In twentieth Century USA law (on)

[Author: Su YanxinIn twentieth Century USA law

Center and edge: the twentieth Century federalism

With a few pages brief discusses the twentieth Century law is very arrogant. First of all, at the time of writing this book in twentieth Century, has been in the past 80 years. Secondly, in twentieth Century is one of the great changes of society -- the period, but also the legal change period. Finally, to a person, keep out of the affair and discusses its age, as everyone knows it is difficult. When many years later, although historians may in fact be depend on the part of facts, distorted reflection, hindsight and false memories, but historians relatively easy to grasp a "period" views, consensus.

Because of these three reasons, I do not intend to twentieth Century America law in detail, even in a narrow sense does not intend to include the old laws. On the contrary, some clues on the tail is only a very rough description of the twentieth Century law evolution, and mainly discusses the evolution process of the meaning:Our time American law is only the last thing the continuation or the result? Or has the same history completely fracture?

In twentieth Century the political and social events that people are very familiar with the main. In twentieth Century, there is no doubt America as a major world power and the emergence of. America began in twentieth Century in overseas is only a small empire. In the two World War, it plays a decisive role in. After the Second World War, it American is the world's richest, most powerful countries. A period of time, America was the only country with the atomic bomb. By 1985 (now), America remains the only have a grasp of putting a man on the moon the country. Of course, not the only superpower America; for example, in the Vietnam War, it suffered a blow. However, it is still the western world power.

In essence, this is a central, state power, in comparison, state power is gradually weakening; the federal government into a huge monster.Federal Caesar by social unrest, the two World War and the cold war, the great depression and the technology revolution carnivorous feeding.This word is not too to a proper extent of caesar. In the center, the main beneficiaries not Congress power, nor the Supreme Court, on the whole is the president and administrative department. As the president said, president office president has become the world's most important, the most powerful man. Theodore I and Woodrow Wilson the two presidents have been aware of this effect. Franklin I to the presidency proud; only Hardin and Coolidge, who thought the low-key, steer clear of the road. A weak president will still have weakness, but the president will not have.

All of the major events of twentieth Century seems to have contributed to the relatively strong central government. Even the prohibition, "big test" (1919 -1933 years) -- the national liquor ban -- in some ways is the last in the edge of the void act -- just feeding the giant. If no federal as the basis, the ban would not have a chance of success. The States had no ability to eradicate the spirits of the curse, or say, even try -- ultimately, no ability to management of railway, has satisfactory anti trust law, improve food quality, and recruit an army does not succeed. If people really want to drink, the prohibition can not stop people drinking.On the whole, the prohibition proved to be an expensive failure. But it has caused great changes in the criminal justice system, the prohibition to the federal prison overcrowding; also make a federal court cases piles. The nineteenth Century criminal justice is the place, it is basically every city and town things, then is the state of things, has nothing to do with the federal. Until the 1890's that owns and manages the federal prison, previously, few federal criminal is detained at a state prison; the federal government for dietary and criminal charges. The prohibition, the police began the idea is no longer unimaginable.

Although the criminal justice is still the place; but it is not exclusive. The presence of a strong federal. The thieves, murderers and rapists investigation, arrest and trial of this scene, although the federal government is still small role play.But federal started jurisdiction: cross state crime, fraud, interstate kidnappings, and perhaps the most significant is to assist state and local plans to pay the price.But what happened has happened in criminal justice matters in the other is purely "local" government and legal areas: education, land use, family affairs. The federal government as a partner -- large or small -- in all aspects of social control.

Since the war, the great depression and other emergencies, explain the federal government growth is likely to be wrong; if the case did not occur, but objectively speaking to the central government of a federation of great development has taken place, then what is it? The legal sovereignty in late nineteenth Century division can not cause various economic power management industry's release has been the main. The early state servant, farmers no longer meet the practical concept of federalism. Nineteenth Century has shown this tendency, and this tendency has been in development; population growth; large enterprises become larger; the agricultural population proportion is less and less; population growing residential city. People more and more depend on each other, but in a new way: not in the narrow face dependent surface between groups of strangers, but interdependence -- never seen sellers buyers, not closely linked with doctors; employees do not know its owner's name. They were firmly tied, and into a huge development in the country. Technology creates a common contact information and exchange; market is a national; radio and television network is a national; 80's, with the jet flight between Losangeles and New York, the distance is just a yawn, drink a cup of water and a movie Kung fu.

