1. Trang chủ
  2. » Văn bán pháp quy

Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P18 pot

10 302 0
Tài liệu đã được kiểm tra trùng lặp

Đang tải... (xem toàn văn)

THÔNG TIN TÀI LIỆU

Thông tin cơ bản

Định dạng
Số trang 10
Dung lượng 642,82 KB

Các công cụ chuyển đổi và chỉnh sửa cho tài liệu này

Nội dung

House of Representatives 1896 First ran for president; lost to Republican William McKinley 1898 Spanish-American War 1908 Ran for president a third time; lost to William Howard Taft 1914

Trang 1

the Illinois Constitutional Convention during

1869 and 1870 As a lawyer, Browning specialized

in cases involving the Midwestern railroad system Browning died August 10, 1881, in Quincy, Illinois

BRYAN TREATIES Beginning in 1913, U.S SECRETARY OF STATE

bilateral treaties for the “Advancement of Peace.” The basic aim of these bilateral treaties was to prevent war by interjecting a conciliation process into a dispute between parties to the treaty Each signatory nominated two members, one a national and one a foreign citizen, to a permanent commission These four would then choose a fifth member who could not be a national of either state The commission would review the underlying facts to the dispute and issue a report on the controversy within one year Until the report was issued the parties agreed to refrain from resorting to hostilities It was hoped that this process and the inherent delay in issuing a report would lessen tension and preclude resort to armed force to settle the dispute, although each was free to do so after the report was issued Eventually forty-eight of these treaties were concluded, but few disputes were ever submitted to any of the commissions

vBRYAN, WILLIAM JENNINGS William Jennings Bryan was a prominent figure

in U.S politics during the late nineteenth and early twentieth centuries, and is perhaps best known for his role as assistant to the prosecution

in the famousSCOPES MONKEY TRIALof 1925

Bryan was born March 19, 1860, in Salem, Illinois His was a devoutly religious family that prayed together three times a day and stressed strict adherence to a literal interpretation of the Bible His parents, Silas Lilliard Bryan and Mariah Elizabeth Jennings Bryan, were firm believers in education His mother schooled Bryan and his siblings in their home until they were old enough to be sent away to school

Bryan was an obedient and well disciplined child who was also idealistic His favorite subject was math because of its orderly reason and logic He showed early interest in politics and public speaking, and at the age of twelve delivered a campaign speech for his father, who ran unsuccessfully for Congress It was the

beginning of a distinguished career as an orator for Bryan

In 1875 Bryan was sent to live in Jackson-ville, Illinois, to attend the Whipple Academy and Illinois College During college, he partici-pated in debate and declamation and excelled at long jumping He graduated from college in

1881 and went on to Union College of Law, in Chicago In 1883 he returned to Jacksonville and on July 4 opened a law practice He married his sweetheart of five years, Mary Elizabeth Baird, on October 1, 1884 Bryan’s young wife proved to be an intellectual match for her husband After the couple settled in Jackson-ville, she took classes at Illinois College, a practice unheard of for a married woman at the time She later studied law under Bryan’s instruction, and was admitted to the bar in Nebraska in 1888

Bryan had always yearned to go west, to test himself against the frontier In 1887 he and his wife moved to Lincoln, Nebraska, where he entered a law partnership with a friend The Bryans became active in civic affairs, and started separate discussion groups for men and women where the subject was often politics Bryan also began lecturing on religious topics In 1890, he succumbed to his interest in politics and entered his first campaign for public office He was the Democratic candidate for Congress from

a staunchly Republican district in Nebraska, but

he won the election by a comfortable margin and was reelected in 1892 He made a bid for the Senate in 1894 but was defeated He then turned

to journalism and became editor in chief of the Omaha World-Herald By this time, he had developed a reputation as a compelling speaker and was in demand for the popular Chautauqua lecture circuit (The Chautauqua movement combined education with entertainment, often offered outdoors or in a tent; it took its name from the Chautauqua Lake region in New York, where it originated.)

