Supreme Court Justice Earl Warren

Date: May 13, 2013 Author: Grant Comments: Leave a reply

Chief Justice Earl Warren

Recently I was asked to “choose the Supreme Court Justice who initiated the most change in U.S. Constitutional doctrine and who left the largest impression on the American people.” Let me tell you, choosing just one justice was no easy task. The following is an excerpt from a paper that I wrote that briefly explains why I believe that Supreme Court Justice Earl Warren is the best answer to this question.

If one looks at the history of this country, it is broken down by three major events. 1)The birth of America came after the Revolutionary War, which led to the forming of a new government; 2) then the South seceded from the Union leading to the American Civil War, which in turn led to the freedom of slaves and the passing of the Thirteenth, Fourteenth, and Fifteen Amendments, as a result it pushed a reunited America into the Reconstruction Era; and lastly, 3) the National Civil Rights Movement gathered steam in the mid-to-late 1950s, ushering in the nation’s hope to truly ensure, as the Declaration of Independence puts it, that “all men are created equal.“

While it is certainly noticeable that the first two events were wars, which led to the destruction of several major cities and the death of thousands, the third event was predominately peaceful. Could it be that cooler heads prevailed, or was it that great men helped ensure that the National Civil Rights Movement was a success? Often civil rights activist such as Martin Luther King, Jr. and Rosa Parks, and politicians such as President Lyndon B. Johnson and Robert Kennedy steal the spotlight for their parts in this time period of turmoil and social change, yet the branch of the government that continually looks out for the minority is overlooked. How quickly we forget that the Judicial branch was established to protect vulnerable minorities against the tyranny of the majority. That being said, the efforts of Chief Justice Earl Warren, during this era of dramatic social and economic change, makes him—in my opinion—the Supreme Court justice who made the largest impact on U.S. Constitutional doctrine.

Warren Court (1953)

Now, it should go without saying that the Supreme Court is made up of nine members, so Chief Justice Warren hardly carried the entire load by himself. There is no doubt that as a legal scholar, Justices Hugo Black, Felix Frankfurter, and William Brennan surpassed Warren by leaps and bounds. However, first and foremost a politician, Chief Justice Warren had leadership skills that allowed him to bend the Supreme Court to his will. Examples of this shine through in all of the segregation cases that came before the Court. In every case regarding segregation, Warren was able to procure a unanimous vote. In Brown v. Board of Education (1954), Warren worked with all of the justices until his opinion was endorsed by each justice of the Court. This unified front was needed to fully support the desegregation of school in America and to bring an end to Plessy v. Ferguson (1896).

After the success of Brown v. Board of Education, the court shifted its focus from property rights to individual rights. Over the next decade, the Warren Court would work closely with criminal proceedings to ensure fairness across the board. In 1961, in Mapp v. Ohio, the Court refused to allow evidence that was seized in an illegal search. In 1963 the Court would decide for two landmark cases—Griswold v. Connecticut and Gideon v. Wainwright. In Griswold v. Connecticut, the Court held that Connecticut’s law prohibiting the use of contraceptives violated the right to marital privacy, and it was unconstitutional. In Gideon v. Wainwright, the Court unanimously held that state courts were required to provide counsel in criminal cases in which the defendant was unable to afford their own.

While the Court did look out for the rights of the individual, not all criminal cases which reached the Court were in favor of the defendant. In Terry v. Ohio (1968), the police were extended the power, by the Court, to stop and frisk individuals which were believed to be carrying weapons.

Of course, not all of the Warren Court decisions were appreciated. Engel v. Vitale (1962) enraged a large portion of the country, and decades later this decisions is still frowned upon. In Engel v. Vitale, the Court outlawed the mandatory school prayer laws in place, in the state of New York. The following prayer landed this case in Supreme Court: “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.” This case would open the floodgates to a slew of First Amendment cases.

In Melvin Urofksy’s A March of Liberty: A Constitutional History of the United States, Urofsky states that “the Warren Court produced a string of great cases matched by no other court in our history, not even that of John Marshall” (Urofsky 920). It would appear that this is true not just for the length of time that Warren was Chief Justice, because even though he retired from the Court in 1969, the Warren Court—in essence—remained in place in 1986, until the appointment of William Rehnquist as Chief Justice.

