relating to Black's involvement in the Ku Klux Klan surfaced, and Democratic Senators Royal S. Copeland and Edward R. Burke urged the Senate to defeat the nomination. For the Canadian football player of the same name see Royal Copeland (football player. Edward Raymond Burke (1880 – 1968 was a Nebraska Democratic Party politician However, no conclusive evidence of Black's involvement was available at the time, so after six hours of debate, the Senate voted 63-13 to confirm Black. ^[7] He resigned from the Senate and was sworn in as an Associate Justice three days later. Alabama Governor Bibb Graves appointed his wife, Dixie B. Graves, to fill Black's vacated seat. David Bibb Graves ( April 1, 1873 &ndash March 14 1942) was a Democratic Politician and the Governor of Alabama Dixie Bibb Graves ( July 26 1882 &ndash January 21 1965) was a United States Senator and former First Lady from the state

The next month, the Pittsburgh Post-Gazette investigated Black's KKK past. The Pittsburgh Post-Gazette, also known simply as the "PG" is the largest daily Newspaper serving metropolitan Pittsburgh, Ray Sprigle won a Pulitzer Prize for his series of articles revealing Black's involvement in the Klan. The Pulitzer Prize, ˈpʊlɨtsɚ PULL-it-sər is an American award regarded as the highest national honor in Newspaper journalism, Facing an inflamed public, Black delivered a nationally broadcast radio address in which he explained his decision to join and subsequently resign from the KKK. ^[7] Despite this address, press criticism continued. However, the controversy soon subsided, in part because Justice Black quickly established a record sympathetic to African Americans and the civil rights movement. Chambers v. Florida (1940), where he ruled in favor of African American defendants put most of those concerns to rest. Chambers v Florida, 309 US 227 (1940 was an important United States Supreme Court case that dealt with the extent that police pressure resulting in

During his early years on the Supreme Court, Black helped reverse several earlier court decisions taking a narrow interpretation of federal power. Many New Deal laws that would have been struck down under earlier precedents were thus upheld. The New Deal was the name that United States President Franklin D In 1939 Black was joined on the Supreme Court by Felix Frankfurter and William O. Douglas. Felix Frankfurter ( November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court William Orville Douglas ( October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. Douglas voted alongside Black in several cases, especially those involving the First Amendment, while Frankfurter soon became one of Black's ideological foes. The First Amendment to the United States Constitution is part of the United States Bill of Rights that expressly prohibits the United States Congress

In the mid-1940s, Justice Black became involved in a bitter dispute with Justice Robert H. Jackson as a result of Jewell Ridge Coal Corp. Robert Houghwout Jackson ( February 13, 1892 &ndash October 9, 1954) was United States Attorney General (1940&ndash1941 and an v. Local 6167, United Mine Workers (1945). In this case the Court ruled 5–4 in favor of the UMW; Black voted with the majority, while Jackson dissented. However, the coal company requested the Court rehear the case on the grounds that Justice Black should have recused himself, as the mine workers were represented by Black's law partner of 20 years earlier. Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding Under the Supreme Court's rules, each Justice was entitled to determine the propriety of disqualifying himself.

Jackson agreed that the petition for rehearing should be denied, but refused to give "blind and unqualified approval" to Black's participation in the case. Ultimately, when the Court unanimously denied the petition for rehearing, Justice Jackson released a short statement, in which Justice Frankfurter joined. The concurrence indicated that Jackson voted to deny the petition not because he approved of Black's participation in the case, but on the "limited grounds" that each Justice was entitled to determine for himself the propriety of recusal. ^[16] At first the case attracted little public comment, however, after Chief Justice Harlan Stone died in 1946, rumors that President Harry S Truman would appoint Jackson as Stone's successor led several newspapers to investigate and report the Jewell Ridge controversy. Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. Black and Douglas allegedly leaked to newspapers that they would resign if Jackson were appointed Chief. Truman ultimately chose Fred M. Vinson for the position. Frederick Moore Vinson ( January 22 1890 – September 8 1953) served the United States in all three branches of government

Vinson's tenure as Chief Justice coincided with the Red Scare, a period of intense anti-communism in the United States. McCarthyism is a term describing the intense anti-communist suspicion in the United States in a period that lasted roughly from the late 1940s to the late 1950s Anti-communism refers to opposition to Communism. Historically the word "communism" has been used to refer to several types of communal social organization and In several cases the Supreme Court considered, and upheld, the validity of anticommunist laws passed during this era. For example, in American Communications Association v. Douds (1950), the Court upheld a law that required labor union officials to forswear membership in the Communist Party. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming The Communist Party of the United States of America ( CPUSA) is a Marxist-Leninist Political party in the United States. Black dissented, claiming that the law violated the First Amendment's free speech clause. The First Amendment to the United States Constitution is part of the United States Bill of Rights that expressly prohibits the United States Congress Freedom of speech is the freedom to speak freely without Censorship or Limitation. Similarly, in Dennis v. United States, 341 U.S. 494 (1951), the Court upheld the Smith Act, which made it a crime to "advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing the Government of the United States. Dennis v United States,, was a United States Supreme Court case involving Eugene Dennis, General secretary of the Communist Party USA Year 1951 ( MCMLI) was a Common year starting on Monday. Events of 1951 January The Alien Registration Act or Smith Act ( of 1940 is a United States federal statute that makes it a criminal offense for anyone to knowingly or willfully advocate " The law was often used to prosecute individuals for joining the Communist Party. Black again dissented, writing:

