Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
The Supreme Court: Viable Fallibilism Or Fatal Infallibility, Bernard Goodwin
The Supreme Court: Viable Fallibilism Or Fatal Infallibility, Bernard Goodwin
Vanderbilt Law Review
The recent growth in the importance and apparent power of the Supreme Court has been one result of our rapidly changing twentieth century society. In the social ferment of the last two decades, the Court, more than Congress, has expressed the conscience and intellectual consensus of American culture. Speaking as a practicing attorney and concerned citizen, the author of this article does not criticize the Court for stepping into this gap in our governmental structure, but he feels that the possibility of increased activism on the part of the Court indicates a serious breakdown in governmental checks and balances and …
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
Vanderbilt Law Review
Between 1900 and 1968, the Senate had refused to confirm an appointee to the Supreme Court on only one occasion. Then, within a two year period, the Senate twice refused to confirm an appointment: Associate Justice Abe Fortas, nominated as Chief Justice in 1968, was never acted upon because of a Senate filibuster,and his name was withdrawn; and Judge Clement Haynsworth, whose nomination provoked a great deal of debate and controversy, was ultimately rejected by the Senate by a vote of 55 to 45. These two incidents marked a distinct change from the traditional custom of Senatorial acquiescence to Presidential …