During his campaign for the Senate, Bryan took up the free silver cause, a political movement that advocated the free coinage of silver Free silver advocates, mainly indebted farmers in the West and South, wanted the government to issue more money, backed by silver, to ease the debts they were unable to repay because of declining farm prices The money interests in the East favored sound money and the gold standard These opposing

THE HUMBLEST

CITI-ZEN OF ALL THE LAND,

WHEN CLAD IN THE

ARMOR OF A

RIGH-TEOUS CAUSE,IS

STRONGER THAN ALL

THE HOSTS OFERROR

—W ILLIAM J ENNINGS

B RYAN

158 BRYAN TREATIES

Trang 2

forces clashed in the 1896 presidential

cam-paign Bryan emerged as the nominee of four

parties: the Democratic, Populist, Silver

Repub-lican, and National Silver parties At the

Democratic National Convention in Chicago,

he made his famous “Cross of Gold” speech,

in which he cast himself as a champion of

the common person against the forces of

the powerful and privileged He passionately

declared that those he referred to as the idle

holders of money in Wall Street were

responsi-ble for the United States’ financial woes

Bryan campaigned tirelessly, traveling over

eighteen thousand miles to deliver his

electrify-ing speeches In the end, he lost to WILLIAM

vote But the foundation had been laid for his

lifelong themes: the people versus the power of

wealth, the workers versus the powerful money

holders, the farmers versus the industrial

inter-ests These themes echoed throughout his later

attempts to win the presidency

After serving as a colonel in a noncombat

position during theSPANISH-AMERICAN WAR, Bryan

ran for president again in 1900, this time on an

anti-expansion theme that was rejected by

voters By 1904 he was falling out of favor with

Democrats He waged a long and exhausting

fight to be nominated for president that year,

but in the end was content that he had at least

influenced the party platform enough so that it

included nothing he found objectionable Then

the party nominated Alton B Parker, who

promptly announced that he was in favor of a

gold standard Parker lost the election to

party’s renunciation of his free silver position, but he rebounded and was nominated for president a third time, in 1908 He ran a strong campaign but lost toWILLIAM HOWARD TAFT After the 1908 election, Bryan realized he would never be president Neverthess, he continued to influence DEMOCRATIC PARTY poli-cies, and in 1912 he supported Woodrow Wilson’s candidacy for president After Wilson was elected, he selected Bryan as his SECRETARY

years when his pacifist ideas conflicted with Wilson’s policies on U.S involvement inWORLD

William Jennings Bryan.

LIBRARY OF CONGRESS

1875

1860 Born, Salem, Ill.

1861–65 U.S Civil War

1881 Graduated from Illinois College

1887 Moved to Lincoln, Nebr.

1890 Elected to U.S House

of Representatives

1896 First ran for president; lost to Republican William McKinley

1898 Spanish-American War

1908 Ran for president a third time; lost

to William Howard Taft

1914–18 World War I

1925 Joined Scopes trial prosecution;

died, Tennessee

1920 Volstead Act enforced Prohibition

1919 19th Amendment granted women the right to vote

1912–14 Served as secretary of state under President Wilson

1939–45 World War II BRYAN, WILLIAM JENNINGS 159

Trang 3

WAR I After Bryan left the cabinet, his political influence declined rapidly

During his later years Bryan continued his work in the newspaper business and was a popular lecturer on the Chautauqua circuit

He helped gain passage of the EIGHTEENTH

helped the suffragette movement win the vote for women with passage of the NINETEENTH