"Public opinion being what it now is, few will protest the conviction of these Communist petitioners. There is hope, however, that, in calmer times, when present pressures, passions and fears subside, this or some later Court will restore the First Amendment liberties to the high preferred place where they belong in a free society. "^[17]

Beginning in the late 1940s, Black wrote for the Court in several cases relating to the establishment clause, where it had historically insisted on the strict separation of church and state. Separation of church and state is a Political and Legal Doctrine that Government and religious institutions are to be kept separate The most notable of these was Engel v. Vitale (1962), which declared state-sanctioned prayer in public schools unconstitutional. Engel v Vitale, 370 US 421 ( 1962) was a landmark United States Supreme Court case that determined that it is unconstitutional Prayer is the act of attempting to communicate with a Deity or spirit The term public school has two distinct (and virtually opposite meanings depending on the location of usage in the United States, Australia and This provoked considerable opposition, especially in the South. The Southern United States &mdashcommonly referred to as the American South, Dixie, or simply the South &mdashconstitutes a large distinctive Some members of Congress even attempted to restore school prayer by constitutional amendment, efforts which have continued to the present day. ^[18]

In 1953 Vinson died and was replaced by Earl Warren. Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice Black was often regarded as a member of the liberal wing of the Court, together with Warren, Douglas, William Brennan, and Arthur Goldberg. William Joseph Brennan Jr ( April 25, 1906 &ndash July 24, 1997) was an Associate Justice of the Supreme Court of the Arthur Joseph Goldberg ( August 8 1908 &ndash January 19 1990) was an American statesman and jurist who served as the U Yet while he often voted with them on the Warren Court, he occasionally took his own line on some key cases, most notably Griswold v. Connecticut (1965), which established that the Constitution protected a right to privacy. Griswold v Connecticut, 381 US 479 ( 1965) was a Landmark case in which the Supreme Court of the United States ruled that the Black's most prominent ideological opponent on the Warren Court was John Marshall Harlan II, who replaced Justice Jackson in 1955. John Marshall Harlan (May 20 1899 – December 29 1971 was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971 Black and Harlan disagreed on several issues, including the applicability of the Bill of Rights to the states, the scope of the due process clause, and the one man, one vote principle. One Member One Vote (OMOV as used in the parliamentary politics of the United Kingdom, Canada, and the Canadian provinces, is a proposal to (For more details, see Jurisprudence below. )

Jurisprudence

Black's jurisprudence is among the most distinctive of any member of the Supreme Court in history and has been the subject of voluminous academic commentary. While very few people other than Black himself have adopted Black's jurisprudential views tout court, Black's philosophy of judging has been influential on justices as diverse as Earl Warren and Antonin Scalia. Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice (born March 11, 1936) is an American Jurist and the second most senior Associate Justice of the Supreme Court of the United States

Black was noted for his advocacy of a textualist approach to constitutional interpretation. Textualism is a formalist theory of statutory interpretation which holds that a Statute 's ordinary meaning should govern its interpretation as opposed to inquiries He took a "literal" or absolutist reading of the provisions of the Bill of Rights and believed that the text of the Constitution is absolutely determinative on any question calling for judicial interpretation, leading to his reputation as a "textualist" and as a "strict constructionist". Textualism is a formalist theory of statutory interpretation which holds that a Statute 's ordinary meaning should govern its interpretation as opposed to inquiries Strict constructionism refers to a particular legal philosophy of Judicial interpretation that limits or restricts judicial interpretation While the text of the constitution was an absolute limitation on the authority of judges in constitutional matters, within the confines of the text judges had a broad and unqualified mandate to enforce constitutional provisions, regardless of current public sentiment.

Thus, Black refused to join in the efforts of the justices on the Court who sought to abolish capital punishment in the United States, whose efforts succeeded (temporarily) in the term immediately following Black's death. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. He claimed that the Fifth and Fourteenth Amendment's reference to takings of "life" meant approval of the death penalty was implicit in the Bill of Rights. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first He also was not persuaded that a right of privacy was implicit in the Ninth or Fourteenth amendments, and dissented from the Court's 1965 Griswold decision which invalidated a conviction for the use of contraceptives. Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are Griswold v Connecticut, 381 US 479 ( 1965) was a Landmark case in which the Supreme Court of the United States ruled that the In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Birth control, sometimes synonymous with contraception, is a regimen of one or more actions devices or Medications followed in order to deliberately prevent

Justice Black rejected reliance on what he called the "mysterious and uncertain" concept of natural law. Natural law or the law of nature ( Latin: lex naturalis) is a theory that posits the existence of a law whose content is set by Nature and that According to Black that theory was vague and arbitrary, and merely allowed judges to impose their personal views on the nation. Instead, he argued that courts should limit themselves to a strict analysis of the actual text of the Constitution. Black was, in addition, an opponent of the "living constitution" theory. The Living Constitution is a concept in Constitutional interpretation which suggests that the Constitution should be seen as continually evolving with the society In his dissent to Griswold (1965), he wrote:

I realize that many good and able men have eloquently spoken and written, sometimes in rhapsodical strains, about the duty of this Court to keep the Constitution in tune with the times. Griswold v Connecticut, 381 US 479 ( 1965) was a Landmark case in which the Supreme Court of the United States ruled that the The idea is that the Constitution must be changed from time to time, and that this Court is charged with a duty to make those changes. For myself, I must, with all deference, reject that philosophy. The Constitution makers knew the need for change, and provided for it. Amendments suggested by the people's elected representatives can be submitted to the people or their selected agents for ratification. That method of change was good for our Fathers, and, being somewhat old-fashioned, I must add it is good enough for me. ^[19]

Thus, some have seen Black as an originalist. But, unlike modern originalists, Black often did not look to or ignored the "original intention" or "original meaning" of the words in the Constitution. He believed that the meaning of the words was not "frozen" by what they meant in 1789, but rather that the words were to be interpreted by their literal contemporary meaning. So Black often reached results substantially at odds with evidence of the "original meaning" of specific provisions in the Constitution. Thus commentators have usually characterized Black as an "interpretivist," one who believes that the meaning of the Constitution can only be derived from the text itself or the "four corners" of the document, as opposed to a "noninterpretivist," who looks to concepts not contained within the document itself for guidance (i. e. natural law, notions of "fairness," or economic theory). Still, Black's rejection of vague or subjective constitutional tests and his insistence on interpreting the constitutional text itself ties him to the later originalists.

