Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified in 1791 as part of the Bill of Rights; the Fifth Amendment applies to every level of the government, including the federal and local levels, as well as any corporation, private enterprise, group, or individual, or any foreign government in regards to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense; the self-incrimination clause provides various protections against self-incrimination, including the right of an individual to not serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a colloquial term used to invoke the self-incrimination clause when witnesses decline to answer questions where the answers might incriminate them.
In the 1966 case of Miranda v. Arizona, the Supreme Court held that the self-incrimination clause requires the police to issue a Miranda warning to criminal suspects interrogated while under police custody; the Fifth Amendment contains the Takings Clause, which allows the federal government to take private property for public use if the government provides "just compensation." Like the Fourteenth Amendment, the Fifth Amendment includes a due process clause stating that no person shall "be deprived of life, liberty, or property, without due process of law." The Fifth Amendment's due process clause applies to the federal government, while the Fourteenth Amendment's due process clause applies to state governments. The Supreme Court has interpreted the Fifth Amendment's Due Process Clause as providing two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, substantive due process, which protects certain fundamental rights from government interference.
The Supreme Court has held that the Due Process Clause contains a prohibition against vague laws and an implied equal protection requirement similar to the Fourteenth Amendment's Equal Protection Clause. The amendment as proposed by Congress in 1789 reads as follows: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger. On June 8, 1789, Congressman James Madison introduced several proposed constitutional amendments during a speech to the House of Representatives, his draft language that became the Fifth Amendment was as follows:No person shall be subject, except in cases of impeachment, to more than one punishment or trial for the same offense. This draft was edited by Congress. After approval by Congress, the amendment was ratified by the states on December 15, 1791 as part of the Bill of Rights.
Every one of the five clauses in the final amendment appeared in Madison's draft, in their final order those clauses are the Grand Jury Clause, the Double Jeopardy Clause, the Self Incrimination Clause, the Due Process Clause, the Takings Clause. The grand jury is a pre-constitutional common law institution, a constitutional fixture in its own right embracing common law; the process applies to the states to the extent that the states have incorporated grand juries and/or common law. Most states have an alternative civil process. "Although state systems of criminal procedure differ among themselves, the grand jury is guaranteed by many state constitutions and plays an important role in fair and effective law enforcement in the overwhelming majority of the States." Branzburg v. Hayes 1972. Grand juries, which return indictments in many criminal cases, are composed of a jury of peers and operate in closed deliberation proceedings. Many constitutional restrictions that apply in court or in other situations do not apply during grand jury proceedings.
For example, the exclusionary rule does not apply to certain evidence presented to a grand jury. An individual does not have the right to have an attorney present in the grand jury room during hearings. An individual would have such a right during questioning by the police while in custody, but an individual testifying before a grand jury is free to le
William J. Brennan Jr.
William Joseph Brennan Jr. was an American judge who served as an Associate Justice of the United States Supreme Court from 1956 to 1990. As the seventh longest-serving justice in Supreme Court history, he was known for being a leader of the Court's liberal wing. Born in Newark, New Jersey, Brennan graduated from Harvard Law School in 1931, he entered private practice in New Jersey and served in the United States Army during World War II. He was appointed in 1951 to the Supreme Court of New Jersey. Shortly before the 1956 presidential election, President Dwight D. Eisenhower used a recess appointment to place Brennan on the Supreme Court. Brennan won Senate confirmation the following year, he remained on the Court until his retirement in 1990, was succeeded by David Souter. On the Supreme Court, Brennan was known for his outspoken progressive views, including opposition to the death penalty and support for abortion rights, he authored several landmark case opinions, including Baker v. Carr, establishing that the apportionment of legislative districts is a justiciable issue, New York Times Co. v. Sullivan, which required "actual malice" in libel suits brought by public officials.
Due to his ability to shape a variety of wide opinions and "bargain" for votes in many cases, he was considered to be among the Court's most influential members. Justice Antonin Scalia called Brennan "probably the most influential Justice of the century." Brennan was born in the second of eight children. His parents and Agnes Brennan, were Irish immigrants, they met in the United States, although both were from County Roscommon in Ireland. His father had little education. However, he rose to a position of leadership, serving as the Commissioner of Public Safety for the city of Newark from 1927 to 1930. Brennan attended public schools in Newark, graduated from Barringer High School in 1924, he attended the Wharton School of the University of Pennsylvania, where he graduated cum laude with a degree in economics in 1928. While there, he joined Delta Tau Delta Fraternity. Brennan graduated from Harvard Law School near the top of his class in 1931 and was a member of the Harvard Legal Aid Bureau; when he was 21, Brennan married Marjorie Leonard.