During the last few years of his life, Bryan wrote numerous articles on religious topics He felt that World War I was at least partly caused by a pervasive“godlessness” sweeping the world To Bryan, this godlessness was nowhere more clearly reflected than in Darwin’s theory of the evolution

of the species Bryan traveled around the United States preaching a literal interpretation of the Bible and campaigning for laws that banned the teaching of evolution One such law, passed in Tennessee, prohibited teachers in state-supported schools and universities from teaching any theory

of the origin of human life other than the creation story contained in the Bible

In 1925 a science teacher named John Thomas Scopes violated the law and was brought

to trial Hoping for publicity, the state asked Bryan to join the prosecution He agreed, and found himself facingCLARENCE DARROW, a famous defense attorney who was a self-proclaimed atheist, an opponent ofCAPITAL PUNISHMENT, and

a defender of unpopular causes The trial quickly took on the air of a circus, with reporters and photographers from all over the world and the first live radio coverage of such an event broadcast by WGN in Chicago The media cast the proceeding as a contest between science and the Bible The defense tried to frame the issue as tolerance for new ideas Ultimately, however, the prosecution persuaded the judge to confine the case to a question of the state’s right to control public education

Sensing that he was losing control of the trial, Darrow decided to try to unravel the state’s case by calling Bryan as a witness He intended to lead Bryan away from the prosecu-tion’s carefully framed issue into a defense of fundamental biblical interpretation Bryan, whose trial experience had been limited, and who was feeling tired and ill, fell into Darrow’s trap and was ridiculed and humiliated by the flamboyant attorney’s searing and skillful ques-tions After Bryan’s TESTIMONY, the trial was

abruptly ended, depriving Bryan of the oppor-tunity to answer Darrow’s stinging offense Nevertheless, the jury deliberated a mere eight minutes before returning a guilty verdict The Scopes trial was a victory for Bryan and his supporters, but he had been devastated by Darrow He stayed in Tennessee to finalize and print the speech he had planned to use in

after the trial ended, on July 26, 1925, while still

in Tennessee, Bryan died in his sleep As a train bearing his body passed through the country-side on its way to Washington, D.C., thousands

of the “common people” Bryan had cham-pioned gathered to pay their respects The nation’s capital was in official mourning as Bryan lay in state At his request, he was buried with full military honors at Arlington National Cemetery, an ironic footnote to the life of a fervent pacifist

Although Bryan never won the country’s top office, he exerted a strong influence during his long career in public service Many of the reforms he advocated were eventually adopted, such as INCOME TAX, prohibition, women’s

own-ership, and the election of Senators by popular rather than electoral vote Although he is most often associated with the Scopes trial, his diligent devotion to the causes in which he believed is his most significant legacy

FURTHER READINGS Anderson, David D 1981 William Jennings Bryan Boston: Twayne.

Cherny, Robert W 1994 A Righteous Cause: The Life of William Jennings Bryan Norman: Univ of Oklahoma Press.

Koenig, Louis W 1971 Bryan: A Political Biography of William Jennings Bryan New York: Putnam CROSS REFERENCE

Scopes Monkey Trial.

vBRYANT, WILLIAM BENSON William Benson Bryant was a federal judge whose decisions influenced the outcomes of several famous legal battles of the 1970s Bryant was born September 18, 1911, in Wetumpka, Alabama He moved to Washing-ton, D.C., with his family when he was a child and attended District of Columbia public schools He graduated from Howard University with a bachelor of arts degree in 1932, and went