Federalism

Like the other Justices appointed by President Roosevelt, Black held an expansive view of federal power, especially under the commerce clause. Previously, during the 1920s and 1930s, the Court had interpreted this clause narrowly, often striking down laws on the grounds that Congress had overstepped its authority. After 1937, however, the Supreme Court overturned several precedents and affirmed a broader interpretation of the commerce clause. Black consistently voted with the majority in these decisions; for example, he joined Mulford v. Smith, 307 U.S. 38 (1939), United States v. Darby Lumber Co., 312 U.S. 100 (1941), Wickard v. Filburn, 317 U.S. 111 (1942), Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964), and Katzenbach v. McClung, 379 U.S. 294 (1964). Year 1939 ( MCMXXXIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. This case is about the Commerce Clause. For the 1931 case about taxation of reduction of debt see United States v Year 1941 ( MCMXLI) was a Common year starting on Wednesday (the link will display 1941 calendar of the Gregorian calendar. Wickard v Filburn, 317 US 111 (1942 is a United States Supreme Court decision interpreting the Commerce Clause of the United States Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. Heart of Atlanta Motel Inc v United States, 379 US 241 ( 1964) was a landmark United States Supreme Court case holding that the U Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar. Katzenbach v McClung, 379 US 294 ( 1964) was a case in which the Supreme Court of the United States held that Congress acted Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar.

In several other federalism cases, however, Black ruled against the federal government. For instance, he partially dissented from South Carolina v. Katzenbach, 383 U.S. 301 (1966), in which the Court upheld the validity of the Voting Rights Act of 1965. South Carolina v Katzenbach, 383 US 301 ( 1966) is a decision of the Supreme Court of the United States. Year 1966 ( MCMLXVI) was a Common year starting on Saturday (link will display full calendar of the 1966 Gregorian calendar. Background See also [[Disfranchisement after the Civil War]] The 13th Amendment, ratified in 1865 after the Civil War, abolished and prohibited In an attempt to protect the voting rights of African Americans, the act required any state whose population was at least 5% African American to obtain federal approval before changing its voting laws. African Americans or Black Americans are citizens or residents of the United States who have origins in any of the black populations of Africa Black wrote that the law,

. . . by providing that some of the States cannot pass state laws or adopt state constitutional amendments without first being compelled to beg federal authorities to approve their policies, so distorts our constitutional structure of government as to render any distinction drawn in the Constitution between state and federal power almost meaningless. ^[20]

Similarly, in Oregon v. Mitchell (1970), he delivered the opinion of the court holding that the federal government was not entitled to set the voting age for state elections. Oregon v Mitchell, 400 US 112 (1970 was a case in which the Supreme Court of the United States held that states could set their own age limits for A voting age is a minimum age established by Law that a person must attain in order to be eligible to Vote in a Public Election.

In the law of federal jurisdiction, Black made a large contribution by authoring the majority opinion in Younger v. Harris. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States Younger v Harris, 401 US 37 (1971 was a case in which the United States Supreme Court held that United States federal courts were required This case, decided during Black's last year on the Court, has given rise to what is now known as Younger abstention. An abstention doctrine is any of several doctrines that a Court of law might (or in some cases must apply to refuse to hear a case when hearing the case would potentially intrude According to this doctrine, an important principle of federalism called "comity"—that is, respect by federal courts for state courts—dictates that federal courts abstain from intervening in ongoing state proceedings, absent the most compelling circumstances. The case is also famous for its discussion of what Black calls "Our Federalism," a discussion in which Black expatiates on

proper respect for state functions, a recognition of the fact that the entire country is made up of a Union of separate state governments, and a continuance of the belief that the National Government will fare best if the States and their institutions are left free to perform their separate functions in their separate ways. ^[21]

Civil Rights

Earlier in his career, first as an active member in the Ku Klux Klan and then as a senator who filibustered an anti-lynching bill,^[22] Black did not appear to be progressive on the issue of race. But during his tenure on the bench, Black established a record more sympathetic to the civil rights movement. He joined the majority in Shelley v. Kramer (1948), which invalidated the judicial enforcement of racially restrictive covenants. Shelley v Kraemer, 334 US 1, ( 1948) is a United States Supreme Court decision involving the enforceability of Restrictive covenants A real covenant is a Legal obligation imposed in a Deed by the seller upon the buyer of Real estate to do or not to do something Similarly, he was part of the unanimous Brown v. Board of Education (1954) Court that struck down racial segregation in public schools. Brown v Board of Education of Topeka, 347 US 483 (1954 was a Landmark decision of the United States Supreme Court, which overturned earlier He was burnt in effigy by segregationists back in Alabama.

