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Page "West Virginia State Board of Education v. Barnette" ¶ 32
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Frankfurter and
At around the same time, he befriended Siegfried Kracauer, the Frankfurter Zeitung s literary editor, of whom he would later write:
In Barnette Justice Jackson addressed each element of Frankfurter s Gobitis decision.
Jackson began with Frankfurter s designation of the flag as a national symbol.
He did not question Frankfurter s designation of the flag as a national symbol ; instead, he criticized the pedestal on which Frankfurter put such national symbols.
Next Jackson denied Frankfurter s argument that flag-saluting ceremonies were an appropriate way to build the cohesive sentiment ” that Frankfurter believed national unity depended on.
Jackson rejected Frankfurter s argument, citing the Roman effort to drive out Christianity, the Spanish Inquisition of the Jews and the Siberian exile of Soviet dissidents as evidence of the ultimate futility ” of efforts to coerce unanimous sentiment out of a populace.
Then Jackson dealt with Frankfurter s assertion that forcing students to salute the flag, and threatening them with expulsion if they chose not to, was a permissible way to foster national unity.
Jackson s rejection of this section of Frankfurter s argument has proved the most quoted section of his opinion.
In his Gobitis opinion Frankfurter s solution was for the dissenters to seek out solutions to their problems at the ballot box.
The last leg of Frankfurter s Gobitis opinion reasoned that matters like saluting the flag were issues of school discipline ” that are better left to local officials rather than federal judges.
Three years earlier seven justices had followed Frankfurter s reasoning and joined his majority opinion in Gobitis.
Frankfurter, however, insisted that the passage was necessary since he claimed he was literally flooded with letters ” following the Court s decision in Gobitis that said he should be more sensitive to the protection of minorities due to his Jewish heritage.
Finally Frankfurter rejected Justice Stone s rational basis test that Stone laid out in United States v. Carolene Products Co ..
Frankfurter listened to Karski s detailed accounts of the program of extermination of the Jewish people carried out by the Nazis.
Karski s testimony of this conference with Frankfurter was recorded in an interview for the documentary film produced in 1978, by Claude Lanzmann (" Shoah "), titled " The Karski Report .”
MacLeish s career in libraries and public service began, not with a burning desire from within, but from a combination of the urging of a close friend Felix Frankfurter, and as MacLeish put it, The President decided I wanted to be Librarian of Congress .” Franklin Roosevelt s nomination of MacLeish was a controversial and highly political maneuver fraught with several challenges.
Despite these challenges, President Roosevelt and Justice Frankfurter felt that the mixture of MacLeish s love for literature and his abilities to organize and motivate people, exemplified by his days in law school, would be just what the Library of Congress needed.
In an essay first published in the Frankfurter Rundschau newspaper on 14 November 1986, Winkler wrote of Nolte s essay " The Past That Will Not Pass " that:
The Supreme Court has interpreted those two clauses identically, as Justice Felix Frankfurter once explained in a concurring opinion: To suppose that ‘ due process of law meant one thing in the Fifth Amendment and another in the Fourteenth is too frivolous to require elaborate rejection .” In 1855, the Supreme Court explained that, to ascertain whether a process is due process, the first step is to examine the constitution itself, to see whether this process be in conflict with any of its provisions.

Frankfurter and s
" The revolution of the giving hand ") in the Frankfurter Allgemeine, one of Germany s most widely read newspapers, his statement that the national welfare state is a " fiscal kleptocracy " that had transformed the country into a " swamp of resentment " and degraded its citizens into " mystified subjects of tax law ".

Frankfurter and response
* September 27, 2006 Epoch Times Editorial on Harry Wu ( quotation referring to Jan Karski and Felix Frankfurter: When Jan Karski disclosed the message of Nazis ' slaughtering of the Jews, the U. S. Supreme Court judge Felix Frankfurter's response to a Polish diplomat was, " Mr. Ambassador, I did not say this young man is lying.

