Truman's Court: A Study in Judicial Restraint

Truman's Court: A Study in Judicial Restraint

by Frances Rudko
Truman's Court: A Study in Judicial Restraint

Truman's Court: A Study in Judicial Restraint

by Frances Rudko

Hardcover

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Overview

A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analysis of the four men's opinions in criminal procedure, loyalty-security, racial discrimination, and alien rights cases show that Truman was far more successful than most presidents in choosing justices whose view of the judicial role matched his own. Choice

Much of the debate surrounding the Supreme Court can be traced to the notion that the Court is primarily a political rather than a judicial institution. When the Court is viewed from an ideological standpoint, it becomes tempting, for example, to equate judicial restraint with conservatism, and activism with a liberal political perspective. In her study of the Truman Court, Rudko demonstrates the fallacy of the political approach. Focusing of the record of President Truman's four liberal appointees, she looks at the judicial philosophy underlying important decisions involving the rights of individuals and shows how judicial issues—especially the balance between restraint and activism—have determined the decision-making process.


Product Details

ISBN-13: 9780313263163
Publisher: Bloomsbury Academic
Publication date: 09/28/1988
Series: Contributions in Legal Studies , #45
Pages: 186
Product dimensions: 6.14(w) x 9.21(h) x 0.50(d)
Lexile: 1680L (what's this?)

About the Author

FRANCES HOWELL RUDKO, an attorney in private practice for 15 years, was recently appointed to the position of Law Clerk to Chief Judge Franklin Waters, Western District Federal Court of Arkansas.

Table of Contents

Judicial Restraint versus Judicial Activism
The Truman Legacy
Burton's Tenure on the Court
Vinson's Tenure on the Court
Clark's Tenure on the Court
Minton's Tenure on the Court
Bibliography
Index

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