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Justice Robert Houghwout "H." Jackson


Self Description

Third-Party Descriptions

March 2012: '“Even if appellee’s activity be local,” Justice Robert H. Jackson wrote, referring to Mr. Filburn’s farming, “and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce.”'

http://www.nytimes.com/2012/03/20/us/politics/at-center-of-health-care-fight-roscoe-filburns-1942-commerce-case.html

June 2011: 'The Fourth Amendment is weaker than it was 50 years ago, and this should worry everyone. “Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government,” Justice Robert H. Jackson, the former chief United States prosecutor at the Nuremberg trials, wrote in 1949. “Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart.”'

http://www.nytimes.com/2011/06/23/opinion/23shipler.html

July 2008: 'More important, as Justice Robert H. Jackson wrote in 1954, the exclusionary rule “deprives society of its remedy against one lawbreaker because he has been pursued by another.” Or, in Judge Benjamin Cardozo’s famous mocking formulation in a 1926 decision for New York’s highest court rejecting the rule: “The criminal is to go free because the constable has blundered.”'

http://www.nytimes.com/2008/07/19/us/19exclude.html

January 2006: "Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was United States Attorney General (1940 - 1941) and an Associate Justice of the United States Supreme Court (1941 - 1954). He was also the chief United States prosecutor at the Nuremberg Trials."

http://en.wikipedia.org/wiki/Robert_H._Jackson

January 2006: "The 1952 opinion, a concurrence by Justice Robert H. Jackson, rejected President Harry S. Truman's assertion that he had the constitutional power to seize the nation's steel mills to aid the war effort in Korea. Whether and how Justice Jackson's analysis should apply to broadly similar recent assertions by the Bush administration, notably concerning its domestic surveillance program, will plainly be a central theme when questioning of Judge Alito begins Tuesday morning."

http://www.nytimes.com/2006/01/10/politics/politicsspecial1/10legal.html

Relationships

RoleNameTypeLast Updated
Organization Head/Leader (past or present) Justice Department/Department of Justice (DOJ) Organization Jan 10, 2006
Organization Head/Leader (past or present) Office of the Solicitor General (OSG) Organization Jan 10, 2006
Member of (past or present) US Supreme Court (SCOTUS) Organization Jan 10, 2006
Subordinate of (past or present) Pres. Franklin "FDR" Delano Roosevelt Person Jan 10, 2006

Articles and Resources

Date Fairness.com Resource Read it at:
Mar 19, 2012 At Heart of Health Law Clash, a 1942 Case of a Farmer’s Wheat

QUOTE: Mr. Filburn sued to overturn a 1938 federal law that told him how much wheat he could grow on his family farm and made him pay a penalty for every extra bushel. The 1942 decision against him, Wickard v. Filburn, is the basis for the Supreme Court’s modern understanding of the scope of federal power.

New York Times
Jun 22, 2011 Free to Search and Seize

QUOTE: legally, if a black man in a poor neighborhood can be stopped and frisked with minimal reason, so can a white woman in a rich neighborhood — even if the police tactics differ. American history is replete with assaults on liberties that first target foreigners, minorities and those on the political margins, then spread toward the mainstream.

New York Times
Jul 18, 2008 Should Suspects Go Free When Police Blunder? (American Exception)

QUOTE: A year and a half later, an Ontario trial judge ruled that the officer’s conduct was a “brazen and flagrant” violation of Mr. Harrison’s rights. The officer’s explanation for stopping Mr. Harrison was contrived and defied credibility, the judge said, and the search “was certainly not reasonable.”

New York Times
Jan 10, 2006 Legal Context: Focus of Hearings Quickly Turns to Limits of Presidential Power

QUOTE: The 1952 opinion, a concurrence by Justice Robert H. Jackson, rejected President Harry S. Truman's assertion that he had the constitutional power to seize the nation's steel mills to aid the war effort in Korea.

New York Times