On the government's various demand growth is also critical, as we write the history of time, will find that we are very easy to fall into the rash is not affected by the influence and the passive voice. Description of the government become a huge, federal power to expand into more and more fields, is very easy, as we are discussing the natural process, like chemical reaction or, like egg hatch into chickens, almost evolutionary step on biology. Politicians love to talk about the expansion of the government, the government seems to be some kind of uncontrolled Nutritional Obese people. At this point is the fact, but this alone. Parkinson's law and greedy bureaucracy, explains some reasons but not the most important reason. Various organizations do want to become more powerful and better; and people with ambition and manipulation of tissue expansion. But the huge monster modern government range is not completely or mainly not in the doctrine of redemption is based on specific requests, each group but with loud public that government responds to the base composition.

 "The new deal" may be related to respond to consumer demand and the best government increases is the most obvious example. In 1932, the country for leadership. Remain stagnant economy, local government bankruptcy and care-laden, in order to save the industry, relief and economic reform everyone looked to the government. The new plan is extremely high at the time; but the beginning of the 30's new deal has been ingrained in American life, did not dare to touch the key of the new deal, and even dared to touch like Ronald Regan, a conservative Republican president. Social insurance, securities and Exchange Commission, some of the federal housing program and the national labor legislation, with the change of society any things permanently is placed into the legal system.In a word, they become politically taboo. Barry Godwater (1964) only the reform of social insurance proposal, people's indignation, he defiled the Holy land.

The government is also the result of huge snowball. The government tube more money, more need and host government performance are more. Therefore, the huge government formed a huge tax agency, the government became the main employer another economic management means. In this process, both the hot and cold, even if not the determining factor or short, but is the main. Before Franklin I, $8000000000 of annual federal budget is unthinkable, astronomical and science fiction. And now the federal government each year in the war and defense costs on the total number, will definitely make Roosevelt, Kennedy, and even surprising Nixon. The mid 80's defense budget is about 300 billions of dollars.

But the huge government growth cannot cancel the demand and response rule. Perhaps the main effect of big government is -- legal culture spirit of citizens. 1900 years, no one on the federal government asking too much. The government in charge of the army, postal, railway -- all of which supervision is important, but most management process by the state in charge of. All the events of twentieth Century should work together to promote the expansion of federal power. From the United States government attention from the States and concentrated in Washington, therefore, to react to problems -- such as people -- first asked Washington to crime or the children do not read. Finally, above and below aspects, show the whole legal system highly federation.

The decline of state and local government is relative, not absolute. No matter what kind of standard, part of the second and third levels of government itself is a huge monster. State and local government still in all important areas to fulfill the important responsibilities. They build roads, schools, welfare, employment of police and firefighters, issuing marriage licenses and divorce. In twentieth Century these whichever one is the growth of the industry. And the new deal is the dividing line between the important. For poor relief local monopoly disappeared, the federal government depends on the financial resources over the relief. Federal after its hand stretched to the education, scientific research, medical facilities and interstate highway. But these day-to-day management of affairs by federal agencies to exercise. The country with the French or the Soviet Union still not highly centralized, power is extremely scattered.

On the one hand, this is because the centralization is still part of legal culture; in the aspects of political appeal, the decentralization of power is also useful. People or groups, asking the federal control, however, people and various group does not want big government itself. No one cares about (and the people and the group why should?) government is large or what level. People or group only care about the results. The centralization and de centralization debate itself has almost no political appeal. People or group is otherwise it chart agent. Used to advocate the right of the state of people in the south are not really believe in a theory of politics, the South has a list of various interests and requirements of the shopping list, and they know from the store. The local people and local government also often require federal intervention, but they do not require a central control; want is money, because the federal government to raise money for local people and the government to be easy. Many of the so-called federal program is not centralized, simply speaking, the plan is for the statutory sums of gold local interests and power distribution between groups, the reconstruction of the city is a typical example. The plan from 1949 implementation. Although it became a federal regulation of the daily strict organization, but in the late 60's, in essence it absorb funds set. The effective federal tax machine, to limit and control the allocation of funds to more or less subject to sign to love very relaxed, very general city and local government.

