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

By Mark V. Tushnet

ISBN-10: 0195093143

ISBN-13: 9780195093148

Following on Making Civil Rights Law, which lined Thurgood Marshall's profession from 1936-1961, this e-book specializes in Marshall's profession at the preferrred court docket from 1961-1991, the place he used to be the 1st African-American Justice. in response to thorough study within the excellent courtroom papers of Justice Marshall and others, this e-book describes Marshall's method of constitutional legislations in components starting from civil rights and the loss of life penalty to abortion and poverty. It locates the very best court docket from 1967 to 1991 in a broader socio-political context, exhibiting how the nation's waft towards conservatism affected the Court's debates and judgements.

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Extra info for Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991

Sample text

They argued that the merger should be blocked because some small railroads were not going to get adequate financial protection once the merger occurred. The initial drafts from the Justice Department agreed with the opponents: Instead of upholding the merger, the Court should send it back for full-scale reconsideration by the Interstate Commerce Commission. Louis Claiborne in Marshall's office thought that the merger itself was legal but only if the small railroads were protected. To protect them, though, the Court need not block the merger entirely.

Late in the Court's Term, Stewart "expressed his outrage at the high handed way things are going, particularly the assumption that a single Justice if CJ can . . " Burger replied, "If there is any 'strategy' to reargue this case, I have not heard of it. " After Douglas expressed his concern about Burger's delay, Burger tried again: "I assume you read my brief note as an effort to relieve our pressures with a bit of flippancy. )"27 Burger could not defuse suspicions about his motives so easily.

By using the passive voice and failing to date precisely when authority had been given, Marshall's memorandum satisfied Hoover without pinning the blame on Kennedy. 43 Marshall's appearances as an oral advocate for the United States illustrated most of the strengths and weaknesses of his overall performance as solicitor general. " Often the government's positions were full of compromises and shadings, and Marshall's style was sometimes not well suited to those positions. 44 Marshall argued eighteen cases during his two years as solicitor general, a significantly smaller number than Cox had argued and a somewhat smaller number than average.

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


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