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Fighting Faiths

Author: Richard Polenberg
Publisher: Cornell University Press
ISBN: 9780801486180
Size: 40.90 MB
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Jacob Abrams et al. v. United States is the landmark Supreme Court case in the definition of free speech. Although the 1918 conviction of four Russian Jewish anarchists—for distributing leaflets protesting America's intervention in the Russian revolution—was upheld, Justice Oliver Wendell Holmes's dissenting opinion (with Justice Louis Brandeis) concerning "clear and present danger" has proved the touchstone of almost all subsequent First Amendment theory and litigation.In Fighting Faiths, Richard Polenberg explores the causes and characters of this dramatic episode in American history. He traces the Jewish immigrant experience, the lives of the convicted anarchists before and after the trials, the careers of the major players in the court cases—men such as Holmes, defense attorney Harry Weinberger, Southern Judge Henry DeLamar Clayton, Jr., and the young J. Edgar Hoover—and the effects of this important case on present-day First Amendment rights.

Our Rights

Author: David J. Bodenhamer
Publisher: Oxford University Press, USA
ISBN: 0195325672
Size: 69.10 MB
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Designed for high school students and motivated lay readers, this book will be an introduction to the rights held by American citizens under the U.S. Constitution as explored through a series of historical case studies. Each chapter will use dramatic narrative to illustrate a right in action. Most examples, but not all, will use U.S. Supreme Court cases to focus on a time when the right in question received its modern interpretation. The aim, however, will be to use each chapter to discuss how the right applies today and how courts and other interpreters seek to balance this right with important societal concerns, such as the need for order and public safety. The book will begin with a 20-page chapter on how we arrived at our modern concept of rights. The major interpretive thread will be the continual struggle to define limits on the power of the state. The chapter will introduce several key themes: our understanding of rights has emerged from history (experience); our definition and interpretation of rights is always evolving; concepts of rights are always under contention; and various actors-legislatures, executives, and courts-compete to be the final interpreter of our rights. American constitutional rights generally fall into one of three groups-rights of democracy, that is, rights required for American democracy to work effectively; rights of the accused, or due process rights that assure a fair trial for individuals accused of crimes; and other rights of persons, including the right to privacy. A fourth category of rights are not constitutional per se, but often we conceive of them as such even though often they are statutory rights, such as the right to education... A concluding chapter will discuss other rights that may evolve as a result of current political and social movements, such as the right to health care. Along with Our Constitution and Pivotal Supreme Court Cases (working title), this book has the potential to become a core text for the annual observance of Constitution Day on September 17, which is mandated by Congress for all educational institutions receiving federal funds.

In The Matter Of J Robert Oppenheimer

Author: Richard Polenberg
Publisher: Cornell University Press
ISBN: 9780801486616
Size: 24.73 MB
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At the end of World War II, J. Robert Oppenheimer was one of America's preeminent physicists. For his work as director of the Manhattan Project, he was awarded the Medal for Merit, the highest honor the U.S. government can bestow on a civilian. Yet, in 1953, Oppenheimer was denied security clearance amidst allegations that he was "more probably than not" an "agent of the Soviet Union." Determined to clear his name, he insisted on a hearing before the Atomic Energy Commission's Personnel Security Board.In the Matter of J. Robert Oppenheimer contains an edited and annotated transcript of the 1954 hearing, as well as the various reports resulting from it. Drawing on recently declassified FBI files, Richard Polenberg's introductory and concluding essays situate the hearing in the Cold War period, and his thoughtful analysis helps explain why the hearing was held, why it turned out as it did, and what that result meant, both for Oppenheimer and for the United States.Among the forty witnesses who testified were many who had played vitally important roles in the making of U.S. nuclear policy: Enrico Fermi, Hans Bethe, Edward Teller, Vannevar Bush, George F. Kennan, and Oppenheimer himself. The hearing provides valuable insights into the development of the atomic bomb and the postwar debate among scientists over the hydrogen bomb, the conflict between the foreign policy and military establishments over national defense, and the controversy over the proper standards to apply in assessing an individual's loyalty. It reveals as well the fears and anxieties that plagued America during the Cold War era.

The Federal Courts

Author: Peter Charles Hoffer
Publisher: Oxford University Press
ISBN: 0199387907
Size: 11.30 MB
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There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

Supreme Court Justices

Author: Timothy L. Hall
Publisher: Infobase Publishing
ISBN: 1438108176
Size: 29.56 MB
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Presents an alphabetical listing of Supreme Court justices with a short biography on each person.

Encyclopedia Of American Journalism

Author: Stephen L. Vaughn
Publisher: Routledge
ISBN: 1135880204
Size: 79.50 MB
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The Encyclopedia of American Journalism explores the distinctions found in print media, radio, television, and the internet. This work seeks to document the role of these different forms of journalism in the formation of America's understanding and reaction to political campaigns, war, peace, protest, slavery, consumer rights, civil rights, immigration, unionism, feminism, environmentalism, globalization, and more. This work also explores the intersections between journalism and other phenomena in American Society, such as law, crime, business, and consumption. The evolution of journalism's ethical standards is discussed, as well as the important libel and defamation trials that have influenced journalistic practice, its legal protection, and legal responsibilities. Topics covered include: Associations and Organizations; Historical Overview and Practice; Individuals; Journalism in American History; Laws, Acts, and Legislation; Print, Broadcast, Newsgroups, and Corporations; Technologies.

Disloyal Mothers And Scurrilous Citizens

Author: Kathleen Kennedy
Publisher: Indiana University Press
ISBN: 0253028493
Size: 46.70 MB
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Kennedy's unique study explores the arrests, trials, and defenses of women charged under the Wartime Emergency Laws passed soon after the U.S. entered WWI. These trials became important arenas in which women's relationships and obligations to national security were contested and defined.

Gibbons V Ogden Law And Society In The Early Republic

Author: Thomas H. Cox
Publisher: Ohio University Press
ISBN: 082144333X
Size: 46.51 MB
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Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.

Program

Author: Organization of American Historians
Publisher:
ISBN:
Size: 15.75 MB
Format: PDF, Kindle
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First Freedoms

Author: Charles C. Haynes
Publisher: Oxford University Press, USA
ISBN: 9780195157505
Size: 39.44 MB
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Uses thirty-seven documents from the Charter of Rhode Island and Providence Plantations in 1663 to the Patriot Act of 2001 to explore the origins and attacks on the First Amendment.