However, he also wrote the court's majority opinion in Korematsu v. United States, which validated Roosevelt's decision to intern Japanese Americans on the West Coast during World War II. Korematsu v United States, 323 US 214 (1944 was a landmark United States Supreme Court case concerning the constitutionality of Executive Order Japanese American internment refers to the forcible relocation and Internment of approximately 110000 Japanese nationals and Japanese Americans to housing The " West Coast " " Western Seaboard " or " Pacific Seaboard " are terms for the westernmost coastal states of the Western United States World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including He stated that, while race-based internment was "constitutionally suspect", it was permissible during "circumstances of direst emergency and peril. " The decision is roundly criticized today. Issuing a rare writ of coram nobis, a district court in 1984 vacated Korematsu’s conviction. In Law, a motion for a writ of coram nobis (or error coram nobis, from the Latin "in our presence" usually translated in context as “As a legal precedent is is now recognized as having very limited application. As historical precedent it stands as a constant caution. . . ”^[23] In dissent Justice Frank Murphy accused the government of "fall[ing] into the ugly abyss of racism. William Francis (Frank Murphy ( April 13, 1890 July 19, 1949) was a Politician and Jurist from Michigan. "

Black also tended to favor law and order over civil rights activism. ^[24] This led him to read the Civil Rights Act narrowly. For example, he dissented in a case reversing convictions of sit-in protesters, arguing to limit the scope of the Civil Rights Act. ^[25] In 1968 he said, “Unfortunately there are some who think that Negroes should have special privileges under the law. ”^[26]

First Amendment

Black took an absolutist approach to First Amendment jurisprudence, as reflected by his famous aphorism, "No law means no law. " As a result, he often found himself in dissent, although he was usually joined by Justice William O. Douglas. However, his interpretation of the establishment clause was (for the most part) shared by his colleagues, especially during the tenure of Chief Justice Warren.

He believed that the First Amendment erected a wall of separation between church and state. The Separation of church and state is a legal and political principle derived from the First Amendment to the United States Constitution, which reads "Congress During his career Black wrote several important opinions relating to church-state separation. He delivered the opinion of the court in Everson v. Board of Education (1947), which held that the establishment clause was applicable not only to the federal government, but also to the states. Everson v Board of Education, 330 US 1 ( 1947) was the seminal United States Supreme Court case in Establishment Clause law in the His majority opinion in McCollum v. Board of Education (1948) held that the government could not provide religious instruction in public schools. McCollum v Board of Education, 333 US 203 ( 1948) was a landmark case ruled upon by the United States Supreme Court in 1948, and In Torcaso v. Watkins (1961), he delivered an opinion which affirmed that the states could not use religious tests as qualifications for public office. Torcaso v Watkins, was a United States Supreme Court case in which the court reaffirmed that the US Constitution prohibits States and the Federal Government Similarly, he authored the majority opinion in Engel v. Vitale (1962), which declared it unconstitutional for states to require the recitation of official prayers in public schools. Engel v Vitale, 370 US 421 ( 1962) was a landmark United States Supreme Court case that determined that it is unconstitutional

Justice Black is often regarded as a leading defender of First Amendment rights such as the freedom of speech and of the press. He refused to accept the doctrine that the freedom of speech could be curtailed on national security grounds. Thus, in New York Times Co. v. United States (1971), he voted to allow newspapers to publish the Pentagon Papers despite the Nixon Administration's contention that publication would have security implications. New York Times Co v United States, 403 US 713 ( 1971) was a United States Supreme Court Per curiam decision The Pentagon Papers is the popular name for a 14000-page top-secret United States government report about the history of the Government's internal planning and policy In his concurring opinion, Black stated,

"The word 'security' is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. "^[27]

He rejected the idea that the government was entitled to punish "obscene" speech. Likewise, he argued that defamation laws abridged the freedom of speech and were therefore unconstitutional. Most members of the Supreme Court rejected both of these views; Black's interpretation did attract the support of Justice Douglas.

However, he did not believe that individuals had the right to speak wherever they pleased. He delivered the majority opinion in Adderley v. Florida (1966), controversially upholding a trespassing conviction for protestors who demonstrated on government property. Adderley v Florida, 385 US 39 ( 1966) was a case in the Supreme Court of the United States. He also dissented from Tinker v. Des Moines (1969), in which the Supreme Court ruled that students had the right to wear armbands (as a form of protest) in schools, writing,

While I have always believed that under the First and Fourteenth Amendments neither the State nor the Federal Government has any authority to regulate or censor the content of speech, I have never believed that any person has a right to give speeches or engage in demonstrations where he pleases and when he pleases. Tinker v Des Moines Independent Community School District, was a United States Supreme Court case that resulted in a decision defining the constitutional ^[28]

Moreover, Black took a narrow view of what constituted "speech" under the First Amendment. For example, he did not believe that flag burning was speech; in Street v. New York (1969), he wrote: "It passes my belief that anything in the Federal Constitution bars a State from making the deliberate burning of the American flag an offense. Flag desecration is a term applied to various acts that intentionally deface a Flag, most often a National flag (though other flags can be defaced as well In Street v New York, 394 US 576 ( 1969) the United States Supreme Court held by a vote of 5 to 4 that a New York state law making "^[29] Similarly, he dissented from Cohen v. California (1971), in which the Court held that wearing a jacket emblazoned with the words "Fuck the Draft" was speech protected by the First Amendment. Cohen v California, 403 US 15 (1971 was a United States Supreme Court case dealing with freedom of speech. He agreed that this activity "was mainly conduct, and little speech. "

Criminal procedure

Black adopted a narrower interpretation of the Fourth Amendment than many of his colleagues on the Warren Court. The Fourth Amendment' ( Amendment IV) to the United States Constitution is a part of the Bill of Rights. He dissented from Katz v. United States (1967), in which the Court held that warrantless wiretapping violated the Fourth Amendment's guarantee against unreasonable search and seizure. Katz v United States, 389 US 347 (1967 was a United States Supreme Court decision that extended the Fourth Amendment protection from unreasonable Wiretap redirects here For the radio program see WireTap (radio program Telephone tapping (or wire tapping / wiretapping in However, he argued that the Fourth Amendment only protected tangible items from physical searches or seizures. Thus, he concluded that telephone conversations were not within the scope of the amendment, and that warrantless wiretapping was consequently permissible.