They had three children: William III, Hugh. After graduating from Harvard Law School, Brennan entered private practice in his home state of New Jersey, where he practiced labor law at the firm of Pitney Hardin. During World War II, Brennan commissioned in the Army as a major in March 1942, left as a colonel in 1945, he did legal work for the ordnance division. In 1949, Brennan was appointed to the Superior Court by Governor of New Jersey Alfred E. Driscoll. In 1951, Driscoll appointed him to the Supreme Court of New Jersey. Brennan was named to the U. S. Supreme Court through a recess appointment by Dwight D. Eisenhower in 1956, shortly before the 1956 presidential election. Presidential advisers thought the appointment of a Roman Catholic Democrat from the Northeast would woo critical voters in the upcoming re-election campaign for Eisenhower, a Republican. Brennan gained the attention of Herbert Brownell, United States Attorney General and Eisenhower's chief legal affairs adviser, when Brennan had to give a speech at a conference.
To Brownell, Brennan's speech seemed to suggest a marked conservatism on criminal matters. His nomination faced a small amount of controversy from two angles; the National Liberal League opposed the nomination of a Catholic, thinking he would rely on his religious beliefs rather than the Constitution when ruling, Senator Joseph McCarthy had read transcripts of Brennan's speech where he decried overzealous anti-Communist investigations as "witch-hunts." After a confirmation hearing in 1957 in which Brennan defended himself against McCarthy's attacks and proclaimed that he would rule on the basis of the Constitution and not on Church law, he was confirmed by a near-unanimous vote, with only Senator McCarthy voting against him. Other factors playing into Brennan's appointment were his status as a state court judge – no state judge had been appointed to the High Court since Benjamin N. Cardozo in 1932 – and Eisenhower's desire to appear bipartisan after his appointments of two Republicans: Earl Warren and John Marshall Harlan II.
Brennan filled the seat vacated by Justice Sherman Minton. He held the post until his retirement on July 1990, for health reasons. Brennan taught at Georgetown University Law Center until 1994. With 1,360 opinions, he is second only to William O. Douglas in number of opinions written while a Supreme Court justice. An outspoken liberal throughout his career, he played a leading role in the Warren Court's expansion of individual rights. Brennan played a behind-the-scenes role during the Warren Court, coaxing more conservative colleagues to join the Court's decisions. Brennan's opinions with respect to voting, criminal proceedings, the free speech and establishment clauses of the First Amendment, civil rights were some of the most important opinions of the Warren Era. Brennan's role in expanding free speech rights under the First Amendment is notable, as he wrote the Court's opinion in 1964's New York Times Co. v. Sullivan, which created constitutional restrictions on the law of libel, it was Brennan who coined the phrase "chilling effect", in 1965's Dombrowski v. Pfister
Thurgood Marshall was an American lawyer, serving as Associate Justice of the Supreme Court of the United States from October 1967 until October 1991. Marshall was its first African-American justice. Prior to his judicial service, he argued several cases before the Supreme Court, including Brown v. Board of Education. Born in Baltimore, Marshall graduated from the Howard University School of Law in 1933, he established a private legal practice in Baltimore before founding the NAACP Legal Defense and Educational Fund, where he served as executive director. In that position, he argued several cases before the Supreme Court, including Smith v. Allwright, Shelley v. Kraemer, Brown v. Board of Education, which held that racial segregation in public education is a violation of the Equal Protection Clause. In 1961, President John F. Kennedy appointed Marshall to the United States Court of Appeals for the Second Circuit. Four years President Lyndon B. Johnson appointed Marshall as the United States Solicitor General.
In 1967, Johnson nominated Marshall to succeed retiring Associate Justice Tom C. Clark. Marshall retired during the administration of President George H. W. Bush, was succeeded by Clarence Thomas. Marshall was born in Baltimore, Maryland, on July 2, 1908, he was descended from enslaved peoples on both sides of his family. His original name was Thoroughgood, his father, William Canfield Marshall, worked as a railroad porter, his mother Norma Arica, as a teacher. Marshall first learned how to debate from his father, who took Marshall and his brother to watch court cases; the family debated current events after dinner. Marshall said, he did it by teaching me to argue, by challenging my logic on every point, by making me prove every statement I made."Marshall attended Frederick Douglass High School in Baltimore and was placed in the class with the best students. He graduated a year early in 1925 with a B-grade average, placed in the top third of the class, he went to Lincoln University, a black university in Pennsylvania.
