Most members of the Supreme Court rejected both of these views; Black's interpretation did attract the support of Justice Douglas. Graves , to fill Black's vacated seat. Vitale , which declared it unconstitutional for states to require the recitation of official prayers in public schools. Kraemer , which invalidated the judicial enforcement of racially restrictive covenants. Its provisions may be thought outdated abstractions by some. I do not believe that any federal agencies, including Congress and the Court, have power or authority to subordinate speech and press to what they think are 'more important interests. Black's majority opinion in McCollum v. Mitchell , he delivered the opinion of the court holding that the federal government was not entitled to set the voting age for state elections. At the same time, Black did not believe that the equal protection clause made poll taxes unconstitutional.
Pursuant to Justice Black's wishes, the coffin was "simple and cheap" and was displayed at the service to show that the costs of burial are not reflective of the worth of the human whose remains were present. He was not done with public service; in , he began a four-year term as the Jefferson County Prosecuting Attorney. I would follow what I believe was the original intention of the Fourteenth Amendment—to extend to all the people the complete protection of the Bill of Rights. Douds , the Court upheld a law that required labor union officials to forswear membership in the Communist Party. Black vigorously defended the "plain meaning" of the Constitution, rooted in the ideas of its era, and emphasized the supremacy of the legislature; for Black, the role of the Supreme Court was limited and constitutionally prescribed. He dissented from Katz v. The Constitution makers knew the need for change, and provided for it. Thus, he concluded that telephone conversations were not within the scope of the amendment, and that warrantless wiretapping was consequently permissible. While the text of the constitution was an absolute limitation on the authority of judges in constitutional matters, within the confines of the text judges had a broad and unqualified mandate to enforce constitutional provisions, regardless of current public sentiment, or the feelings of the justices themselves. Black once said he was "vigorously opposed to efforts to extend the First Amendment's freedom of speech beyond speech," to conduct. Whereas Black voted with the majority under strict construction to uphold the state constitutional provision, his colleagues Douglas and Fortas dissented. That method of change was good for our Fathers, and, being somewhat old-fashioned, I must add it is good enough for me. In his dissent to In re Winship , he analyzed the history of the term "due process of law", and concluded: The decision is an example of Black's belief in the limited role of the judiciary; he validated the legislative and executive actions that led to internment, saying "it is unnecessary for us to appraise the possible reasons which might have prompted the order to be used in the form it was. Black was criticized for his presumed bigotry, his cultural roots, and his Klan membership, when that became public. Jurisprudence[ edit ] Hugo Black is often described as a " textualist " or " strict constructionist. United States , he voted to allow newspapers to publish the Pentagon Papers despite the Nixon Administration 's contention that publication would have security implications. He criticized the Court for exceeding its "limited power to interpret the original meaning of the Equal Protection Clause" and for "giving that clause a new meaning which it believes represents a better governmental policy. Jackson as a result of Jewell Ridge Coal Corp. Relationship with other justices[ edit ] Black was involved in a bitter controversy with Justice Robert H. Vinson for the position. The majority opinion stated, "Aliens as a class are a prime example of a 'discrete and insular minority' for whom such heightened judicial solicitude is appropriate. Graves , to fill Black's vacated seat. Instead, he argued that courts should limit themselves to a strict analysis of the actual text of the Constitution. Black believed that the equal protection clause could not be introduced as a means to invalidate state action, unless that action involved racial discrimination, discrimination against aliens, or the one-man, one-vote principle. By tradition, a senator nominated for an executive or judicial office was confirmed immediately and without debate. Black wrote the court's majority opinion in Korematsu v.
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