American Civil War Nicknames

Date: May 6, 2013 Author: Grant Comments: 4 Replies

I started a new series on the site based on the book 1,001 Things Everyone Should Know About American History, by historian John Garraty. If you haven’t already, check out the first post in the series–His Accidency. Facts number 61-72 are Civil War nicknames. The list is as follows:

#61 Honest Abe
#62 Father Abraham
#63 Unconditional Surrender
#64 Stonewall
#65 Little Phil
#66 Beast
#67 Fighting Joe
#68 Slow Trot
#69 Rock of Chickamauga
#70 Young Napoleon
#71 Napoleon in Gray
#72 Copperheads

Some of these nicknames are well-known and will come as no surprise to you.

“Honest Abe” and “Father Abraham” are both nicknames for President Abraham Lincoln. Abraham Lincoln became known for his honesty long before he became a politician. While there are numerous tales as to how he received the nickname of Honest Abe, Father Abraham is more interesting to me. Not that the nickname Father Abraham in and of itself is interesting, but the meaning behind it. Also, the fact that the book mentions the name, but offers up no explanation seems strange. (Pictured right)

As best as I can tell, Lincoln received this nickname because he led the nation as Abraham led his nation in the Bible. I find it odd because it is well know that Abraham (from the Bible) had hundreds of slaves. As an owner of slaves, purchased with his own money, I would think it unwise to nickname President Lincoln after this man.

“Unconditional Surrender” was the nickname of Union General Ulysses S. Grant. This nickname originated when he sent word to Confederate General Simon Bolivar Buckner that ”no terms except an unconditional and immediate surrender can be accepted. I propose to move immediately upon your works.” As the Battle of Fort Donelson, which ended on February 16, 1862, was one of the Union’s first victories, word of it spread quickly and the U.S. in General U.S. Grant quickly became known as Unconditional Surrender.

“Stonewall” was the nickname of Confederate General Thomas J. Jackson. I had always heard that Stonewall Jackson received his nickname because he and his troops offered up a tough defensive barrier, stonewalling the Union troops. However, I am now finding out that there could possibly have been two meanings to the nickname “Stonewall.” The popular version which is a good nickname and flaunts General Jackson’s abilities, and the second is to assume that General Jackson was of no help–that Jackson was merely ”standing there like a stone wall!”

“Little Phil” was the nickname given to Union General Philip H. Sheridan. No story here–General Philip Sheridan was really just a little guy, only 5 feet 5 inches tall. He was described by Abraham Lincoln as “a brown, chunky little chap, with a long body, short legs, not enough neck to hang him, and such long arms that if his ankles itch he can scratch them without stooping.”

“Beast” was the nickname given to Union General Benjamin F. Butler. This nickname was not one gained for heroism on the battlefield, but for the proclamation he passed while acting military governor and commander of the city of New Orleans. It was here that he issued Order 28 which gave soldiers the right to treat women like prostitutes. Men and women of the South were so insulted that they started calling General Butler “Beast.”

“As the officers and soldiers of the United States have been subject to repeated insults from the women (calling themselves ladies) of New Orleans in return for the most scrupulous non-interference and courtesy on our part, it is ordered that hereafter when any female shall by word, gesture, or movement insult or show contempt for any officer or soldier of the United States she shall be regarded and held liable to be treated as a woman of the town plying her avocation.”

Order #28 – Maj. Gen. Benjamin Butler, May 15, 1862

“Fighting Joe” was the nickname given to Union General Joseph Hooker. I hardly see why this nickname is worth mention. General Hooker received this nickname not for any action, but purely on the fact that the New York Courier and Enquirer made a typo and instead of reading an incoming transmission as “Fighting–Joe Hooker Attacks Rebels” it was relayed as “Fighting Joe Hooker Attacks Rebels.” He was never very fond of the nickname and hardly deserved it.

General George Thomas

“Slow Trot” and “Rock of Chickamauga” are both nicknames for Union General George H. Thomas. General Thomas received the nickname “Slow Trot” because of the speed with which he organized for battle. He was an excellent tactician; however, for the troops it was a slow and careful process that took entirely too long. General Thomas received the nickname ”Rock of Chickamauga” due to his ability to endure the onslaught which the Confederacy unleashed at the Battle of Chickamauga. While the battle ended in a victory for the Confederacy, General Thomas and his men stood their ground much longer than were expected of them.

“Young Napoleon” was the nickname given to Union General George B. McClellan. Where all the above mentioned nicknames were given in a loving manner, or out of fear, “Young Napoleon” was not. It was thought that General McClellan resembles Napoleon Bonaparte, not only in physical appearance, but in his inflated sense of self-worth and importance. Funny, even today calling someone Napoleon is no compliment.

