The Vinson Court ABC-CLIO SUPREME COURT HANDBOOKS The Burger Court, Tinsley E. Yarbrough The Fuller Court,James W. Ely, Jr. The Hughes Court,Michael E. Parrish The Stone Court,Peter G. Renstrom The Taft Court,Peter G. Renstrom The Taney Court,Timothy S. Huebner The Vinson Court,Michal R. Belknap The Waite Court,Donald Grier Stephenson, Jr. The Warren Court, Melvin I. Urofsky The White Court,Rebecca S. Shoemaker Forthcoming: The Chase Court,Jonathan Lurie The Jay/Ellsworth Court,Matthew P. Harrington The Marshall Court,Robert L. Clinton The Rehnquist Court,Thomas R. Hensley Peter G. Renstrom, Series Editor ABC-CLIO SUPREME COURT HANDBOOKS The Vinson Court Justices, Rulings, and Legacy Michal R. Belknap ABC-CLIO Santa Barbara, California • Denver, Colorado • Oxford, England Copyright © 2004 by Michal R. Belknap All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechani- cal, photocopying, recording, or otherwise, except for the inclusion of brief quota- tions in a review, without prior permission in writing from the publishers. Library of Congress Cataloging-in-Publication Data Belknap, Michal R. The Vinson Court: justices, rulings, and legacy / Michal R. Belknap. p. cm. — (ABC-CLIOSupreme Court handbooks) Includes bibliographical references and index. ISBN 1-57607-201-0 (hardcopy: alk. paper) ISBN1-85109-542-X (e-book) 1. Vinson, Fred M., 1890–1953. 2. United States. Supreme Court —History—20th century. 3. Constitutional history—United States. I. Title. II. Series KF8742.B43 2004 342.7302'9—dc22 2004011690 08 07 06 05 04 10 9 8 7 6 5 4 3 2 1 This book is also available on the World Wide Web as an e-book. Visit abc-clio.com for details. ABC-CLIO, Inc. 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper ∞. Manufactured in the United States of America Contents Series Foreword, ix Preface, xi PART ONE Justices, Rulings, and Legacy, 1 1 The Vinson Court and the Period, 3 Truman Succeeds Roosevelt, 4 Ending the War, 5 The United Nations, 6 Reconversion, 7 The Cold War Begins, 8 The Fair Deal and the 80th Congress, 9 The 1948 Election, 14 Foreign Policy, the Truman Doctrine, and the Marshall Plan, 16 The Korean War, 19 The Communist Issue, 20 The Steel Seizure Case, 23 The 1952 Election, 24 Assembling the Vinson Court, 25 References and Further Reading, 32 2 The Justices, 35 Frederick Moore Vinson, 36 Hugo Lafayette Black, 44 Stanley Forman Reed, 49 Felix Frankfurter, 53 William Orville Douglas, 60 v vi Contents Frank Murphy, 66 Robert Houghwout Jackson, 69 Wiley Blount Rutledge, 73 Harold Hitz Burton, 77 Tom Campbell Clark, 80 Sherman Minton, 83 Conclusion, 86 References and Further Reading, 87 3 Major Decisions, 89 Aftermath of World War II, 90 Presidential Power, 93 The Rosenberg Case, 98 Loyalty of Government Employees, 102 The Communist Issue and Free Speech, 105 Local Government Restrictions on Speech, 111 Group Libel, 115 The First Amendment and Picketing, 116 The Vinson Court and Labor Rights, 118 Incorporation, 127 Free Exercise of Religion, 128 Establishment of Religion, 130 Adamson v. California and the Incorporation Debate, 136 Due Process Rights, 140 The Fourth Amendment, 142 Equal Protection Cases, 148 Conclusion, 158 References and Further Reading, 159 4 Legacy and Impact, 161 The Transformation of the Court, 162 Equal Protection, 164 Freedom of Speech, 166 Internal Security, 170 Freedom of Religion, 172 Incorporation, 175 Rights of the Accused, 176 The Fourth Amendment: Search Warrants, 178 The Fourth Amendment: Wiretapping, 179 vii Contents The Exclusionary Rule, 180 The Sixth Amendment: The Right to Counsel, 181 The Fifth Amendment: The Privilege against Self-Incrimination, 182 Criminal Procedure in the Burger and Rehnquist Courts, 185 Apportionment, 186 The Steel Seizure Case, 191 Conclusion, 192 References and Further Reading, 193 PART TWO Reference Materials, 195 Key People, Laws, and Events, 197 Chronology, 231 Table of Cases, 239 Glossary, 245 Annotated Bibliography, 259 Index, 275 Series Foreword T here is an extensive literature on the U.S. Supreme Court, but it contains dis- cussion familiar largely to the academic community and the legal profession. The ABC-CLIO Supreme Court series is designed to have value to the aca- demic and legal communities also, but each volume is intended as well for the general reader who does not possess an extensive background on the Court or American con- stitutional law. The series is intended to effectively represent each of fourteen periods in the history of the Supreme Court with each of these fourteen eras defined by the chief justice, beginning with John Jay in 1789. Each Court confronted constitutional and statutory questions that were of major importance to and influenced by the his- torical period. The Court’s decisions were also influenced by the values of each of the individual justices