160 BRYANT, WILLIAM BENSON

Trang 4

on to earn his bachelor of laws degree from

Howard University Law School in 1936 After

law school, Bryant worked for the Works

Progress Administration (WPA) and later for

the Bureau of Intelligence at the Office of War

Information He joined the U.S Army in 1943,

and attained the rank of lieutenant colonel

before his discharge in 1947

Bryant started a law practice in Washington,

D.C., in 1948 He left private practice to become

an assistant in the office of the U.S attorney for

the District of Columbia from 1951 to 1954

After resigning that post, he joined the law

firm of Houston, Bryant, and Gardner, in

Washington, D.C., where he worked from

1954 to 1965 As a criminal defense attorney,

Bryant argued and won the Supreme Court case

of Mallory v United States, 354 U.S 449, 77 S Ct

1356 (1957) Following Mallory, police could no

longer use confessions of criminal defendants

that were secured during long and unnecessary

delays between arrest andARRAIGNMENT

Bryant became a law professor at Howard

University in 1965, the same year President

bench With his appointment, Bryant became

the first African American to serve as a judge at

the federal district court level

During his tenure on the bench, Bryant

presided over several high-profile trials In May

1972 he overturned the election of W A

(“Tony”) Boyle as president of the United Mine

Workers (Hodgson v United Mine Workers of

America, 344 F Supp 17 [D.D.C.]) Boyle’s

election was challenged by supporters of his

opponent, Joseph A Yablonski, who had been

found murdered along with his wife and

daughter three weeks after he lost the 1969 election to Boyle Bryant found sufficient evi-dence of wrongdoing by Boyle and his supporters

to nullify the election He ordered the union to hold another election, to be conducted under court supervision Boyle was subsequently defeated by Arnold Miller, a Yablonski supporter, and in 1974, was convicted ofMURDERfor having ordered Yablonski’s killing

Bryant also made several key decisions regarding participants in the scandals that devastated the administration of President

Herbert L Porter, a former aide in Nixon’s reelection campaign, to 15 months in prison for lying to the FEDERAL BUREAU OF INVESTIGATION

(FBI) during its investigation of the WATERGATE

break-in and subsequent cover-up In Novem-ber 1974, he ordered White House counsel Philip W Bucher to produce audiotapes of Oval

William B Bryant.

COURTESY OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

1911 Born,

Wetumpka,

Ala.

1914–18

World War I

1936 Graduated from Howard University Law School

1939–45 World War II

1950–53 Korean War

1961–73 Vietnam War

1943 Joined U.S Army

1948 Started private law practice in Washington, D.C.

1951 Became assistant in the office of U.S Attorney for the District of Columbia

1957 Argued

Mallory v United States before U.S.

Supreme Court

1954 Returned to private practice

1965 Joined Howard Law School faculty;

appointed to U.S

District Court for the District of Columbia

1974 Sentenced Herbert Porter, former Nixon aide, to 15 months for lying to the FBI

1989 Upheld ruling

in favor of INSLAW

in Inslaw, Inc v.

United States

1982 Assumed senior status

1995 Placed Washington, D.C jail health services

in receivership

2003 Issued ruling ending District Court’s 32-year oversight of the D.C jail

2005 William B Bryant Courthouse Annex opened to public; died, Washington, D.C.

IDO NOT BELIEVE THAT TESTING VIRTUE

IS A FUNCTION OF LAW ENFORCEMENT IF,AFTER AN ILLEGAL OFFER IS MADE,THE SUBJECT REJECTS IT THE GOVERNMENT CANNOT PRESS ON

—W ILLIAM B ENSON

B RYANT

BRYANT, WILLIAM BENSON 161

Trang 5

Office meetings that took place May 1–5, 1971.

The order was part of a CLASS ACTION suit brought against the U.S government on be-half of eight hundred antiwar protesters The plaintiffs alleged that government officials violated their civil liberties and suspended due process when they ordered the arrest of nearly 12,000 protesters who marched on the White House on May 1 Most of the arrests in the so-called Mayday Rally were later found to be unlawful

In 1982, after a long and distinguished career on the federal bench, Bryant attained the rank of senior judge One of his best-known decisions since then was his 1989 ruling upholding a federalBANKRUPTCYjudge’s decision

in a case involving the U.S.JUSTICE DEPARTMENT The case centered on INSLAW, a software company that had contracted with the depart-ment to provide a case-managedepart-ment software program INSLAW claimed that the department was using the software even though it had not paid for it—a situation that had forced the company into bankruptcy A federal bankruptcy judge agreed and ordered the Justice Depart-ment to pay INSLAW $8 million in damages

Bryant upheld this ruling on APPEAL; the ruling was also upheld by higher courts (although the Justice Department did get the $8 million judgment set aside)