It is reported that he intended to study medicine and become a dentist. But according to his application to Lincoln University, Marshall said his goal was to become a lawyer. Among his classmates were poet Langston Hughes and musician Cab Calloway, he did not take his studies and was suspended twice for hazing and pranks against fellow students. He was not politically active at first. In his first year Marshall opposed the integration of African-American professors at the university. Hughes described Marshall as "rough and ready and wrong". In his second year Marshall participated in a sit-in protest against segregation at a local movie theater; that year he was initiated as a member of Alpha Phi Alpha, the first fraternity founded by and for blacks. In September 1929 he married Vivien Buster Burey and began to take his studies graduating from Lincoln with honors Bachelor of Arts in Humanities, with a major in American literature and philosophy. Marshall wanted to study in his hometown law school, the University of Maryland School of Law, but did not apply because of the school's segregation policy.
Marshall attended Howard University School of Law. His views on discrimination were influenced by the dean, Charles Hamilton Houston. In 1933, Marshall graduated first in his law class at Howard. After graduating from law school, Marshall started a private law practice in Baltimore, he began his 25-year affiliation with the National Association for the Advancement of Colored People in 1934 by representing the organization in the law school discrimination suit Murray v. Pearson. In 1936, Marshall became part of the national staff of the NAACP. In Murray v. Pearson, Marshall represented Donald Gaines Murray, a black Amherst College graduate with excellent credentials, denied admission to the University of Maryland Law School because of its segregation policy. Black students in Maryland wanting to study law had to attend segregated establishments, Morgan College, the Princess Anne Academy, or out-of-state black institutions. Using the strategy developed by Nathan Margold, Marshall argued that Maryland's segregation policy violated the "separate but equal" doctrine of Plessy v. Ferguson because the state did not provide a comparable educational opportunity at a state-run black institution.
The Maryland Court of Appeals ruled against the state of Maryland and its Attorney General, who represented the University of Maryland, stating, "Compliance with the Constitution cannot be deferred at the will of the state. Whatever system is adopted for legal education must furnish equality of treatment now." At the age of 32, Marshall won U. S. Supreme Court case Chambers v. Florida, 309 U. S. 227. That same year, he founded and became the executive director of the NAACP Legal Defense and Educational Fund; as the head of the Legal Defense Fund, he argued many other civil rights cases before the Supreme Court, most of them including Smith v. Allwright, 321 U. S. 649. S. 1. S. 629. S. 637. His most famous case as a lawyer was Brown v. Board of Education of Topeka, 347 U. S. 483, the case in which the Supreme Court ruled that "separate but equal" public education, as established b
Traditionally an oath is either a statement of fact or a promise with wording relating to something considered sacred as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. The word come from Anglo-Saxon āð judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic *aithaz, from PIE *oi-to- "an oath". Common to Celtic and Germanic a loan-word from one to the other, but the history is obscure and it may be non-Indo-European. In reference to careless invocations of divinity, from late 12c. Oaths have referred to a deity significant in the cultural sphere in question; the reciter's personal views upon the divinity of the aspects considered sacred in a predictated text of an oath may or may not be taken in to account.
There might not be alternative personal proclamations with no mention of the sacred dogma in question, such as affirmations, to be made. This might mean an impasse to those with unwillingness to edify the dogma they see as untrue and those who decline to refer to sacred matters on the subject at hand; the essence of a divine oath is an invocation of divine agency to be a guarantor of the oath taker's own honesty and integrity in the matter under question. By implication, this invokes divine displeasure, it therefore implies greater care than usual in the act of the performance of one's duty, such as in testimony to the facts of the matter in a court of law. A person taking an oath indicates this in a number of ways; the most usual is the explicit "I swear", but any statement or promise that includes "with * as my witness" or "so help me *", with'*' being something or someone the oath-taker holds sacred, is an oath. Many people take an oath by holding in their hand or placing over their head a book of scripture or a sacred object, thus indicating the sacred witness through their action: such an oath is called corporal.