Justice Black originally believed that the Constitution did not require the exclusion of illegally seized evidence at trials. In his concurrence to Wolf v. Colorado (1949), he claimed that the exclusionary rule was "not a command of the Fourth Amendment but . The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of . . a judicially created rule of evidence. "^[30] But he later changed his mind and joined the majority in Mapp v. Ohio (1961), which applied it to state as well as federal criminal investigations. Mapp v Ohio, 367 US 643 ( 1961) was a landmark case in Criminal procedure, in which the United States Supreme Court decided that In his concurrence, he indicated that his support was based on the Fifth Amendment's guarantee of the right against self-incrimination, not on the Fourth Amendment's guarantee against unreasonable searches and seizures. He wrote, "I am still not persuaded that the Fourth Amendment, standing alone, would be enough to bar the introduction into evidence . . . seized . . . in violation of its commands. "^[31]

In other instances Black took a fairly broad view of the rights of criminal defendants. He joined the Supreme Court's landmark decision in Miranda v. Arizona (1966), which required law enforcement officers to warn suspects of their rights prior to interrogations, and consistently voted to apply the guarantees of the Fourth, Fifth, Sixth, and Eighth Amendments at the state level. Miranda v Arizona (consolidated with Westover v United States, Vignera v In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before The Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions in federal courts The Eighth Amendment ( Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791

Black was the author of the landmark case Gideon v. Wainwright, which ruled that the states must provide an attorney to an indigent criminal defendant who cannot afford one. Gideon v Wainwright,, is a landmark case in United States Supreme Court history An attorney at law (or attorney-at-law) in the United States is a practitioner in a court of law who is legally qualified to prosecute Impotent poor was a classification of Poverty used in Britain during the 1600s It referred to those poor who were unable to support themselves either through A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff Before Gideon, the Court had held that such a requirement applied only to the federal government.

Incorporation

One of the most notable aspects of Justice Black's jurisprudence was the view that the entirety of the federal Bill of Rights was applicable to the states. Originally, the Bill of Rights was binding only upon the federal government, as the Supreme Court ruled in Barron v. Baltimore (1833). Barron v Mayor of Baltimore, 32 US (7 Pet 243 (1833 established a precedent on whether the United States Bill of Rights could be applied to state According to Black, the Fourteenth Amendment, ratified in 1868, "incorporated" the Bill of Rights, or made it binding upon the states as well. In particular, he pointed to the Privileges or Immunities Clause, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Amendment XIV Section 1 Clause 2 of the United States Constitution is known as the Privileges or Immunities Clause. " He proposed that the term "privileges or immunities" encompassed the rights mentioned in the first eight amendments to the Constitution.

Black first expounded this theory of incorporation when the Supreme Court ruled in Adamson v. California (1947) that the Fifth Amendment's guarantee against self-incrimination did not apply to the states. Adamson v California, 332 US 46 ( 1947) was a United States Supreme Court case regarding the incorporation of the Fifth Amendment The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure The right to remain silent is a legal protection given to people undergoing police Interrogation or trial. In an appendix to his dissenting opinion, Justice Black analyzed statements made by those who framed the Fourteenth Amendment, reaching the conclusion that "the Fourteenth Amendment, and particularly its privileges and immunities clause, was a plain application of the Bill of Rights to the states. "^[32]

This theory sparked an extended debate within the Court and the academic legal community. It attracted the support of Justices such as Frank Murphy and William O. Douglas. However, it never achieved the support of a majority of the Court. The most prominent opponents of Black's theory were Justices Felix Frankfurter and John Marshall Harlan II. Felix Frankfurter ( November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court John Marshall Harlan (May 20 1899 – December 29 1971 was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971 Frankfurter and Harlan argued that the Fourteenth Amendment did not incorporate the Bill of Rights per se, but merely protected rights that are "implicit in the concept of ordered liberty," which was the standard Justice Cardozo had established earlier in Palko v. Connecticut. Benjamin Nathan Cardozo ( May 24, 1870 &ndash July 9, 1938) was a well-known American Lawyer and Jurist, remembered Palko v Connecticut,, was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against

The Supreme Court never accepted the argument that the Fourteenth Amendment incorporated the entirety of the Bill of Rights. However, it did agree that some "fundamental" guarantees were made applicable to the states. For the most part, during the 1930s, 1940s, and 1950s, only First Amendment rights (such as free exercise of religion and freedom of speech) were deemed sufficiently fundamental by the Supreme Court to be incorporated. The First Amendment to the United States Constitution is part of the United States Bill of Rights that expressly prohibits the United States Congress

However, during the 1960s, the Court under Chief Justice Warren took the process much further, making almost all guarantees of the Bill of Rights binding upon the states. Thus, although the Court failed to accept Black's theory of total incorporation, the end result of its jurisprudence is very close to what Black advocated. Today, the only parts of the first eight amendments that have not been extended to the states are the Second, Third and Seventh amendments and the grand jury clause of the Fifth. The Second Amendment (Amendment II to the United States Constitution is a part of the United States Bill of Rights that protects the pre-existing The Third Amendment to the United States Constitution (Amendment III is a part of the United States Bill of Rights. In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure

