Title: Mr. Justice Black and his critics /
Authors: Yarbrough, Tinsley E., 1941-
Publisher: Duke University Press,
Year: 1988
Subjects: Black, Hugo LaFayette,; Freedom of the press United States History; Freedom of speech United States History; Constitutional history United States
Abstract: Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black, a U.S. Senator from Alabama. Once on the court, he played a leading role in establishing freedom of speech and other guarantees the interpretation he (and others) believed were warranted by the language and intent of the framers. Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. The author analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics and through an assessment of scholarly opinion of his jurisprudence. -- from book jacket.
Contents: 1., The critics: the judicial critics; the scholarly critics -- 2., A constitutional faith: Black's positivism; Black and constitutional theory; Positivist responses to constitutional issues; The nature of Due Process; The desirability and viability of a clause-bound constitution -- 3., The Bill of Rights and the states: Black's incorporation thesis: early history and contours; The Adamson dissent; Post-Adamson refinements; Assessing the critics -- 4., Black's First Amendment: Absolutism: scope, limits, basic premises; The religion clauses -- 5., Black's First Amendment critics: The consistency of Black's position; Black's dichotomies; Black and balancing; Assessing absolutism -- 6., The flexible clauses: Literalism and procedural guarantees; The Fourth Amendment; Equal protection; State action; Congressional power.