沃伦法院与美国议席分配制度改革

20世纪 6 0年代 ,在种族隔离的樊篱被厄尔·沃伦领导下的联邦最高法院铲除后 ,议席分配不公正便成为当时美国宪政中最大的政治问题。它不仅加剧了城市问题的恶化和城乡之间的矛盾冲突 ,而且也极大地侵犯了公民的平等宪法权利 ,成为诱发美国社会动荡的一大潜在的威胁。根据美国的宪政传统 ,议席分配属州议会和联邦国会的管辖范围 ,但由于两级立法机关都为乡村保守势力所控制 ,因此 ,依靠立法机关改革不公正的议席分配制度步履维艰。然而 ,在沃伦法院司法自由主义的直接推动下 ,美国社会掀起了一场席卷全国的“议席分配革命” ,在数年内一举完…     

Public Diplomacy in the U.S. Supreme Court: The Warren Years—Part I

The Prime Minister of the Republic of India, Jawaharlal Nehru, and his daughter, Mrs. Indira Gandhi, wandered down the hallway adorned with portraits of Justices in the U.S. Supreme Court building before entering the East Conference Room. There, they were warmly greeted by Chief Justice Earl Warren and his wife, Nina, who had been the Prime Minister's guests in New Delhi only four months earlier. In Washington, Nehru was the special guest of the Warrens, the first ruling head of state to be honored with a formal dinner at the Supreme Court. In attendance were a small but powerful delegation of Indian diplomats and most of the Justices and their wives. In the crisp evening of December 16, 1956, the temperature had dropped to 39 degrees, and the Prime Minister wore a black achkan, the South Asian coat that Americans came to call “a Nehru jacket,” adorned with his trademark red rose in the breast pocket and a white Congress cap. The Indian ladies dressed in striking saris, while the Western women wore long formal gowns.     

A New Right to Property: Civil War Confiscation in the Reconstruction Supreme Court

During the Civil War, both the Union Congress and the Confederate Congress put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. Meeting in special session in August 1861, the U.S. Congress passed the First Confiscation Act, authorizing the federal government to seize the property of those participating directly in the rebellion. ¹ The Confederate Congress retaliated on August 30, 1861, passing the Sequestration Act. ² This law authorized the Confederate government to forever seize the real and personal property of "alien enemies," a term that included every U.S. citizen and all those living in the Confederacy who remained loyal to the Union.     

The Supreme Court Argument that Saved the Union: Richard Henry Dana, Jr., and the Prize Cases

On January 1, 1863, Abraham Lincoln signed the Emancipation Proclamation, claiming constitutional authority to do so “as a fit and necessary war measure.” The epic struggle between North and South had been raging for nearly two years. There were over a million soldiers under arms. At Antietam there had been more than 20,000 casualties in the bloodiest single day of battle in American history. ¹ But was it, in point of law, a war?     

High Court Review 2001: Politics,Legalism and the Gleeson Court

This article provides a general political review of recent High Court decisions that have significant implications for Australian constitutionalism. In examining the Court's judgments on issues such as cross-vesting schemes, immigration and Native Title, it seeks to articulate major themes in the Court's jurisprudence and delineate the important and changing role of the High Court in Australian politics. The article is the first in what this journal intends to be an annual review of the High Court from a political-science perspective.     

Joining the Court: Pierce Butler

In a four‐year span beginning in the summer of 1921, five new members took their seats on the Supreme Court, and three of those men—the middle three—arrived on the Bench within four months of each other. The first of the five was William Howard Taft, who, upon the death of Edward Douglass White, was named Chief Justice of the United States by President Warren G. Harding. Minnesota corporate lawyer Pierce Butler wrote Taft a genial letter, extending his congratulations and best wishes. “I felicitate you because it is an honor to any man to be chosen to that, the most exalted position in the world, and because no one who is qualified to discharge the duties of the office can fail to rejoice in attaining it. But the country is to be congratulated much more than you are.” ¹     

Here Lies the Supreme Court: Revisited

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