Due process clause

Justice Black was well-known for his rejection of the doctrine of substantive due process. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her Most Supreme Court Justices accepted the view that the due process clause encompassed not only procedural guarantees, but also "fundamental fairness" and fundamental rights. Thus, it was argued that due process included a "procedural" component as well as a "substantive component. "

Black, however, believed that this interpretation of the due process clause was unjustifiably broad. In his dissent to Griswold, he charged that the doctrine of substantive due process "takes away from Congress and States the power to make laws based on their own judgment of fairness and wisdom, and transfers that power to this Court for ultimate determination. Griswold v Connecticut, 381 US 479 ( 1965) was a Landmark case in which the Supreme Court of the United States ruled that the "^[19] Instead, Black advocated a much narrower interpretation of the clause. In his dissent to In re Winship, he analyzed the history of the term "due process of law", and concluded: "For me, the only correct meaning of that phrase is that our Government must proceed according to the 'law of the land'—that is, according to written constitutional and statutory provisions as interpreted by court decisions. In re Winship, 397 US 358 (1970 was a United States Supreme Court decision which held that when a juvenile is charged with an act which would "^[33]

None of Black's colleagues shared this interpretation of the due process clause. Harlan in particular was highly critical of it, indicating his "continued bafflement at my Brother Black's insistence that due process . . . does not embody a concept of fundamental fairness" in his Winship concurrence. ^[34] Since Black's death the Court has continued to apply the doctrine of substantive due process (most notably in Roe v. Wade, which proclaimed that abortion was a constitutionally protected right), and on the present Court, only Justices Antonin Scalia and Clarence Thomas are on record as explicitly and categorically rejecting it, as did Black. Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding (born March 11, 1936) is an American Jurist and the second most senior Associate Justice of the Supreme Court of the United States Clarence Thomas (born June 23, 1948) is an American Jurist. He has been serving as an Associate Justice of the Supreme Court of the United

Voting rights

Black was one of the Supreme Court's foremost defenders of the "one man, one vote" principle. One Member One Vote (OMOV as used in the parliamentary politics of the United Kingdom, Canada, and the Canadian provinces, is a proposal to He delivered the opinion of the court in Wesberry v. Sanders (1964), holding that the Constitution required congressional districts in any state to be approximately equal in population. Wesberry v Sanders, 376 US 1 ( 1964) was a case involving congressional districts in the state of Georgia, brought before the He concluded that the Constitution's command "that Representatives be chosen 'by the People of the several States' means that as nearly as is practicable one man's vote in a congressional election is to be worth as much as another's. "^[35] Likewise, he voted in favor of Reynolds v. Sims (1964), which extended the same requirement to state legislative districts on the basis of the equal protection clause. Reynolds v Sims, 377 US 533 ( 1964) was a United States Supreme Court case that ruled that state legislature districts had to be

At the same time, Black did not believe that the equal protection clause made poll taxes unconstitutional. A poll tax, head tax, or capitation is a Tax of a uniform fixed amount per individual (as opposed to a percentage of income Thus, he dissented from the Court's ruling in Harper v. Virginia Board of Elections (1966) invalidating the use of the poll tax as a qualification to vote. Harper v Virginia Board of Elections,, was a case in which the U He criticized the Court for exceeding its "limited power to interpret the original meaning of the Equal Protection Clause" and for "giving that clause a new meaning which it believes represents a better governmental policy. "^[36]

Retirement and death

Justice Black admitted himself to the National Naval Medical Center in Bethesda, Maryland, on August 28, 1971, and subsequently retired from the Court on September 17. The National Naval Medical Center in Bethesda Maryland, United States, also known as the Bethesda Naval Hospital, is considered the flagship of the Bethesda is an Unincorporated area in southern Montgomery County Maryland, just Northwest of Washington D Events 475 - The Roman General Orestes forces western Roman Emperor Julius Nepos to flee his Capital Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec He suffered a stroke two days later and died on September 25. Events 303 - On a voyage preaching the Gospel, Saint Fermin of Pamplona is beheaded in Amiens, France He was buried at the Arlington National Cemetery. Arlington National Cemetery, in Arlington Virginia, is a military cemetery in the United States, established during the American Civil War

President Richard Nixon first considered nominating Hershel Friday to fill the vacant seat, but changed his mind after the American Bar Association found Friday unqualified. Herschel H Friday ( February 10, 1922 - March 1, 1994) was an Arkansas bond lawyer whom President Richard Nixon considered The American Bar Association ( ABA) founded August 21 1878 is a voluntary Bar association of Lawyers and law students which is not specific Nixon then nominated Lewis Powell, who was confirmed by the Senate. Lewis Franklin Powell Jr ( September 19, 1907 &ndash August 25, 1998) was an Associate Justice of the Supreme Court of the

In 1986 Black appeared on a postage stamp issued by the United States Postal Service. A postage stamp is an adhesive paper evidence of pre-paying a fee for postal services He is one of only three Associate Justices to do so; the other two are Oliver Wendell Holmes, Jr. and Thurgood Marshall. Oliver Wendell Holmes Jr ( March 8, 1841 &ndash March 6, 1935) was an American Jurist who served on the Supreme Thurgood Marshall ( July 2, 1908 – January 24, 1993) was an American Jurist and the first African American ^[37] In 1987, Congress passed a law designating the new courthouse building for the U.S. District Court for the Northern District of Alabama in Birmingham, as the "Hugo L. The United States District Court for the Northern District of Alabama is the Federal district court whose jurisdiction comprises the following counties Bibb, Birmingham (ˈbɝmɪŋhæm is the largest City in the US state of Alabama and is the County seat of Jefferson County. Black United States Courthouse. "

