Sublime

Eisenhower’s appointment of Earl Warren to be chief justice of the United States, like John Adams’s appointment of John Marshall, was one of the major events of his presidency.

The measure that gave Marshall the authority to circumvent it was concealed as a rider to the Army’s annual appropriation bill.32

In July the cabinet sent Jay twenty-nine queries to clarify the meaning of neutrality and rule on American jurisdiction over the French seizure of ships in American waters. On August 8, replying on behalf of the Supreme Court, Jay declined to render an advisory opinion. The Constitution, he said, had set up three independent branches of government,

Ultimately, Ike would appoint five justices to the court, including John Marshall Harlan and William Brennan.75 His appointees ushered in a judicial revolution in citizenship law, civil liberties, and civil rights.

The judges, however, wisely rejected that argument, quoting Thurgood Marshall's observation that given the mysteries of human motivation, “it would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.”

In the trial of Samuel Chase, the principle had been proven. The Senate had been created to be independent, to stand against the tyranny of presidential power and the tides of public opinion. It had stood.

And, Moses must have realized (for he demonstrated the realization in subsequent actions), as long as he had public power, as long as he was representing the state, he would have the means of employing as many lawyers as he needed, of delaying, and thereby denying, justice to his opponents, of shielding himself from its punishments.

Fortas felt confident that the jurisdictional grounds would persuade a single Supreme Court Justice—particularly the Justice with administrative responsibility for the Fifth Circuit, Hugo Black—to do what a single Circuit Court judge would not: grant their plea for a stay of the injunction and thereby allow Johnson’s name to go on the ballot. Getti