However, the chief purpose of such an act is for ceremony or solemnity, the act does not of itself make an oath. Making vows and taking oaths became a symbolic concept in law practice that developed over time in different cultures; the concept of oaths is rooted within Judaism. It is found in Genesis 8:21, when God swears that he will "never again curse the ground because of man and never again smite every living thing"; this repetition of the term never again is explained by Rashi, the pre-eminent biblical commentator, as serving as an oath, citing the Talmud Shavous 36a for this ruling. The first personage in the biblical tradition to take an oath is held to be Eliezer, the chief servant of Abraham, when the latter requested of the former that he not take a wife for his son Isaac from the daughters of Canaan, but rather from among Abraham's own family; the foundational text for oath making is in Numbers 30:2: "When a man voweth a vow unto the Lord, or sweareth an oath to bind his soul with a bond, he shall not break his word.
According to the Rabbis, a neder refers to a shâmar to the person. The passage distinguishes between a neder and a shvua, an important distinction between the two in Halakha: a neder changes the status of some external thing, while a shvua initiates an internal change in the one who swears the oath. In the Roman tradition, oaths were sworn upon Iuppiter Lapis or the Jupiter Stone located in the Temple of Jupiter, Capitoline Hill. Iuppiter Lapis was held in the Roman tradition to be an Oath Stone, an aspect of Jupiter in his role as divine law-maker responsible for order and used principally for the investiture of the oathtaking of office. According to Cyril Bailey, in "The Religion of Ancient Rome": We have, for instance, the sacred stone, preserved in the temple of Iuppiter on the Capitol, was brought out to play a prominent part in the ceremony of treaty-making; the fetial, who on that occasion represented the Roman people, at the solemn moment of the oath-taking, struck the sacrificial pig with the silex, saying as he did so, "Do thou, strike the Roman people as I strike this pig here to-day, strike them the more, as thou art greater and stronger."
Here no doubt the underlying notion is not symbolical, but in origin the stone is itself the god, an idea which religion expressed in the cult-title specially used in this connection, Iuppiter Lapis. The punisher of broken oaths was the infernal deity Orcus. Walter Burkert has shown that since Lycurgus of Athens, who held that "it is the oath which holds democracy together", religion and political organization had been linked by the oath, the oath and its prerequisite altar had become the basis of both civil and criminal, as well as international law. Various religious groups have objected to the taking of oaths, most notably the Religious Society of Friends and Anabaptist groups, like Mennonites, Amish and Schwarzenau Brethren; this is principally based on Matthew 5:34 -- 37. Here, Christ is written to say "I say to you:'Swear not at all'". James the Just stated in James 5:12, "Above all, my brothers, do not swear—not by heaven or by earth or by anything else. Let your'Yes' be ye
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U. S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors, it has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction; the court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.
According to federal statute, the court consists of the Chief Justice of the United States and eight associate justices, all of whom are nominated by the President and confirmed by the Senate. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office; each justice has a single vote in deciding. When the chief justice is in the majority, he decides. In modern discourse, justices are categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. While a far greater number of cases in recent history have been decided unanimously, decisions in cases of the highest profile have come down to just one single vote, exemplifying the justices' alignment according to these categories; the Court meets in the Supreme Court Building in Washington, D. C, its law enforcement arm is the Supreme Court of the United States Police. It was while debating the division of powers between the legislative and executive departments that delegates to the 1787 Constitutional Convention established the parameters for the national judiciary.
Creating a "third branch" of government was a novel idea. Early on, some delegates argued that national laws could be enforced by state courts, while others, including James Madison, advocated for a national judicial authority consisting of various tribunals chosen by the national legislature, it was proposed that the judiciary should have a role in checking the executive power to veto or revise laws. In the end, the Framers compromised by sketching only a general outline of the judiciary, vesting federal judicial power in "one supreme Court, in such inferior Courts as the Congress may from time to time ordain and establish", they delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Template:Judicial branch as a whole. The 1st United States Congress provided the detailed organization of a federal judiciary through the Judiciary Act of 1789; the Supreme Court, the country's highest judicial tribunal, was to sit in the nation's Capital and would be composed of a chief justice and five associate justices.
The act divided the country into judicial districts, which were in turn organized into circuits. Justices were required to "ride circuit" and hold circuit court twice a year in their assigned judicial district. After signing the act into law, President George Washington nominated the following people to serve on the court: John Jay for chief justice and John Rutledge, William Cushing, Robert H. Harrison, James Wilson, John Blair Jr. as associate justices. All six were confirmed by the Senate on September 26, 1789. Harrison, declined to serve. In his place, Washington nominated James Iredell; the Supreme Court held its inaugural session from February 2 through February 10, 1790, at the Royal Exchange in New York City the U. S. capital. A second session was held there in August 1790; the earliest sessions of the court were devoted to organizational proceedings, as the first cases did not reach it until 1791. When the national capital moved to Philadelphia in 1790, the Supreme Court did so as well.