An extensive collection of Black's personal, senatorial, and judicial papers is archived at the Manuscript Division of the Library of Congress, where it is open for research. The Library of Congress is the De facto National library of the United States and the research arm of the United States Congress ^[38]

Justice Black is honored in an exhibit in the Bounds Law Library at the University of Alabama School of Law. The University of Alabama School of Law is a Law school located in Tuscaloosa, AL. A special Hugo Black collection is maintained by the library. ^[39]

Black served on the Supreme Court for thirty-four years, making him the fourth longest-serving Justice in Supreme Court history. He was the senior (longest serving) justice on the court for an unprecedented twenty-five years, from the death of Chief Justice Stone on April 22, 1946 to his own retirement on September 17, 1971. Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. Events 1500 - Portuguese Navigator Pedro Álvares Cabral becomes the first European to sight Brazil. Year 1946 ( MCMXLVI) was a Common year starting on Tuesday (link will display full 1946 calendar of the Gregorian calendar. Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. As the longest-serving associate justice, he was acting Chief Justice from Stone's death until Vinson took office on June 24, 1946 and from Vinson's death on September 8, 1953 until Warren took office on October 5, 1953. Frederick Moore Vinson ( January 22 1890 – September 8 1953) served the United States in all three branches of government Events 972 - Battle of Cedynia, the first documented victory of Polish forces takes place Year 1946 ( MCMXLVI) was a Common year starting on Tuesday (link will display full 1946 calendar of the Gregorian calendar. Events 70 - Roman forces under Titus sack Jerusalem. 1264 - The Statute of Kalisz Year 1953 ( MCMLIII) was a Common year starting on Thursday (link will display full calendar of the Gregorian calendar. Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice Events 869 - The Fourth Council of Constantinople is convened to decide about what to do about Patriarch Photius of Constantinople Year 1953 ( MCMLIII) was a Common year starting on Thursday (link will display full calendar of the Gregorian calendar. There was no interregnum between the Warren and Burger courts in 1969. An interregnum (plural interregna or interregnums) is a period of discontinuity of a government organization or social order Warren Earl Burger ( September 17 1907 – June 25 1995) was Chief Justice of the United States from 1969 to 1986 Year 1969 ( MCMLXIX) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar.

Quotes by Black

• "The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government. " From New York Times Co. v. United States. New York Times Co v United States, 403 US 713 ( 1971) was a United States Supreme Court Per curiam decision ^[40]

Quotes about Black

• "Rarely cited by the Supreme Court today, Justice Black is generally viewed by the Court (as he was by Bickel) as too 'absolutist,' too unyielding, too unresponsive to other societal needs. Alexander Mordecai Bickel ( December 17 1924 – November 8 1974) was a law professor and expert on the United States Constitution. But the Pentagon Papers case may, even now, best be recalled in Justice Black's opinion, the last he would write on the Court. The Pentagon Papers is the popular name for a 14000-page top-secret United States government report about the history of the Government's internal planning and policy " Floyd Abrams. Floyd Abrams (born July 9 1936 is an American Attorney. He is an expert on Constitutional Law, and many arguments in the briefs he has written before ^[41]

References

Additional reading

• Ball, Howard. (1992). Of Power and Right : Hugo Black, William O. Douglas, and America's Constitutional Revolution. New York: Oxford University Press. ISBN 9780195046120, ISBN 0195046129.
• Ball, Howard. (1996). Hugo L. Black: Cold Steel Warrior. New York: Oxford University Press. ISBN 0195078144; ISBN 0-19-507814-4.
• Ball, Howard and Phillip J. Cooper. (1992) . Of Power and Right: Hugo Black, William O. Douglas, and America's Constitutional Revolution. New York: Oxford University Press.
• Ball, Howard. (1975). The Vision and the Dream of Justice Hugo L. Black: An Examination of a Judicial Philosophy. University, AL: University of Alabama Press.
• Black, Hugo L. (1968). A Constitutional Faith. New York, Knopf.
• Black, Hugo L and Elizabeth Black. (1985). Mr. Justice Black and Mrs. Black: The Memoirs of Hugo L. Black and Elizabeth Black. New York: Random House, 1985.
• Black, Hugo, Jr. (1975). My Father: A Remembrance. New York: Random House.
• Dunne, Gerald T. (1977). Hugo Black and the Judicial Revolution. New York: Simon Schuster.
• Frank, John Paul. (1949). Mr. Justice Black, the Man and His Opinions. New York: Alfred A. Knopf.
• Frank, John P. , The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors) (Chelsea House Publishers: 1995) ISBN 0791013774, ISBN 978-0791013779
• Freyer, Tony Allen. (1990). Hugo L. Black and the Dilemma of American Liberalism. Glenview, IL: Scott, Foresman. ISBN 9780817311940.
• Freyer, Tony Allan, ed. (1990). Justice Hugo Black and Modern America. Tuscaloosa, AL: University of Alabama Press. ISBN 0817311947
• Hamilton, Virginia Van der Veer. (1972). Hugo Black: The Alabama Years. Baton Rouge: Louisiana State University Press.
• Hockett, Jeffrey D. (1996). New Deal Justice: The Constitutional Jurisprudence of Hugo L. Black, Felix Frankfurther, and Robert H. Jackson. Lanham, MD: Rowman & Littlefield Publishers. ISBN 0847682102 ISBN 9780847682102
• Magee, James J. (1980). Mr. Justice Black, Absolutist of the Court. Charlottesville: University Press of Virginia. ISBN 1-58838-144-7.
• Mendelson, Wallace. (1961). Justices Black and Frankfurter: Conflict in the Court. Chicago: University of Chicago Press.
• Newman, Roger K. (1994). Hugo Black: A Biography. New York: Pantheon Books. ISBN 0823217868; ISBN 978-0823217861; ISBN 0679431802.
• Silverstein, Mark. (1984). Constitutional Faiths: Felix Frankfurter, Hugo Black, and the Process of Judicial Decision Making. Ithaca: Cornell University Press.
• Simon, James F. (1989). The Antagonists: Hugo Black, Felix Frankfurter, and Civil Liberties in America. New York: Simon Schuster.
• Strickland, Stephen Parks, ed. (1967). Hugo Black and the Supreme Court: A Symposium. Indianapolis, Bobbs-Merrill.
• Suitts, Steve. (2005). Hugo Black of Alabama. Montgomery, AL: New South Books. ISBN 1-58838-144-7.
• Williams, Charlotte. (1950). Hugo L. Black: A Study in the Judicial Process. Baltimore, Johns Hopkins Press.
• Yarbrough, Tinsley E. (1989). Mr. Justice Black and His Critics. Durham, NC: Duke University Press.
• Yarbrough, Tinsley E. (1971). “Mr. Justice Black and Legal Positivism,” Virginia Law Review 57: 375.

