Suchergebnisse

Nature of the president's mandate; presidential-legislative relations; the president and public opinion.

The supreme court of the U.S.A. at the end of President Johnson's administration, by André Mathiot
The Supreme Court displayed in the last fifteen years, in contrast with many previous periods, an activism comparable to that of the John Marshall Court or of the New Deal, and a commitment to liberal policies which attracted a great deal of attention. Two major trends emerge out of an enormous number of decisions, some sharp, some subtle, made under Earl Warren as Chief Justice. The Court favored increasing equality and uniformity in decisions related mostly to the struggle against racial discrimination and segregation, and to civil rights. It also favored, against the power of the majority, the freedom of individuals, groups and minorities. The Court achieved, or sought to achieve, a certain type of adaptation of law to the needs of American society. By making itself "the conscience of the nation", by guiding the action of the Federal Executive, the Congress and the states, the Court attracted the opposition of all those, among public opinion and in the Congress, who disagreed with its choices. President Johnson's serious failure to obtain before the end of his mandate the assent of the Senate to the appointment of Abe Fortas to succeed the resigning Chief Justice raises the question of the future composition of the Court. It shows again the heavy price to be paid for a system of government by judges.