Truman's Court: A Study in Judicial Restraint

Hardcover | September 1, 1988

byFrances Howell Rudko

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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.

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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 per...

Format:HardcoverDimensions:186 pages, 9.41 × 7.24 × 0.98 inPublished:September 1, 1988Publisher:Chemical Publishing Company, I

The following ISBNs are associated with this title:

ISBN - 10:0313263167

ISBN - 13:9780313263163

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?A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's fourth appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analyses 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. Rudko acknowledges that none of the four had an intellectually well-grounded conception of judicial restraint, a la Frankfurter. Nevertheless, she argues, a principled commitment to restraint explains the Truman appointees' votes better than the anitlibertarian bias sometimes ascribed to them. For upper-division undergraduates and graduate students.?-Choice