“Napoleon in Gray” is not very original in its origin. Confederate General Pierre G. T. Beauregard was both of French descent and very skilled in planning and executing military tactics, as was Napoleon Bonaparte. Seeing that General Beauregard fought for the Confederacy and had gray uniforms…you get the picture.

Lastly, the “Copperheads” were Northern Democrats that opposed the Civil War and wanted to end it. Whether the issue of slavery was decided, let alone ended, was of no concern. This group was very concentrated in some areas and were against President Lincoln. The Copperheads were an interesting political group that was most famous for their use of the press. For more on that check out A Nasty Bite from a Civil War Copperhead.

From Isolation to Integration: A History of Mexico (Guest Post)

Date: May 4, 2013 Author: Guest Post Comments: Leave a reply

From Isolation to Integration: A History of Mexico

Until the Spanish invasion of 1519, the region that is now Mexico was largely isolated from much of the rest of the globe. The area was part of Mesoamerica, a geographic region populated by multiple indigenous peoples who shared similar cultural traits. Mesoamerica extended from Mexico down into Central America. Over the centuries, the land that became Mexico had been home to a variety of civilizations and cultures including the Maya, Olmec, Toltec, Aztec, Zapotec, and Mixtec. While this area had evolved without any influence from outside the Americas, much of the rest of the world had already become tightly connected by trade routes and colonization into a complex political and economic system.

Spanish Conquest

When Spanish conquistador Hernando Cortes first stepped foot on the Yucatan Peninsula in 1519, it was the beginning of the end for the region’s existing way of life. The Spanish quickly recognized the economic value the area could bring, and began an effort to conquer and control an ever-expanding amount of North America and Central America. Within a few years they had conquered much of the Aztec Empire. They claimed the territory as part of New Spain.

Under Spanish rule, the resources and people of New Spain were used for the economic benefit of Spain. A class system developed, with the status, property, and wealth residing primarily with the Spanish and not the native peoples. Over time, two other groups developed: the Mestizos, those of mixed Spanish and indigenous descent, and the Creoles, those of Spanish descent born in New Spain.

Mexican Independence

Miguel Hidalgo y Costilla

Following in the footsteps of the French and American Revolutions of the late 18^th century, and fueled by the class structure inequities, the independence movement in Mexico gained momentum. In 1810 Miguel Hidalgo y Costilla, a priest, declared independence from the Spain and led an uprising. Though Hidalgo was killed less than a year later, the fight for independence continued.

Ironically, Mexico gained independence from Spain not just through a republican revolution but through political maneuvering by those who held power in New Spain and did not want to lose it. Fearing that some recent political changes in Spain would disrupt their way of life, some conservative factions joined forces with one of the leaders of the rebellion and agreed on a plan for Mexican independence. Spain agreed to the terms, and in 1821 Mexico gained its independence.

The years after Mexican independence were very chaotic. From 1821 to 1876, dozens of different governments and factions ruled Mexico. The country was ruled by a frequently changing mix of dictatorships, monarchies, and republics. Most of the governments supported the class system and helped ensure elite dominance over the lower classes and indigenous peoples.

Mexican-American War

While Mexico struggled to establish itself as an independent country, the growth of its neighbor to the north threatened its northern territory. In 1836, Texas successfully won independence from Mexico after defeating the army of Mexican general Santa Anna. Territorial tensions rose between Mexico and the United Stated, fueled by the 1845 annexation of Texas by the United States, the U.S.’s desire to acquire California and New Mexico, and military presence in disputed Mexico-Texas borderlands. This led to the Mexican-American War, which started in 1846 and ended in 1848.As a result of the war Mexico lost two-fifths of its territory to the United States, including large areas of the present-day states of California, Nevada, Utah, Arizona, New Mexico, and western Colorado.

Mexico Today

Today Mexico is a federal republic composed of 31 states and the Federal District. It is governed under a constitution first established in 1917, as part of the Mexican Revolution which occurred partly in response to continued class inequities. Far from its isolated past, Mexico is now inextricably tied into the global economy. It has a gross domestic product of (GDP) of over $1.7 trillion, giving it the 12^th largest GDP in the world. Major economic sectors include manufacturing, tourism, and petroleum. Mexico benefits from being a member of over 50 free trade agreements, which cover over 90% of its total trade.

Nancy Buchanan is the Head Librarian at Questia, where you can find additional resources on Mexican history.