So, despite all the events last for about 80 years, despite Washington's tax and spending hundreds of billions of dollars, although there is (unsurprisingly) federal agencies and numerous, but the separation of powers and checks and balances -- or -- the idea that never let it have its swing development. In many ways, the legal system is still a debris woven carpet power mixture. On one hand, in the tax, business norms, civil rights, environmental protection -- a century ago, federal law is particularly important; on the other hand, federal law innumerable, now occupies the dominant position, but also is an extremely bossy. The president is almost a monopoly of foreign affairs czar. After the failure of the Vietnam War, although Congress tried to limit the powers of the president, but the president still has the right to mobilize the army -- in and out of Lebanon, for example, the Ronald Regan 80's the doings.

However, in other areas, whether it is formal or informal, the powers of the president still suffer from other powers within the government supervision and restriction. "The federal law" is a patchwork quilt cover; the federal program is uncertain. For example, consider the postal administration and the Vietnam War "neighbor group" responsible for the recruitment of soldiers system differences; think of the Federal Reserve, the Supreme Court, the social security administration, the National Science Foundation, the Federal Bureau of investigation's attitude.

The state law is kept alive.Most states still has areas of mainland scholars said private Kingdom finally say: general commercial law, tort law, property law, marriage law. State and city carry out the numerous effects of general rules of daily life simple for everyone.Power law state and city construction law, security law drafting and towns. [1] provides driving speed, designated parking, specification, dry cleaning work issued license, pheasant and deer plumber to determine the open season. State and city holds about marriage, feeding the dog, selling vegetables, open a pub power. In view of the school, city and state and federal government share responsibility with the aid of the rule making power management school. But the main responsibility of the job is the place, not the country. Specific work state and city also engaged in the management of the welfare system.

USA political and legal vassal system is very active, the system has refused any signs of absolute power. The state government should always be considered strength. Some counties have (limited) power. The city has or has not the internal regulations and those of larger jurisdiction conflict and overlap; since the Second World War, the city as a special agent of the federal in some cases have been directly involved in the federal government. In a Hualihushao under the name, this trend seems destined to enhance. In addition to these, there are countless small power field: underground sewage District, School District, air pollution area such as New York, as well as the administration of a great marquis. These regions and the bureau responsible does not seem to have what special; but some areas and a giant swallowed driving car are composed of nickel, silver coins and tokens into the stomach plankton; because these foods, resulting in some areas and expand into monstrosity.

Since 1900, at least in one important respect, the local government has continued to be not rational. In nineteenth Century, the city increased with the growth of population, the development in 1900 and stopped; from 1930, most of the big city (except the western and southern outer) in the population is on the decline. Some city is very obvious. As we know, this does not mean that people are returning to the countryside, on the contrary: Rural continues to shrink. Residents of the city with the city residents like No Kuo with tail. But the city's boundary is fixed. The metropolitan area, it is vast, which is composed of a central city, the suburbs, the old new suburbs and small and scattered residential areas, some city like neighbor neighbor, but (in theory) as the New York and Chicago autonomous. These small fragments strongly resisted to the huge monster swallow them, they want to manage their habitat. Especially, they should boycott black and low-income people into their respective governors, want to be. For this purpose, control the use of the land is the most basic; this control mode of each city used most effectively in a small area. No restrictions on what the Convention or the planning regulations, and thousands have been merged hundreds of "village" to their charge high name and show off the power.

These basic statements suggesting that persistent theme USA legal development, the consistency and diversity, centralization of power and the struggle between localism, endless was still carrying on. Perhaps the struggle should be. And this struggle is not put things right once and for all can solve the problem. Struggle is not a problem, but a fact; but will not solve the. Various forms of conceptual jurisprudence sophistry, and according to the "sports law reform" is apparently based: the idea of unity or the lack of unity in its own terms is a problem; or, the diversity of power or legal culture itself is the problem; centralized or decentralized power itself is the problem. Only from the perspective of legal doctrine, these are the problems. In real life, these problems are specific: air pollution, crime, poverty, low economic growth, or no matter what society thinks the deterioration of the situation. Structure feature is a tool or effect.

