Monday, November 12, 2012

Constitution & the Presidency

One Supreme accost Justice, Stephen Field, was so loose in his laissez-faire insureations of the Constitution that ace author wrote, "The fact that Stephen Field had been born too modern to participate in the Constitutional Convention was an accident of record that he was happy to correct" (Friedman 54). Such interpretations are discipline in cases the like U.S. v. E.C. Knight (1895) and Lochner v. New York (1905). Earl Warren was old-timer Justice from 1953 to 1969 in what is generally considered a leftist or judicially activist court. The influence of Warren's activism was so strong that though he retired in 1969, the activism of the court continued into the 1970s, most notably in Roe v. Wade (1973). Thus we can suppose that the presidency, congress and Supreme Court continually try to interpret and push political agenda to fightfared their individual viewpoints.

The impact of war on domestic and civil rights depends on the nature of the war. Wars like WWII advanced both the rights of women and African Americans, while sharply curtailing those of Nipponese-Americans. separate wars like the Cold War and Vietnam War have legal injury domestic progress and severely undermined civil rights. During WWII the service of African Americans helped paved the way for civil rights legislation, while increasing numbers of women entering the workforce paved a similar route. However, as soo


The Cold War includes blacklisting of alleged(a) communistic sympathizers, the formation of the House Un-American Activities Commissions (HUAC), and the infamous hearings held by Senator Joseph McCarthy. It was a time of snitches, witch-hunters, and open season on anyone suspects of having Communist sympathies or ties. During this time in Dennis v. U.S.
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(1951), the Supreme Court rule that prohibiting aggroups from forming that have an intent to overthrow the government does not hurt Constitutional rights: "making it a crime for any somebody knowingly or willfully to advocate the overthrow or destruction of the Government of the United States by force or violence, to organize or help to organize any group which does so, or to conspire to do so, do not bankrupt the First Amendment or other provisions of the Bill of Rights and do not violate the First or Fifth Amendments because of indefinity" (1).

n as American declared itself at war with Japan, large populations of naturalized and second-generation citizens of Japanese origin were contained in internment camps. Seizing their property and forcing their removal to the camps, Thompson and Randall argue that the U.S. like Canada who did likewise, reacted with "near-identical racism to the perceived security threat posed by the Japanese minorities" (173).

Thompson, J. and Randall, S. Canada and the United States: Ambivalent Allies. Montreal: Queen's Univ. Press, 1994.

Burson, G. (2002). U.S. Domesti
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