Truman's Court: A Study in Judicial Restraint

(Hardback)

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A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analysis 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. Choice 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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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
One of a president's most important and highly publicized duties is to nominate members of the Supreme Court. This was true of Harry S. Truman, who appointed a chief justice and three associate justices to the nation's highest tribunal. . . . Rudko has produced in this book a well documented and thoughtful contribution to knowledge about the court and the Truman presidency.-Presidential Studies Quarterly
"One of a president's most important and highly publicized duties is to nominate members of the Supreme Court. This was true of Harry S. Truman, who appointed a chief justice and three associate justices to the nation's highest tribunal. . . . Rudko has produced in this book a well documented and thoughtful contribution to knowledge about the court and the Truman presidency."-Presidential Studies Quarterly
"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

Author Bio

FRANCES HOWELL RUDKO, an attorney in private practice for 15 years, was recently appointed to the position of Law Clerk to Chief Judge Franklin Waters, Western District Federal Court of Arkansas.