However, tools or the effect is not the only important, basic problem is power: power into where and by whom the exercise.The structure characteristics of legal system reflect the distribution of power, and, at the same time influence or maintain power. According to an objective is a good assignment for another purpose distribution is not good. The jury system is good; but in the southern white jury bias is bad. From the political point of view, sensitive and vulnerable Americans have a taste for these practical problems; the typical report is to build more and more against the power of the class, the result is a delicate system of checks and balances, a be hardly worthy of belief in the complex with enormous tension. The fracture is huge, extremely difficult to solve or reform; and according to a certain point, finally splitting.

Legal culture in modern American: pluralism and instrumentalism

In short, decentralisation has not disappeared, the total trend even with America legal history back: from many legal culture to create a kind of legal culture tendency; reduce the legal pluralism; broaden the base of the official official legal system, the total population of consumers; or the object relative to the law the increase in the proportion of. In twentieth Century the general trend continues and acceleration. In medieval England, only a few people really is the subject or object of the common law. Since then, the official legal line, scope, focus and view has been changed; it is now the official laws apply to Commonwealth everyone.

The conclusion of this attitude should be reserved. First, the "common law" mainly refers to the royal court and by creating various precedent. The British manor farmers with the common law has no any relation; but there are a large number of performance to local habits form of "law on the manor". The colonies, in any particular place in some cases report shows the proportion of the adult population surprising, perhaps in nineteenth Century settled in the city's population and settled in farm many reasons. Today the common law affects everyone -- from the giant company to sleep in the big city of hot stove homeless. Legal concerns with some aspects of the life of each person. However, in general this is not to say that in 1985 than in 1785 or 1885 citizens citizens lack of freedom. This is a different and complicated problem.

Second, in this country, official law and living law, not never consistent, or even close to agreement. The mystery of the legal history, perhaps the most difficult is to act in legal history, be bound together in a common cause with the reality of living law of history rather than as a myth or official specification. However, informal (i.e. not standard) did not like the official law preserved concise and orderly records; law, precedents, rules and the official announcement, the report is retained; the rest either disappeared or don't see. Legal sociologists of the contemporary world in to police, judges and lawmakers to actually do what your tasks, rather than on what they should do or say what they do -- as a theoretical problem, is a blind simple ideas, as a matter of fact, it's not that simple. The law accurately the literal meaning is the past and the present are not automatically implement. The fact that this view.

However, undoubtedly have to single legal culture -- a trend trend continued, people pay in fact, far-reaching significance. American to most objective single economy, and in many ways is a single social body. The media and transport large is the biggest balancer. Americans are always the daunting traveler -- never meet, move to the kind of people. Balancing the regional variation in the strength of the alarming. This is not -- with the eastern hemisphere countries -- with great changes in the dialects and customs of the country. In fact, in some ways, "legal" dialect (single legal language into 50 states form) is the most significant and lasting localism of. However, in the 80's, the range of decentralization include the scope of legal localism is more and more small.

In the effective cases, this is part of the reason. Decentralization not the huge market era. Sales in the 50 state of the company would like to speak a language, the use of a sale, in the face of a legal system. In twentieth Century the thoughts, there is a theme to the rational. Objectively speaking, seems to be in the western world has the characteristics of universality has its fatal USA form. From the American perspective, Americans at least for illegal acts have no patience. British people love the various customs and traditions have USA abandoned; Americans think they are stupid and childish. For example, the modern law will no longer allow classical common law legal fiction, even if this method might be useful. Obviously irrational and surface is no longer popular.

This way of thinking is due to the lack of suitable words and modern rationalism people alleged since the sport of the world total gravel pile part. If not before the industrial revolution, at least since the industrial revolution, the central idea is that the western rationalism. In addition to the law and the law of some scholars and historians have been mentioned and discussed its development; rational development is Max Webb's most influential "law and society" theme of [2] works. History is the essence of the decline of older, traditional legal form.

This word is difficult to grasp the rational. However, in one important respect, the contemporary people is "rational": on the whole, they would not simply because all kinds of ideas and system is the traditional will tend to accept; or because of religious or supernatural reason to accept ("tendencies" and "general" two words but not interested in the use of traditional, and religion is not on the brink of death did not die, American people overall are religious people, and 80 years of organized religion, political and social forces seem the same past generations of still strong). Actions and recommendations must be more or less by utilitarian test. The legal system is regarded as a tool, a means of. Any consideration of law or the legal behavior, each person to ask what is to me or my family or my group (of course, these calculations do not have to be naked economy). The government and the whole society to ask similar questions. But almost no definite or fixed answer.

