Landmark Cases Reversed by the US Supreme Court

Manila Bulletin, May 1, 2015 | Go to article overview

Landmark Cases Reversed by the US Supreme Court


The US Constitution of 1787 remains the worlds oldest written fundamental law today. For 48 years (1898 to 1946) the US colonial government in our country was more than our tutor in politics and constitutional law. Two acts of the US Congress reproduced portions of the US Constitution to govern our 7,000 islands the Philippine Bill of 1902 and the Jones Law of 1916. Finally, our Constitution of 1935 was patterned after its US model. After martial law (1972 to 1986) the 1987 Constitution restored the 1935 Commonwealth model with tighter controls and accountability of all public servants. ADOPTING US DOCTRINES Our Supreme Court has copied freely some decisions of the US Supreme Court if the constitutional doctrines could apply with persuasive effect. One such copied doctrine is now being reviewed by our Supreme Court in Baguio. Justices of the US Supreme Court are well-known for their intellectual skill. One of them, Felix Frankfurter, was one of the best-known law professors at Harvard U. His friendship with Franklin Delano Roosevelt and his role as an intimate adviser to the President led to Frankfurters 1939 Supreme Court appointment. News of the appointment led to a champagne celebration attended by New Deal liberals. PRESIDENTS ADVISER In Minersville School District v. Gobitis (1940), Justice Frankfurter delivered the opinion of the Court sustaining the flag-salute requirement. In a letter to Justice Stone explaining his opinion, Frankfurter claimed that nothing has weighed as much on my conscience since I have come to this Court, as has this case. One day he was talking about the opinion over cocktails at Hyde Park. Eleanor Roosevelt impulsively declared that regardless of the Justices learning and legal skills, there was something WRONG with an opinion that forced little children to salute the flag when such a ceremony was repugnant to their conscience. REVERSAL IN THREE YEARS Then, only three years later, in West Virginia Board of Education v. Barnette (1943), the Court reversed itself and ruled the compulsory salute unconstitutional. Justice Robert Jackson delivered perhaps his best opinion for the Court. Jackson declared: The Bill of Rights denies those in power any legal opportunity to coerce allegiance. Authority here is to be controlled by public opinion, not public opinion by authority The right of the State to regulate, for example, a public utility may well include, so far as the due process test is concerned, power to impose all of the restrictions which a legislature may have a rational basis for adopting. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Landmark Cases Reversed by the US Supreme Court
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.