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| Year appointed to Supreme Court |
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Southern progressive
Defended labor organizers and investigated police brutalities |
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Served as United States Senate for 10 years.
As a senator he strongly defended New Deal programs, including Roosevelt's court packing plan. |
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He belonged to the Ku Klux Klan for two years in the 1920s.
Black gave a dramatic radio address, admitted his prior membership and added that he had resigned many years before |
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Insistence that the Court literally enforce constitutional guarantees, especially First Amendment guarantee of free speech.
Frequently characterized as an activist.
Willing to to subject legislation that arguably violated express constitutional provisions to intensive review. |
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Literalism necessary to confine judicial power.
Insisted that 14th Amendment be incorporated and made applicable to the states the guarantees of the first 8 amendments.
Premised in part on his belief that any other approach would leave justices free to read their own values into the Constitution. |
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Girswold v. Connecticut
- Black rejected the notion that the COnsitution contained general guarantees of "privacy" or "natural rights" beyond those expressly articulated in the text. |
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