After meeting at Independence Hall, the Court established its chambers at City Hall. Under Chief Justices Jay and Ellsworth, the Court heard few cases; as the Court had only six members, every decision that it made by a majority was made by two-thirds. However, Congress has always allowed less than the court's full membership to make decisions, starting with a quorum of four justices in 1789; the court lacked a home of its own and had little prestige, a situation not helped by the era's highest-profile case, Chisholm v. Georgia, reversed within two years by the adoption of the Eleventh Amendment; the court's power and prestige grew during the Marshall Court. Under Marshall, the court established the power of judicial review over acts of Congress, including specifying itself as the supreme expositor of the Constitution and making several important constitutional rulings that gave shape and substance to the balance of power between the federal government and states; the Marshall Court ended the practice of each justice issuin
Potter Stewart was an Associate Justice of the United States Supreme Court, serving from 1958 to 1981. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to the United States Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, Stewart won Senate confirmation the following year, he was in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart was succeeded by Sandra Day O'Connor. Stewart wrote the majority opinion in notable cases such as Jones v. Alfred H. Mayer Co. Katz v. United States, Chimel v. California, Sierra Club v. Morton.
He wrote dissenting opinions in cases such as Engel v. Vitale, In re Gault and Griswold v. Connecticut, his concurring opinion in Jacobellis v. Ohio popularized the phrase "I know it when I see it." Stewart was born in Jackson, while his family was on vacation. He was the son of James Garfield Stewart, his father, a prominent Republican from Cincinnati, served as mayor of Cincinnati for nine years and was a justice of the Ohio Supreme Court. Stewart earned an academic scholarship to attend the prestigious Hotchkiss School, where he graduated in 1933, he went on to Yale University, where he was a member of Delta Kappa Epsilon and Skull and Bones graduating Phi Beta Kappa in 1937 with a Bachelor of Arts degree. He served as chairman of the Yale Daily News. After studying international law at the University of Cambridge in England for a year, Stewart enrolled at Yale Law School where he graduated cum laude in 1941 with a Bachelor of Laws. While at Yale Law School, he was a member of Phi Delta Phi.
Other members of that era included Gerald R. Ford, Peter H. Dominick, Walter Lord, William Scranton, R. Sargent Shriver, Cyrus R. Vance, Byron R. White; the last would become his colleague on the United States Supreme Court. Stewart served in World War II as a member of the U. S. Naval Reserve aboard oil tankers. In 1943, he married Mary Ann Bertles in a ceremony at Bruton Episcopal Church in Williamsburg, Virginia, they had a daughter and two sons, Potter, Jr. and David. He was in private practice with Shohl in Cincinnati. During the early 1950s, he was elected to the Cincinnati City Council. Stewart was nominated by President Dwight D. Eisenhower on April 6, 1954, to a seat on the United States Court of Appeals for the Sixth Circuit vacated by Judge Xenophon Hicks, he was confirmed by the United States Senate on April 23, 1954, received his commission on April 27, 1954. His service terminated on October 1958, due to his elevation to the Supreme Court. Stewart received a recess appointment from President Dwight D. Eisenhower on October 14, 1958, to a seat on the Supreme Court of the United States vacated by Associate Justice Harold Hitz Burton.
He was nominated to the same position by President Eisenhower on January 17, 1959. He was confirmed by the Senate by a vote of 70–17 on May 5, 1959, received his commission on May 7, 1959. All 17 nay votes came from Southern Democrats, he served as Circuit Justice for the Sixth Circuit from October 14, 1958 to July 3, 1981, as Circuit Justice for the Fifth Circuit from October 12, 1971 to January 6, 1972. He assumed retired status on July 3, 1981, serving in that status until his death on December 7, 1985. Stewart came to a Supreme Court controlled by two warring ideological camps and sat in its center. A case early in his Supreme Court career showing his role as the swing vote during that time is Irvin v. Dowd. Stewart was temperamentally inclined to moderate, pragmatic positions, but was in a dissenting posture during his time on the Warren Court. Stewart believed that the majority on the Warren Court had adopted readings of the First Amendment Establishment Clause, the Fifth Amendment privilege against self-incrimination, the Fourteenth Amendment guarantee of Equal Protection with regard to voting rights that went beyond the framers' intention.