The consequences of instrumentalism is huge; has not yet completed from the stage of history. Democracy is a consequence of. Another consequence is the rise of the welfare state. There are third consequences of modern science. Fourth is the idea of equality before the law. Fifth -- -- in near equal opportunity, is the inevitable result of formal equality and inequality of result (according to the oppressed and the attachment group point of view). Therefore, from a long-term point of view, instrumentalism is the enemy of legal pluralism, the meaning is not local, but the vertical sense: class or grade of pluralism, in this order, each person has its fixed position, some people at the lower, some people in the upper, lower class gentle, obedient and accept.

Vertical pluralism of course do not easily give up. Because of rational self-interest, whether from upper people strict boycott or from their moral and ethical rule of the threat to their power. There is a time in nineteenth Century, most of the time, one or two of the formal equality is obviously not have never received a lot of group a piece of pie pie, mainly, rich and fill up the pie is satisfied. This provides a convenient for the minority, to the majority of people only balderdash. In Britain, perhaps the traditional behavior of strong play from the elite to the wider group of power transfer function. The majority of the population is willing to let in the elite, therefore, it seems to play their own class system. In America, there are some different buffer; pioneers; the real opportunity and the fanaticism of free enterprise. No matter how, combined with some factors play a brake to the redistribution of social product demand function. Pioneer is not only "safety value"; and the hope of success, cultivate and worship opportunities. Although life is unpredictable, but, in the every corner, every town to pay a few cents to buy tickets.

The struggle for rights

However, there is no respite, revolution. But it seems to be only temporarily. In late nineteenth Century, America volcano like labor unrest threatens the city. After many twists and turns in twentieth Century, organized labor has made a series of great legal victory. Besides the mentioned here that, how much to the political struggle, and how much may be economic growth and modern technology gift made? The most important legal victory in the New Deal period (1930 years). A variety of legal government initiative and urgent requirement to develop a package of trade unions on behalf of the interests of the contract. Many of the new deal makers attitude is the same enterprise hostile. The new deal broke the honor and prestige balance between labor and management. The enactment of the new numerous regulatory laws, set up many administrative departments. The National Labor Relations Act (1935 [3]) is allowed to have established the trade union organization, announced that hinder the right is "a kind of unfair labor practices", also set up a department to implement the bill [4], the new policy also promulgated the first significant unemployment insurance, pensions and public housing programmes.

The 1929 crash and subsequent depression make business at a loss, but also dampened the spirit of the people. Politically, the early 30's business compared with never so fragile. Enterprises in the ranks of the working class into the flight, it was burned and abandoned the palace. But, in the long run, compared with many of the new deal, the Second World War to restore prosperity may mean more to the working class. Prosperity returned to commercial power and power. A multi -- not comprehensive -- commercial power has been restored. For 30 years, no naked and open hatred; no 60's, 70's, 80's to talk about "or almost no economic conservatism". After the war, the economy of a wave after wave of rapid growth, both sides share the results. Wonderful era of good feeling, harmony of interests between master and servant seems more. For example, even before the government announced in 1945 to help veterans, to a certain extent, the government had, never to. The government put millions of armed soldiers sent to the University, in addition to other, also avoid the veterans with labour market. Government loans to people who want to do a little business people, for the people with a yard, garage, kitchen housing in the city to provide capital to facilitate, let every family dreams come true. The plans for construction workers and pipeline workers save industry; the contractor, mortgage banks and plastics, glass, plumbing and sanitary supplies manufacturers make money out of it.

Civil rights and its development

To 1950 years, the rapid development of economy, some people are very easy to forget America underclass. The scholars have written about the affluent society works; they worry about leisure surplus; being forced to leisure is called unemployment has almost forgotten. The Negro revolt, the brown, yellow, red and the revolt of women like a bomb thrown into the over optimistic fantasy world. Linden Johnson's anti poverty War (1964 -1965 years) is conceived as a 'task. Compared with the expected its advocates, it become more of a war. For many people it seems everyone has opened a Pandora's box: hate, class struggle, strong resistance and disappointed this out, poisoning the country's air. The Vietnam War exacerbated the deterioration of all things: both social and economic. This is the 1960 time: frequent earthquakes almost never still; street violence; campus fire burning; the rising awareness of ecological disaster; due to fear of the national government paranoia; almost like spread in the streets of the black death, is the fear of violent crime. Independent, repression, put in prison or the thought that each group or class behoove is now revealing their canine: black, the prisoner, the poor, student, gay, nuns. Don't seem to is in the status of the ruling bloc in the society. Very little respect for society itself. Under the present is tens of thousands of people panic intimidation.