Grace Hopper, a.k.a “Amazing Grace,” a.k.a “Grandma COBOL”

Date: April 8, 2013 Author: Grant Comments: 2 Replies

I was writing an article entitled Ask for Pardon, Not Permission, and the whole theory of it was based on a quote by Grace Hopper. “It’s easier to ask forgiveness than it is to get permission.” It is really an interesting idea, if you think about it. Grace Hopper, a Naval officer, would have been surrounded by higher ranking Navy officers; however, in many instances the opportunity to act does not always allow time to ask for permission. Also, the Navy, like any other armed forces branch of the government (or the government itself), is a never-ending bureaucratic system–fubar, if you will. Sometimes the hassle of receiving permission is not worth it. The effort to receive said permission is painstakingly worse than any potential punishment that you would receive in acting on your best judgement.

United States Navy Rear Admiral Grace Hopper

If you ask for permission, you already believe that your idea is the best option. What happens if your request for permission is denied? At this point you could act, but would receive punishment for both the action and insubordination. I’ve never served in the armed forces, but from every movie that I have ever seen, it seems that this happens a lot. The protagonist of the story is denied permission to do what he feels in his heart is right, yet he does it anyway and usually is vindicated and lauded. While this is great for the box office, the article I was working on is more of a look at how this principle is used by our presidents; how presidents act, outside of the spectrum of the powers given to them by the United States Constitution, and never receive punishment. That article is to come; however, I was so fascinated by Grace Hopper that I wanted to write a quick article about her.

United States Navy Rear Admiral Grace Hopper was a pioneer in the computer programming field. Receiving her bachelor’s degree from Vassar, Grace Hopper went on to receive her Master’s degree and Ph.D. from Yale. She went back to Vassar, to teach mathematics, until she enlisted, in World War II. In 1943, Grace Hopper was sworn in to the United States Navy Reserve, as a member of the Women Accepted for Volunteer Emergency Service (WAVES) program. The Navy enrolled her into the Naval Reserve Midshipmen’s School at Smith College, in Northampton, Massachusetts, where she graduated first in her class. Grace Hopper was assigned to the Bureau of Ships Computation Project, at Harvard University, and served on the Mark I computer programming staff. The Mark I computer, under the operation of Howard H. Aiken, was the first operating machine that could execute long computations, automatically. In 1952, she created the first working program compiler. In 1959, she and several other prominent computer programmers met at the Conference on Data Systems Languages (CODASYL) and defined the new computer programming language COBOL.

“Debugging” – Grace Hopper

As Grace Hopper continued her work for the Navy, she also worked with the Department of Defense to establish their centralized computer database system and programming standards to be used for said system. While most of what she accomplished is “Greek to me,” I am familiar and have often heard the common term “debugging.” While there is debate of whether or not she was the first to coin the phrase, she certainly popularized it. In 1947, while working on a Mark II Computer, at Harvard University, her associates discovered a moth stuck in a relay, which caused the system to quit working. It was here that she said that they were “debugging” the system. The remains of the moth can be found in the log book at the Smithsonian Institution’s National Museum of American History. (Picture right)

Of much importance to America and the world, Grace Hopper was called out of retirement several times. Her final retirement ceremony took place on the USS Constitution on August 14, 1986. At the age of 79 years, eight months and five days, she was the oldest serving member of the United States Navy. During her lifetime she would be awarded the Data Processing Management Association’s ”computer sciences man of the year” award; the Distinguished Fellow of the British Computer Society award, the first American to receive it; the Defense Distinguished Service Medal, the Department of Defense’s highest non-combat award; the Computer History Museum Fellow Award; the Toastmasters International’s Golden Gavel Award and the National Medal of Technology award. After her death, on January 1st, 1992, she would continue to receive recognition and praise. Many government buildings, facilities, and parks have been named after her, but the best of these–in my opinion–was the USS Hopper. This destroyer was ordered on April 8, 1992, and was commissioned on September 6, 1997. The USS Hopper ports out of Pearl Harbor and is still active.

USS Hopper

“The most damnable outrage that has ever been perpetrated…”

Date: March 25, 2013 Author: Grant Comments: 11 Replies

A scene from Guess Who’s Coming to Dinner (1967)

Guess Who, a comedy starring Bernie Mac and Ashton Kutcher, came to theaters when I was in high school, in 2005. The movie’s plot seemed funny enough; a black father had to come to grips with his daughter bringing home her white fiance to meet the family. It was funny, but it didn’t seem like a big deal to me. It wasn’t until the next day that my father told me about the significance of the movie. Guess Who was a spin-off of Guess Who’s Coming to Dinner.