sitting at the time. The issues, the historical period, the justices, and the Courts’ decisions in the most significant cases will be examined in the volumes of this series. ABC-CLIO’s Supreme Court series provides scholarly examinations of the Court as it functioned in different historical periods and with different justices. Each volume contains information necessary to understand each particular Court and an interpre- tative analysis by the author of each Court’s record and legacy. In addition to repre- senting the major decisions of each Court, institutional linkages are examined as well—the political connections among the Court, Congress, and the executive branch. These relationships are important for several reasons. Although the Supreme Court retains some institutional autonomy, all the Court’s justices are selected by a process that involves the other two branches. Many of the significant decisions of the Court involve the review of actions of Congress or the president. In addition, the Court fre- quently depends on the other two branches to secure compliance with its rulings. The authors for the volumes in this series were selected with great care. Each author has worked extensively with the Court, the period, and the personalities about which he or she has written. ABC-CLIO wanted each of the volumes to examine sev- eral common themes, and each author agreed to work within certain guidelines. Each author was free, however, to develop the content of each volume, and many of the vol- umes advance new or distinctive conclusions about the Court under examination. ix x Series Foreword Each volume contains four substantive chapters. The first chapter introduces the Court and the historical period in which it served. The second chapter examines each of the justices who sat on the particular Court. The third chapter represents the most significant decisions rendered by the particular Court. Among other things, the impact of the historical period and the value orientations of the individual justices are devel- oped. A fourth and final chapter addresses the impact of each particular Court on American constitutional law—its doctrinal legacy. Each volume contains several features designed to make it more valuable to those whose previous exposure to the Supreme Court and American constitutional law is limited. Each volume has a reference section that contains brief entries on some of the people, statutes, events, and concepts introduced in the four substantive chap- ters. Entries in this section are arranged alphabetically. Each volume also contains a glossary of selected legal terms used in the text. Following each of the four chapters, a list of sources used in the chapter and suggestions for further reading appears. Each volume also has a comprehensive annotated bibliography. A listing of Internet sources is presented at the end of the bibliography. Finally, there is a comprehensive subject index and a list of cases (with citation numbers) discussed in each volume. ABC-CLIO is delighted with the quality of scholarship represented in each volume and is proud to offer this series to the reading public. Permit me to conclude with a personal note. This project has been an extraordi- narily rewarding undertaking for me as series editor. Misgivings about serving in this capacity were plentiful at the outset of the project. After tending to some administra- tive business pertaining to the series, securing authors for each volume was the first major task. I developed a list of possible authors after reviewing previous work and obtaining valuable counsel from several recognized experts in American constitu- tional history. In virtually every instance, the first person on my list agreed to partici- pate in the project. The high quality of the series was assured and enhanced as each author signed on. I could not have been more pleased. My interactions with each author have been most pleasant, and the excellence of their work will be immediately apparent to the reader. I sincerely thank each author. Finally, a word about ABC-CLIO and its staff. ABC-CLIO was enthusiastic about the project from the beginning and has done everything necessary to make this series successful. I am very appreciative of the level of support I have received from ABC- CLIO. Alicia Merritt, senior acquisitions editor, deserves special recognition. She has held my hand throughout the project. She has facilitated making this project a reality in every conceivable way. She has encouraged me from the beginning, provided invalu- able counsel, and given me latitude to operate as I wished while keeping me on track at the same time. This project would not have gotten off the ground without Alicia, and I cannot thank her enough. —Peter G. Renstrom
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