   However, sudden arrival, unrest seemed to end; the whole country strangely calm down. Even the government struggling and a president (Richard Nixon) because the inglorious Watergate resigned no pain; even the Carter administration and the Iran hostage crisis. Didn't not enjoy popular support; even the early Reagan's profound and devastating recession seems to have no public life temperature to boiling point.

Of course, this is not history, it is the front door outdoor world. It was the 70 time and is now composed of 80 years of general treatment is far more complex. To be sure, outdoor revolt -- and combat against many raw power to expedite; people talk about the Vietnam war without restraint, indulgence up training, Dr Spock and his children's care theory, belief decline, or all of these, or press a root is irrelevant. Similarly, 80 years later, people will think of the rise of the civil rights revolution strongly resisted or the Warren Court, or after the Vietnam war generation be cynical, beliefs and traditional moral revival, basic rights and other factors.

In the long course of history (may not be accurate), people tend to exaggerate the 60's and 70's and later against the reactionary. This is a sign of an important trend in separate larger, more extensive or collision. In a sense, "rebel" is a multi-layer onion peeling of rationalism, is an important consequence of the modern secular thought highlights. From the legal aspects of our narrow perspective, we can regard it as a part of the legal culture in the process of stable -- some vertical pluralism of past generations process. No matter what race or conditions, no one is willing to accept in law or in fact. Or look down position; no one be most willing to accept outside the majority (minority) to the disadvantage of limited focus on his head. This is a recent and important revolution of course is not entirely fortuitous event. As we know, is a series of steps step; and this book some part is also used to explain the earlier steps. In the last paragraph, if in a narrow sense, the law plays a direct role, then the 50's and 60's the civil rights revolution, from a historical perspective, if no federal courts may be inconceivable, this is not to say that no revolutionary court itself is unthinkable. But it will show a different way, it will take a different -- perhaps more cruel -- form.

Them in the fields of rights. Perhaps the most important is the struggle to take to the streets -- or on the bus, black passengers refused to be location specific, placed on the bus at the restaurant, they persist in service, in the restaurant in school, they have access to the various schools. From the legal aspect, to the contents of the file that is black eighteenth Century "bill of rights" and has been a century of Fourteenth Amendments to the constitution. But, no matter what kind of public opinion, the potential effects of the fourteenth amendment is the federal and state governments, federal and state judges and judges, legislators, local officials between functions and division of authority. This Law for these constitutional provisions and developed basically is the modern. Even before 1868 -- often before 1800 -- states have their own bill of rights, but also is the basic principle is lofty, a good description of the statement. However, on civil rights and freedom of case law -- such as free speech and religion -- in essence is a creation of the twentieth Century. Nineteenth Century is not much action, this branch overall constitution showed considerable be neither hot nor cold and numb. Of course, not to say that the bill of rights is a dead letter act. However, in the past the complete lack of modern case law, is a progressive, exciting sound.

Believe that the various legal content, concepts, terminology with their respective important history is very foolish, not what is civil liberties and civil rights history is more important. The dividing line is a vexing problem between the presumption of law allows, repression or prohibit the holiness and "obscene" freedom of speech. The basic law thought and the contents of these contents are the same -- is -- in 1790 and 1980. Further, it is yellow books; they secretly from sticky hands to the sticky hands pass each other. In fact, the recent case law is one of the taunt about the famous book "memoirs" wild women, some critical judgment is usually called "Fanny Hill" in the book. As the first amendment, Fan Ni from the end of eighteenth Century have been commonplace. The concept of the affair basically did not happen in nineteenth Century publishers and readers. Why indeed is a complicated problem. In any case, most clearly is the traditional moral decline and greedy blasted the dam publishers, litigation flood suppressed through the ancient dike. In short, the past can not imagine (but thought) and cannot be printed (but had been printed) things out have no shame face in public. Without anyone to boycott these authors and publishers or stop them home. The books are tens of thousands of sales; moreover, the court generally acquiescence.