In Guess Who’s Coming to Dinner, the races were swapped and a white girl brought home a black boy to introduce to her family–as her fiance! In 1967, the year this original movie came out, I can imagine a white father would have been overwhelmed with having to deal with this. At the height of the National Civil Rights era, this movie was more than a comedy, it was pertinent to its times. While this movie was being shot, the United States Supreme Court was deliberating on Loving v. Virginia (1967). In Loving v. Virginia (1967), the U.S. Supreme Court unanimously determined that the Racial Integrity Act of 1924, which prohibited marriage between people classified as “white” and people classified as “colored,” was unconstitutional and also overturned Pace v. Alabama (1883). With this matter settled, whites and blacks could now legally wed, in all states. This is very important to civil rights; however, I want to focus on “who’s coming to dinner” in 1901. This dinner event would mark a larger African-American victory for civil rights.

Roosevelt-Washington-White-House-Dinner-damnable-outrage

Illustration of Theodore Roosevelt and Booker T. Washington

On September 14, 1901, Vice President Theodore Roosevelt was sworn in as President of the United States. (President McKinley had been assassinated.) One of his first actions was requesting the presence of Booker T. Washington so that they could discuss civil rights issues. Booker T. Washington came, on October 17th, and the two worked late into the day. Out of respect and courtesy, President Roosevelt asked Booker T. Washington to stay for dinner. This would be the first time that an African-American had ever been entertained in the White House. African-Americans across the country were thrilled by this. One African-American said that this invitation was the “greatest step for the race in generations.” Another stated that President Roosevelt’s “act in honoring [Washington] was a masterly stroke of statesmanship–worthy of the best minds this county has produced.”

That being said, there were those--especially in the South–that were unhappy with President Roosevelt’s decision to invite Washington for dinner. Senator Benjamin Tillman stated, “Now that Roosevelt has eaten with that nigger Washington, we shall have to kill a thousand niggers to get them back at their places.” Governor Allen Candler stated his opinion, that “No self-respecting man can ally himself with the President, after what has occurred…And no Southerner can respect any white man who would eat with a negro.” Governor Miles McSweeney declared, “No white man who has eaten with a negro can be respected; it is simply a question of whether those who are invited to dine are fit to marry the sisters and daughters of their hosts.”

Everyone had their opinions, but what shocked me the most was some of the material printed in prominently and highly circulated newspapers. Birmingham, Alabama’s The Enterprise wrote, “The Incident of counselling with a negro and dining with his establishes a precedent humiliating to the South.” Richmond, Virginia’s News stated, “At one stroke and by one act he has destroyed regard for him. He has put himself further from us than any man who has ever been in the White House.” Memphis, Tennessee’s The Commercial Appeal, which is still the largest newspaper in the Memphis area (it’s what I read), published, “The example of president or potentate cannot change our views. If some coarse-fibred men cannot understand them it is not the concern of the Southern people.”

booker-t-washington-monkey-damnable-outrage

An Anti-Theodore Roosevelt Pin

While the above mentioned are all detestable and show the hatred and resentment that the South still had for the North and blacks, the following words from Senator Edward Carmack paralleled with the thoughts of the Memphis News-Scimitar. Senator Carmack believed that Roosevelt’s dining with Washington was “an out-and-out damnable outrage!” Apparently this sentiment rang true with the Memphis News-Scimitar, because they published the following:

“The most damnable outrage which has ever been perpetrated by any citizen of the United States was committed yesterday by the President, when he invited a nigger to dine with him at the White House.”

Really? That is the most damnable outrage which has ever been perpetrated?

While President Roosevelt later admitted that the invitation was a poor political move, he did not regret his decision. President Roosevelt would dine several more times with Booker T. Washington, but never again in the White House. He later wrote the following about the event: “When I asked Booker T. Washington to dinner, I did not devote very much thought to the matter one way or the other. I respect him greatly and believe in the work he has done.”

Equality Pin supporting Theodore Roosevelt

The two books below are sources for all of the quotes:

Rego, Paul M. 2008. American Ideal: Theodore Roosevelt’s Search for American Individualism. (p.152-153).

Sinclair, William A. 1905. The Aftermath of Slavery: A Study of the Condition and Enviornment of the American Negro. (p. 186-189)

Hankering for History

Hanker: (verb) To have a strong, often restless desire, in this case for–you guessed it–History!

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