External links

• Works by Hugo Black on Wikisource. Wikisource is a Wikimedia project to build a free, Wiki Library of Source texts along with translations into any language
• "Black, Hugo Lafayette." Biographical Directory of the United States Congress.
• Goldman, Jeremy. "Hugo L. Black." Oyez Project.
• Supreme Court Historical Society. "Hugo L. Black."
• Pesaresi,Josephine Black. "Simple and Cheap." Preparations for her father's funeral.

United States Senate
Preceded by Oscar W. Underwood	United States Senator (Class 3) from Alabama March 4, 1927 – August 19, 1937 Served alongside: J. Thomas Heflin, John H. Bankhead II	Succeeded by Dixie B. Graves
Political offices
Preceded by David I. Walsh Massachusetts	Chairman of the Senate Education and Labor Committee 1937	Succeeded by Elbert D. Thomas Utah
Legal offices
Preceded by Willis Van Devanter	Associate Justice of the Supreme Court of the United States August 19, 1937 – September 17, 1971	Succeeded by Lewis Franklin Powell, Jr.

Persondata
NAME	Black, Hugo
ALTERNATIVE NAMES	Black, Hugo LaFayette
SHORT DESCRIPTION	U. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives Oscar Wilder Underwood ( May 6 1862 – January 25 1929) was an American politician Alabama was admitted to the Union on December 14 1819. Its Senate seats were declared vacant in March 1861, due to its Events 51 - Nero, later to become Roman Emperor, is given the title Princeps iuventutis (head of the youth Year 1927 ( MCMXXVII) was a Common year starting on Saturday (link will display full calendar of the Gregorian calendar. Events 43 BC - Octavian, later known as Augustus compels the Roman Senate to elect him Consul. Year 1937 ( MCMXXXVII) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar. James Thomas Heflin ( April 9 1869 &ndash April 22 1951) nicknamed "Cotton Tom" was a United States Senator from Alabama John Hollis Bankhead II ( July 8 1872 – June 12 1946) was a U Dixie Bibb Graves ( July 26 1882 &ndash January 21 1965) was a United States Senator and former First Lady from the state David Ignatius Walsh ( November 11, 1872 - June 11, 1947) was a United States politician from Massachusetts. The United States Senate Committee on Health Education Labor and Pensions (HELP generally considers matters relating to health education labor and pensions Elbert Duncan Thomas ( June 17, 1883 &ndash February 11, 1953) was a Democratic Party Politician from Utah. Willis Van Devanter ( April 17, 1859 - February 8, 1941) was an Associate Justice of the United States Supreme Court, January This is a list of past and present justices of the Supreme Court of the United States. Events 43 BC - Octavian, later known as Augustus compels the Roman Senate to elect him Consul. Year 1937 ( MCMXXXVII) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar. Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. Lewis Franklin Powell Jr ( September 19, 1907 &ndash August 25, 1998) was an Associate Justice of the Supreme Court of the S. Supreme Court justice
DATE OF BIRTH	February 27, 1886
PLACE OF BIRTH	Harlan, Alabama, Wilcox County, Alabama, United States of America
DATE OF DEATH	September 25, 1971
PLACE OF DEATH	National Naval Medical Center, Bethesda, Maryland, United States of America

Events 1560 - The Treaty of Berwick, which would expel the French from Scotland, is signed by England and the Congregation Year 1886 ( MDCCCLXXXVI) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common Wilcox County is a County of the US state of Alabama. Its name is in honor of Lieutenant J The United States of America —commonly referred to as the Events 303 - On a voyage preaching the Gospel, Saint Fermin of Pamplona is beheaded in Amiens, France Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. The National Naval Medical Center in Bethesda Maryland, United States, also known as the Bethesda Naval Hospital, is considered the flagship of the Bethesda is an Unincorporated area in southern Montgomery County Maryland, just Northwest of Washington D The United States of America —commonly referred to as the

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