However, the court must say why? First of all, there are constitutional tradition and judicial activism. Second, USA accustomed to this concept, namely all kinds of wearing cassock social, economic, political dispute lawsuit to the court considered suitable. At the beginning of 1800, anyone who does not have this idea at all, and even can be said to 1900 years, the court is tolerant of the "Fan Ni Hill", or the radical pamphlets or the witness is the mercy of god. The court is a trial and error process the citizens of a free forum. From the political point of view, when the legislative assistance is impossible -- to not enjoy popular support minority and "Van Hill" publishers, like black facts -- obstruction of the various interest groups, at least obstruction with the strong those interest groups, like a mouse ran through the maze, interest group to try other ways, until finally found the right thing. The beginning is the most difficult, then, the route becomes easy to follow; be good at accepting the court led to more lawsuits. If not enjoy popular support minority -- 40 Ye Hehua's witness; 50's and 60's criminal defendants and radical -- to find one or two at the admissibility of the court, so they tend to seek judicial relief, which is more greedy. Therefore, by this way of litigation growth, additional to the court further pressure, just to expand priority decision a little. In particular, about these strong claims, if this is right, these claims, was rejected, not simply disappear and death, these ideas require a reply (overall), behind the political and moral strength of these propositions: a movement, a force in support of the proposition.

About to the period of the first World War, the theme of freedom of speech, a serious legal system integration. War makes the chauvinism cauldron of boiling. The anti espionage and counter insurgency act had been passed. A large-scale political persecution and red terror begins, and continues to the 1920's.. [5] the court did not like modern court that would rather try and take a risk. Olive Wendell Holmes's clear and present danger standard -- Congress to ban speech that "under such circumstances and in this period...... On the nature of the use of speech caused by such a clear and present danger, Congress has the power to stop this great evil." [6]

The later case relates to other sensitive issues -- for example, in Mccarthy's fanatical times more controversial is the congressional investigation range (1950 years); 1950 years, for film and literature review, case law has already begins in earnest. The 40's and beyond, some famous judgment involves "not enjoy popular support part of god witness" this disturbing. Seems to be some people in the church and the state, between the other case put up a wall of thick high followed the precedent. The most notorious repute is in the 60's that prayer and reading "Bible" for public schools illegal in some cases. Every opinion poll shows these judgments are not enjoy popular support; and nearly 20 years, various attempts to retrofit cancel them -- but up to now (1985) the court still maintain these cases.

Gegel Warren served as the Chief Justice (1953 -1969), the Federal Supreme Court also require prior to the public that their attitude, in order to protect the minority not enjoy popular support and promote their interests. Many cases about criminal procedure especially attract sb.'s attention. A case and a case, the Federal Supreme Court in criminal justice station side, the principle of strict adherence to search, arrest and trial - sometimes seems to these principles is the judge his own. These cases is to attract sb.'s attention case. One is a state; the other party is some poor people alcoholics, gamblers, a drug addict, four other people in the bottom of society, and the staff were taken to court. Warren court often stand in the underdogs (as well as his lawyer) side of law and order, from the temple, very often very effectively gave cries of pain. Earl Warren was succeeded by Mr Warren Berg (1969 --); Berg court to block the attack and satire in these cases, the parties are some concessions, to law and order in the crowd with a bribe; although Berg court to conservatism famous, but so far the Berg court still follow the majority of this law.

Although attract sb.'s attention is court into moral bushes;There is basically no retreat. Court created a constitutional right to privacy, rejected a law to limit the sale of contraceptives in Connecticut, and the most meaningful is the Roe v. Wade (1972), in American abolished involves every law restricting abortion. Replace these laws in a complex way, basically to pregnant women abortion completely free, the state should not interfere. Since Dred Scott, may not have the decision caused so much turmoil, but, now from the entire riots in more than 10 years, but so far the court still has not been decisively rotary; trying to pass constitutional amendments to overturn Roe v Wade has failed.

Black is so dependent on important minority group court firmly support. The racial problem of litigation, the court has not be indifferent to. Black leaders never really accepted Pulos v. Ferguson (1896) [7]. The case will be legal segregation. The NAACP was founded in 1909. Almost from the start, the NAACP using litigation strategy, for racial equality to put pressure on the court. At the beginning of 1915, the NAACP has a specific important achievement; the Supreme Court in Jean v. American case [8] ruling Oklahoma constitution "grandfather clause" invalid (1908, Oklahoma State constitution article third paragraph fourth first, requiring voters to "being able to read and write in Oklahoma the constitution"; however, any part in any form of government in the January 1, 1866 vote of the people, or "living here, the state of some foreigners", as well as any foreigners "direct descendant of" all people are exempt from. This shows that almost all of them are exempted from the reading and writing -- black exceptions, of course before 1866 black not voting).

