Leadership on the Supreme Court of the United States: Chief Justice Burger and the Establishment Clause

1989 ◽  
Vol 42 (4) ◽  
pp. 545 ◽  
Author(s):  
Joseph F. Kobylka
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Establishment Clause ◽  
Chief Justice ◽  
The Supreme Court

Constitutional Law in 1947–48: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1947

1949 ◽  
Vol 43 (2) ◽  
pp. 275-308
Author(s):  
David Fellman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions

There were no changes in the personnel of the Court during the 1947 term. The former Chief Justice, Charles Evans Hughes, Avho had retired from the Court on July 1, 1941, died on August 27, 1948. Justice Hughes had served on the Court from May 2, 1910, to June 10, 1916, and was appointed Chief Justice on February 13,1930, succeeding William Howard Taft. In characteristic fashion, the justices filed during the 1947 term a very large number of dissenting and concurring opinions liberally salted with spirited and often bitter judicial invective.

scholarly journals What Can We Expect of Law and Religion in 2020?

2020 ◽  
Vol 73 (1) ◽  
pp. 73-86
Author(s):  
Leslie C. Griffin
Keyword(s):  
United States ◽  
Supreme Court ◽  
Church And State ◽  
The United States ◽  
Establishment Clause ◽  
Free Exercise ◽  
Free Exercise Clause ◽  
Religious Person ◽  
The Supreme Court ◽  
The Government

The United States is in a religion-friendly mood—or at least its three branches of government are. The Supreme Court is turning away from its Free Exercise Clause analysis that currently holds that every religious person must obey the law. At the same time, the Court is rejecting its old Establishment Clause analysis that the government cannot practice or support religion. The old model of separation of church and state is gone, replaced by an ever-growing unity between church and state. This Article examines how much union of church and state this Court might establish.

The Federal Judicial Conference

1932 ◽  
Vol 26 (3) ◽  
pp. 482-485 ◽  
Author(s):  
Norman J. Padelford
Keyword(s):  
United States ◽  
Supreme Court ◽  
Annual Meeting ◽  
Attorney General ◽  
Legal Profession ◽  
The United States ◽  
Judicial System ◽  
Annual Reports ◽  
Chief Justice ◽  
The Supreme Court

The Conference held its ninth annual meeting in Washington on October 1-3, 1931. Authorized by the Judiciary Act of September 14, 1922, the conference of the senior circuit judges with the Chief Justice of the Supreme Court and the Attorney-General has become an established part of the judicial system of the United States. The reports of these conferences are to be found in the annual reports of the Attorney-General, beginning in 1924. The 1922 and 1923 reports may best be found in the Texas Law Review, Vol. II, pages 445 and 448, and in the Journal of the American Judicature Society, Vol. VIII, pages 85 and 92. In view of the general inaccessibility of the reports of the Attorney-General to the legal profession, it has been suggested that they be published in the Supreme Court Reports. The suggestion has not as yet, however, been adopted.

Decisions of the Supreme Court of the United States on Constitutional Questions: 1914–1917. I

1918 ◽  
Vol 12 (1) ◽  
pp. 17-48 ◽  
Author(s):  
Thomas Reed Powell
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Republican Nomination

In previous issues of this Review Professor Wambaugh and the late Judge McClain have summarized the decisions of the Supreme Court on constitutional questions from 1909 to 1914. It is the purpose of this and a succeeding paper to deal in like manner with the decisions of the last three years. Owing to the number of cases decided during the triennium, the writer must content himself with the rôle of annalist and refrain from assuming that of analyst. For the benefit of those who desire fuller comment or criticism, references are given to articles and notes in various legal periodicals discussing the more important cases.Since the expiration of the October term of 1913, three changes have occurred in the personnel of the bench. Mr. Justice Lurton died July 12, 1914, and his successor, Mr. Justice McReynolds, took his seat October 12, 1914. Illness prevented Mr. Justice Lamar from participating in any of the decisions of the October term of 1915. He died on January 2, 1916. The commission of Mr. Justice Brandeis, who succeeded him, was not recorded until June 5, 1916, so that during the 1915 term only eight justices participated in the work of the court. Mr. Justice Hughes resigned June 10, 1916, to accept the Republican nomination for the presidency, and his successor, Mr. Justice Clarke, took his seat on October 9, 1916. The bench as at present constituted consists of Chief Justice White, appointed associate justice by President Cleveland and chief justice by President Taft; Mr. Justice McKenna, appointed by President McKinley; Justices Holmes and Day, appointed by President Roosevelt; Justices Van Devanter and Pitney, appointed by President Taft; and the three new justices appointed by President Wilson.