Frankfurter and Jackson
Justices Frankfurter and Jackson concurred in the Court's result, for they found no merit in the railroad's claim.
Justices Frankfurter and Jackson dissented: `` One State may cherish formalities more than another, one State may be more responsive than another to procedural reforms.
" Felix Frankfurter and Robert H. Jackson disapproved of segregation, but were also opposed to judicial activism and expressed concerns about the proposed decision's enforceability.
Felix Frankfurter and Robert H. Jackson led one faction, which insisted upon judicial self-restraint and insisted courts should defer to the policymaking prerogatives of the White House and Congress.
Separate concurring opinions were delivered by Justices Felix Frankfurter and Robert H. Jackson.
But Reed was not lonely on the bench: within two years, Reed was joined on the bench by his mentor, Felix Frankfurter, and his protégé, Robert H. Jackson.
Frankfurter was close friends with Justice Robert H. Jackson.
In an opinion by Justice Stanley Forman Reed, which three other justices ( Chief Justice Vinson and Associate Justices Hugo Black, Robert H. Jackson ) joined, and with which Justice Felix Frankfurter concurred, the Court held that re-executing Francis did not constitute double jeopardy or cruel and unusual punishment.
Justice Jackson wrote a dissenting opinion in which he was joined by Justice Frankfurter.
Justice Rutledge wrote another dissenting opinion in which he was joined by Justices Frankfurter, Jackson and Burton.
Associate Justice Felix Frankfurter delivered the opinion of the court in this case, in which Chief Justice Fred M. Vinson and Associate Justices Stanley Forman Reed, Robert H. Jackson, and Harold Hitz Burton joined.
When Perlman attempted to close on a rousing note, reminding the Justices that this was wartime, Justices Jackson and Frankfurter immediately contradicted him, noting that Congress had not declared war.
Felix Frankfurter and Robert H. Jackson led one faction, which insisted upon judicial self-restraint and insisted courts should defer to the policymaking prerogatives of the White House and Congress.
Justice Hugo Black, Justice Felix Frankfurter and Justice Robert H. Jackson filed a dissent that was substantially similar to that made by Judge Maris in Appeal.

Frankfurter and systematic
" In the event, the Palmer Raids were criticised as unconstitutional by twelve publicly-prominent lawyers, including ( future Supreme Court Justice ) Felix Frankfurter, who published A Report on the Illegal Practices of The United States Department of Justice, documenting systematic violations of the Fourth, Fifth, Sixth, and Eighth Amendments to the U. S. Constitution via Palmer-authorised illegal acts ” and wanton violence ”.

Frankfurter and Gobitis
The opinion that Justice Felix Frankfurter had authored three years earlier in Gobitis rested on four arguments.
However, Frankfurter ignored the advice of his fellow justices, taking the overruling of his Gobitis decision as a personal affront and insisting on speaking his mind.
Justice Frankfurter had, in the Gobitis case, suggested that the Witnesses attempt to reverse the School Board's policy by exercising their vote.

Frankfurter and decision
The Lincoln Mills decision authorizes a whole new body of federal `` common law '' which, as Mr. Justice Frankfurter pointed out in dissent, leads to one of the following `` incongruities '': `` ( ( 1 ) conflict in federal and state court interpretations of collective bargaining agreements ; ;
In June 1987, Philip Elman, a civil rights attorney who served as an associate in the Solicitor General's office during Harry Truman's term, claimed he and Associate Justice Felix Frankfurter were mostly responsible for the Supreme Court's decision, and stated that the NAACP's arguments did not present strong evidence.
The Brown decision was a powerful moral statement clad in a weak constitutional analysis ; Warren was never a legal scholar on a par with Frankfurter or a great advocate of particular doctrines, as was Black.
Justice Felix Frankfurter wrote the majority decision ; in doing so, he relied primarily on the " secular regulation " rule, which weighs the secular purpose of a nonreligious government regulation against the religious practice it makes illegal or otherwise burdens the exercise of religion.
This was decided in a vote of 6-1, because before the decision could be announced, Justice Felix Frankfurter suffered a cerebral stroke that forced him to retire, and Justice Byron White took no part in the case.
Two of the justices involved in the decision had prior military experience, Justice Black as a Captain in the field artillery during WWI and Justice Frankfurter as a Major in the Army legal service ; however, there is no way to know if they were personally aware of the use of shotguns by American troops.
The Opinion of the Supreme Court was delivered by Felix Frankfurter with Justices Hugo Black and Rutledge taking no part in the discussion or decision.
Justice Frankfurter in Guaranty Trust Co. v. York, summarizes the main point of Erie differently ... " In essence, the intent of that decision was to ensure that, in all cases where a federal court is exercising jurisdiction solely because of the diversity of citizenship of the parties, the outcome of the litigation in the federal court should be substantially the same, so far as legal rules determine the outcome of a litigation, as it would be if tried in a State court ...." This suggests that Erie's main goal was to achieve equal protection under the law.
She told the Frankfurter Allgemeine Zeitung that " according to the decision provisionally release him, he is a stability factor for Kosovo.

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