After 1940, the black suit, the Supreme Court to change attitudes become very obvious sign of. First of all, a racist constitution made war, only some of the results of progressive. Through a series of cases, the Supreme Court declared of every hue isolation conditions or facts (e.g., school segregation unconstitutional); but the court did not want to touch the ultimate question: according to the principle of "separate but equal" fig leaf, whether isolated no legal guarantee. The NAACP is strong pull hard push the Federal High Court, the Supreme Court has barely. The Supreme Court's ruling was a compromise; in each specific case, but most of the time, the black win; on the other hand, the final result is the isolation was abolished. During the Second World War, in a famous small mistakes, the Supreme Court refused to cancel the Japanese American civil war camp; these judgments are full of racism and hysteria, the court is tarnishing the reputation of [9].

The Supreme Court in Shirley v. Kramer case (1948) is closer to the essence of [10] isolation. This case agree not to enforce the ban the sale or lease of property to the black land contract. However, the Supreme Court announced its decision in Brown v. Board of education of [11], for equal long struggle in 1954 "the first day" reached its climax. This is the Supreme Court precedent in all the most important; people find the basic reference. People will associate the income tax case, and Drete Scott case, or may be transferred to the Roe v. Wade. Decision of the Brown case isolation the end of school. In fact, in the South and the north, even today, the majority of blacks read all or almost black school. However, Brown has the huge influence especially in the segregated schools. Although, it is started by indirect, but the case of Brown sounded the knell of Pulos v. Ferguson. Many of the later case the Supreme Court very clear intention. Isolation of any form is not allowed. The case also like -- Drete Scott -- the court case involved in an argument. In the south, libel and "massive resistance" did not shake the Supreme Court; if have what different, it seems that Earl Warren and the Supreme Court justices moral extremely confident. Since 1954, the Supreme Court at this point never changed.

These isolated case affected, but with black generally against the act with United strength. This case is a line on the carpet, its influence cannot be measured nor overestimated. In this book, the civil rights movement still be just unfolding. Domestically, since 1950 time, America most of the history is the relationship between the black -- white notes. All major domestic issues -- anti hunger war, strong white politically, adverse reaction, city reconstruction, riots, school street crime -- with sick and rotten effect of race relations are closely linked, influenced by the sick and rotten race relations initiation and complex, was sick and rotten mess race relations. White reaction like black giant leaps complex. Population group and different levels often reacted very different. Compared with the reconstruction of any false dawn since, a series of completely new Civil Rights Act (1964, 1965) is a symbol of this reaction law. Isolation in the hotel, hotel, public facilities have been completely eliminated. However, still exist in the housing and employment, but not fatal. Southern blacks now in the north as most has the right to vote, Atlanta, Chicago, Philadelphia and Losangeles mayor is black (1985).

White backlash, but not too underestimate. It can feed is the fact that there is a huge black underclass. Brown and his successors, and the civil rights movement, the black middle class is free; black with Archbishop of singing opera, and held the ball, run for Congress; some black become the administrative officials and a partner in a law firm. Some black advertising on TV and film. All of these are important; but many of the Negro is still poor, respected still lags behind most of the whites in every aspect. From a legal perspective, there are still "positive behavior" and "covert discrimination" problems. A climax is the famous Bucky case, in this case, a white man named Alan Baki black was located at the University of California medical school in Davies refused admission to struggle and successfully won, he (as a white) not in favor of these reasons. What is actually Bucky decision, in the final analysis is not clear (Council of University of California v. Bucky case "USA federal case set" volume 438th, 265th pages, 1978). To be sure of things is the civil rights movement caused some (most) white riot. Progress is a fact, but progress case caused anger and reaction, there is a connection between these responses and law and order motion (although the crime problem is very realistic). Flee to the suburbs is also a kind of reaction, but also to the growing dissatisfaction with the welfare plan. Because the relief object are disproportionately black. If not so, then all this like guild is as basic white reaction.