In Engel, Stewart found no precedent to remove school sponsored prayer, in Abington, Stewart refused to strike down the practice of school sponsored Bible reading in public schools. Stewart dissented in Griswold v. Connecticut on the ground that, while the Connecticut statute barring the use of contraceptives seemed to him an "uncommonly silly law", he could not find a general "Right of Privacy" in the Fourteenth Amendment Due Process Clause. Before the appointment of Warren Burger as Chief Justice, many speculated that President Richard Nixon would elevate Stewart to the post, some going so far as to call him the front-runner. Stewart, though flattered by the suggestion, did not want again to appear before—and expose his family to—the Senate confirmation process. Nor did he relish the prospect of taking on the administrative responsibi
Hugo Lafayette Black was an American politician and jurist who served in the United States Senate from 1927 to 1937, as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. A member of the Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections. Having gained a reputation in the Senate as a reformer, Black was nominated to the Supreme Court by President Roosevelt and confirmed by the Senate by a vote of 63 to 16, he was the first of nine Roosevelt nominees to the Court, he outlasted all except for William O. Douglas; the fifth longest-serving justice in Supreme Court history, Black was one of the most influential Supreme Court justices in the 20th century. He is noted for his advocacy of a textualist reading of the United States Constitution and of the position that the liberties guaranteed in the Bill of Rights were imposed on the states by the Fourteenth Amendment. During his political career, Black was regarded as a staunch supporter of liberal policies and civil liberties.
However, Black wrote the majority opinion in Korematsu v. United States, during World War II, which upheld the Japanese-American internment that had taken place. Black consistently opposed the doctrine of substantive due process and believed that there was no basis in the words of the Constitution for a right to privacy, voting against finding one in Griswold v. Connecticut. Before he became a senator, Black espoused anti-Catholic views and was a member of the Ku Klux Klan in Alabama, but he resigned in 1925. Years he said: "Before becoming a Senator I dropped the Klan. I have had nothing to do with it since that time. I abandoned it. I discontinued any association with the organization." Hugo LaFayette Black was the youngest of the eight children of William Lafayette Black and Martha Black. He was born on February 27, 1886, in a small wooden farmhouse in Ashland, Alabama, a poor, isolated rural Clay County town in the Appalachian foothills; because his brother Orlando had become a medical doctor, Hugo decided at first to follow in his footsteps.
At age seventeen, he enrolled at Birmingham Medical School. But Orlando suggested. After graduating in June 1906, he established a legal practice, his practice was not successful there, so Black moved to the growing city of Birmingham in 1907, where he specialized in labor law and personal injury cases. Consequent to his defense of an African American, forced into a form of commercial slavery after incarceration, Black was befriended by A. O. Lane, a judge connected with the case; when Lane was elected to the Birmingham City Commission in 1911, he asked Black to serve as a police court judge – his only judicial experience prior to the Supreme Court. In 1912, Black resigned that seat, he was not done with public service. Three years during World War I, Black resigned in order to join the United States Army reaching the rank of captain, he was not assigned to Europe. He joined the Birmingham Civitan Club during this time serving as president of the group, he remained an active member throughout his life contributing articles to Civitan publications.
On February 23, 1921, he married Josephine Foster, with whom he had three children: Hugo L. Black, II, an attorney. Josephine died in 1951. In 1926, Black sought election to the United States Senate from Alabama, following the retirement of Senator Oscar Underwood. Since the Democratic Party had dominated Alabama politics since disenfranchising most blacks at the turn of the century, Black defeated his Republican opponent, E. H. Dryer, winning 80.9% of the white vote. He was reelected in 1932. Senator Black gained a reputation as a tenacious investigator. In 1934, he chaired the committee that looked into the contracts awarded to air mail carriers under Postmaster General Walter Folger Brown, an inquiry which led to the Air Mail scandal. In order to correct what he termed abuses of "fraud and collusion" resulting from the Air Mail Act of 1930, he introduced the Black-McKellar Bill the Air Mail Act of 1934; the following year he participated in a Senate committee's investigation of lobbying practices.
He publicly denounced the "highpowered, telegram-fixing, Washington-visiting" lobbyists, advocated legislation requiring them to publicly register their names and salaries. In 1935, during the Great Depression, Black became chairman of the Senate Committee on Education and Labor, a position he would hold for the remainder of his Senate career. In 1937 he sponsored the Black-Connery Bill, which sought to establish a national minimum wage and a maximum workweek of thirty hours. Although the bill was rejected in the House of Representatives, an amended version of it, which extended Black's original maximum workweek proposal to forty-four hours, was passed in 1938, becoming known as the Fair Labor Standards Act. Black was an ardent supporter of President Franklin D. Roosevelt and