Tuesday, February 21, 2012

'Five Chiefs'
by John Paul Stevens
Little, Brown and Company
Copyright 2011 by John Paul Stevens
First Edition: October 2011


Free Speech - Liberty - Due Process of Law Issues


Quotes From Pages 30-31:

"...It was during Taft's tenure tht Justice James McReynolds often considered a reationary, wrote two important opinions broadly interpreting the term liberty as used in the Fourteenth Amendment. In Meyer v. Nebraska (1923), the Court overturned Robert Meyer's conviction for teaching the German Language to high school students.  In Pierce v. Society of Sisters (1925), the  Court sustained a challenge by parochial and private schools to an Oregon statute requiring children to attend public schools. In both cases, the Court held that the state laws in question were invalid as they were deprivations of liberty protected by the due process clauses of the Fourteenth Amendment.      
     Justice Brandeis built on these and other similar decision involving the meaning of the word liberty in his concurrence in a 1927 free-speech case known as Whitney v. California. It was his reasoning concerning the existence and importance of the substantive content of the due process clause that qualifies his opinion as the most significant one released during Taft's tenure as Chief Justice.  I shall quote an excerpt:
    
     'Despite arguments to the contrary which had seemed to me persuasive, it is settled that the due process clause of the Fourteenth Amendment applies to matters of sustantive law as well as to matters of procedure. Thus all fundamental rights comprised within the term liberty are protected by the Federal Constitution from invasion by the States. The right of free speech, the right to teach and the right of assembly are, of course, fundamental rights....These may not be denied or abridged....Those who won our independence believed that the final end of the State was to make men free to develop their faculties: and that in its government the deliverative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to the the secret of liberty.'..."

End of Quote on Page 31

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Quote From Page 114
'Five Chiefs'
by John Paul Stevens
Little, Brown and Company
Copyright 2011 by John Paul Stevens
First Edition: October 2011


                                
No Privacy Rights For President/Government

  
US Justice  "Burger's opinion for the Court in the United States v. Nixon (1974) required President Nixon to produce the tape recordings that eventually led to his resignation. The decision not only had a historic effect on American Politics and society but also powerfully illustrated the integrity and independence of the Court. It may well have done more to inspire the confidence in the work of judges that is the true backbone of the rule of law than any other decision in the history of the Court."

End of Quote on Page 114

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Quote From Page 106
'Five Chiefs'
by John Paul Stevens
Little, Brown and Company
Copyright 2011 by John Paul Stevens
First Edition: October 2011
http://www.hachettebookgroup.com/


Contraceptives Are Legal Despite State Statute, Overturned - Privacy-Personal Safety-Self Regulation/Self Restraint-Liberty Issues



     US Justice  "Earl Warren did not write an opinion in one of the most important cases decided during his tenure as chief justice - Griswold v. Connecticut (1965) - the case challenging the constitutionality of a Connecticut statute making the use of contraceptives a criminal offense. He must, however, accept responsibility for assigning the majority opinion to Justice Douglas, who unfortunately, crafted an imaginative rationale for reaching an obviously correct result. Seven justices agreed that the statute was unconstitutional, and in the fist paragraph of his disent Justice Black states that "the law is every bit as offensive to me as it is to my Brethren."
     In their separate opinions concurring in the judgment, Justice Harlan and Justice White simply and correctly reasoned that the statute deprived married couples of liberty, as that concept has been used in the Fourteenth Amendment, without due process of law.  The both recognized that that term does not just describe a concept that is the mirror image of the specific guarantees set forth  in the first eight amendments to the Constitution, which are often described as the "Bill of Rights." Rather, as Justice Harlan put it, the "Due Process Clause of the Fourteenth Amendment stands, in my opinion, on its own bottom."


 [Note: Contrary to US Justice Stevens-US Supreme Court, All Amendments to the Constitution are referred to as the Bill of Rights in Lay persons'-media explanation by silviastagg]


End of Quote on Page 106


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Quote From Page 68
'Five Chiefs'
by John Paul Stevens
Little, Brown and Company
Copyright 2011 by John Paul Stevens
First Edition: October 2011
http://www.hachettebookgroup.com/


US Supreme Court Rightfully Overturned Previous Cases Regarding Legal Rights of Convicts-Terrorists Mandating Due Process of Law For Detainees:



On US Justice Rutledge: "The cases in which Rutledge dissented that troubled me the most were Bute v. Ilinois (1948), holding that Illinois did not have to appoint counsel for a defendant charged with a felong carrying a twenty-year sentence, and Ahrens v. Clark (1948), holding that enemy aliends did not have access to the writ of habeas corpus because they were being detained on Ellis Island rather than in the District of Columbia, where their custodian-the attorney general-was located. Happily, both of those cases have since been overruled. Indeed, in a recent narcotic-possession case, the Court held that even an lien's right to counsel may be violated by a layer's incorrect advice that his guilty plea would nto lead to his deportation. And rejection of the narrow reading of the habeas corpus statute played a critical role in the Court's conclusion that the writ was available to detainees in Guantanamo.  Even terrorists allegedly sharing responsibility for the attack on the World Trade Center on September 11-2001, may seek judicial review of the basis for their detention."

End of Quote on Page 68

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Quote From Page 62-63
'Five Chiefs'
by John Paul Stevens
Little, Brown and Company
Copyright 2011 by John Paul Stevens
First Edition: October 2011


Article II of US Constitution Limits Presidential Powers During War 


       "...That deference (by US Justice Vinson for President Truman) may have influenced Vinson's vote in the landmark case of Youngstown Sheet & Tube Co. v. Sawyer (1952).   That case arose
during the Korean War, when defense contractors needed massive amounts of steel. Concerned that an impending strike would disrupt the steel supply, Truman seized control of the mills. The steel companies sued, challenging the constitutionality of the seizure, and the Court held, by a vote of six to three, that the executive power vested in the president by Article II of the Constitution did not authorize his seizure of privately owned steel mills, despite the existence of a national emergency. The fact that two Truman appointees-Justices Burton and Clark-joined the Court's judgment exemplifies the Independence of the Federal Judiciary..."               


End of Quote on Page  62-63


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Quote From Page 148-149
'Five Chiefs'
by John Paul Stevens
Little, Brown and Company
Copyright 2011 by John Paul Stevens
First Edition: October 2011


Deadline For Presidential Candidate In Ohio late Filing Overturned Due To Public/Constituent's Interests



     "In 1983" US Justice "Burger made two significant contributions to First Amendment Law.  In that year, John Anderson ran as an Independent Candidate for President and challenged the constitutionality of an Ohio statute that required him to meet a March filing date in order to have his name on the ballot.  The Chief (US Justice) provided the critical fifth vote backing my opinion in Anderson v. Celebrezze (1983) giving greater weight to the associational rights of his supporters than to the interests in protecting the two-party system from competition."



End of Quote on Page 148-149
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Quote From Page 150
'Five Chiefs'
by John Paul Stevens
Little, Brown and Company
Copyright 2011 by John Paul Stevens
First Edition: October 2011



Recent Second Amendment Protection Upheld



    "The Court's (...) decision in District of Columbia v. Heller (2008), in which the Court held that the Second Amendment protects the rights of individuals to keep handgun in the home."




End of Quote From Page 150




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