Constitutional Law in 1941–1942: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1941

1943 ◽  
Vol 37 (2) ◽  
pp. 263-289
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
New York ◽  
South Carolina ◽  
Supreme Court ◽  
Constitutional Law ◽  
Attorney General ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions

The vacancies on the Supreme Court caused by the retirement of Mr. Justice McReynolds and Chief Justice Hughes were filled by President Roosevelt during the summer of 1941. When the Court convened in October, Mr. Justice Stone, originally appointed by President Coolidge, became Chief Justice. Chief Justice White was the only other associate justice to be promoted to the Chief Justiceship. Senator James F. Byrnes of South Carolina, and Attorney General Robert H. Jackson of New York took their seats as associate justices. Thus seven justices have been placed on the Court by President Roosevelt. Any idea, however, that these Roosevelt appointees conform to any uniform pattern of thought is belied by the fact that in the 75 cases in the 1941 term turning on important questions of either constitutional law or federal statutory construction, there were dissents in 36, and 23 of these dissents were by either three or four justices. No act of Congress has been declared unconstitutional since May, 1936, when the Municipal Bankruptcy Act was held invalid. Since 1937, the Court has overruled 20 previous decisions, mentioning them by name, while it has modified or qualified a number of others.

John Marshall and Treaty Law

1956 ◽  
Vol 50 (1) ◽  
pp. 69-80 ◽  
Author(s):  
Edward Dumbauld
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Law ◽  
The United States ◽  
Current Interest ◽  
Chief Justice ◽  
The Supreme Court ◽  
Treaty Law ◽  
John Marshall

The enduring value of Chief Justice John Marshall’s contributions to international law is shown by the fact that during the bicentennial year of his birth the Supreme Court of the United States has had occasion in the course of current litigation to apply principles set forth in well-known decisions rendered by Marshall more than a century ago. Likewise there is timeliness, in view of current interest in “treaty law,” in Marshall’s pronouncements on that topic.

Constitutional Law in 1946–47: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1946

1948 ◽  
Vol 42 (3) ◽  
pp. 469-485
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions

Fred M. Vinson took his seat as Chief Justice of the United States at the beginning of the 1946 term; there were no other changes in the personnel of the Court. Mr. Justice Jackson returned to the bench after his year's absence in Nuremberg. Continuing disagreement among the justices was shown by the fact that in twenty-three cases four justices dissented, and in twenty-four cases three dissented. The number of concurring opinions filed remained high.

The Workload of the Supreme Court: A Comment on the Freund Report

1976 ◽  
Vol 10 (2) ◽  
pp. 215-239 ◽  
Author(s):  
Richard Hodder-Williams
Keyword(s):  
United States ◽  
Civil War ◽  
Supreme Court ◽  
The United States ◽  
District Courts ◽  
Discretionary Power ◽  
Chief Justice ◽  
The Supreme Court ◽  
Major Reform ◽  
Circuit Courts

Belief that the Supreme Court is overburdened is not new. In the years after the Civil War, the expansion of the United States, both territorially and economically, enlarged the work of the Justices enormously, for not only did the number of cases on which they were required to pass judgement increase but the miles they had to travel within their own circuits also multiplied hugely. In 1891 the Circuit Courts of Appeal Act was passed, establishing intermediate courts between the District Courts, product of the original 1789 Judiciary Act, and the Supreme Court itself. Whereas in 1890 before the Act was passed 623 new cases were filed, in the 1892 Term only 275 were, and the Court was soon able to reduce its backlog. Nevertheless the number began once again to drift upwards so that by 1923 nearly 750 appeals and petitions for certiorari, on most of which the Justices were obliged to pronounce, reached the Supreme Court. Following intense lobbying by Howard Taft, at that time Chief Justice, a major reform took place in 1925 which allowed the Court discretionary power over virtually all its docket.

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