In the 2000s Bryant continued to preside over noteworthy cases In March 2003 he issued

a ruling that ended the U.S District Court’s 32-year oversight of the D.C jail Overcrowd-ing, building safety issues, and problems with the quality of medical services for inmates led to the filing of two cases that compelled the court

to assume oversight in the 1970s: Campbell v

McGruder, 416 F.Supp 106 (D.D.C., Nov 5, 1975) (No CIV 1462-71; 2) and Inmates of

D.C Jail v Jackson, 416 F.Supp 119 (D.D.C May 24, 1976) (No CIV 75-1668) The D.C Department of Corrections worked to reverse problems at the jail by launching comprehen-sive programs to improve environmental and safety conditions and raise the standards

of medical and mental health care services

By 2002 conditions at the jail had improved significantly, and its medical and psychiatric services had achieved national accreditation Bryant’s ruling, noted D.C mayor Anthony Williams, was proof that the jail had passed“the toughest muster of the federal court system.”

In 2004 Bryant’s fellow judges unanimously recommended that the nine-courtroom annex

to the federal courthouse, then under construc-tion, be named after him, despite a D.C policy against naming buildings after people who are still alive The William B Bryant Courthouse Annex opened to the public in October 2005 Though he had to use a walker in his last years, Bryant continued to drive himself to work at the courthouse, where he joked that he felt like part of the woodwork because he had been there so long He continued to work until only a week before his death at age 94, on November

14, 2005 The previous year, Bryant had heard more cases than any other judge in the district court

FURTHER READINGS Ploski, Harry A., and James Williams, eds 1989 The Negro Almanac Detroit: Gale Research.

Spradling, Mary M., ed 1980 In Black and White Detroit: Gale Research.

Weisberg, Jacob 1990 “Computer Trouble: Another Fine Meese Mess ” New Republic (September 10).

vBRYCE, JAMES James Bryce, also known as the Viscount Bryce

of Dechmont, was born May 10, 1838, in

1850

1838 Born, Belfast, Ireland

1862 Received B.A.

from Oxford University

1861–65 U.S Civil War

professorship in civil law at Oxford

1886 Served as undersecretary

of foreign affairs

1880–1907 Served as member of Parliament

1888 American Commonwealth published

1905–06 Served as chief secretary of Ireland

1913 Participated

in Hague Tribunal

1919 League of Nations formed

1907–13 Served as ambassador to the United States

1922 Died, Sidmouth, Devonshire, England

1921 Modern Democracies

published

162 BRYCE, JAMES

Trang 6

Belfast, Ireland He attended Glasgow and

Heidelberg Universities and received a bachelor

of arts degree from Oxford University in 1862

After hisADMISSION TO THE BARin 1867, Bryce

practiced law for the next fifteen years He

accepted a professorship at Oxford in 1870,

where he taughtCIVIL LAW until 1893

Bryce entered Parliament in 1880 and

remained a member until 1907 During this

time, he also performed diplomatic duties—

serving as undersecretary of foreign affairs in

1886 and chief secretary for Ireland from 1905

to 1906 From 1907 to 1913, he acted as

ambassador to the United States

In 1913 Bryce participated at the HAGUE

established in the Netherlands AfterWORLD WAR

I, he was active in the formation of theLEAGUE OF

NATIONS

Bryce gained fame for his numerous

pub-lications, including The Holy Roman Empire:

The American Commonwealth, which was

pub-lished in 1888 and was an important work

concerning American government; and Modern

Democracies, published in 1921 He died

January 22, 1922, in Sidmouth, Devonshire,

England

vBUCHANAN, JAMES

James Buchanan achieved prominence as a

statesman and as the fifteenthPRESIDENT OF THE

UNITED STATES

Buchanan was born April 23, 1791, near

Mercersburg, Pennsylvania A graduate of

Dickinson College in 1809, Buchanan was

admitted to the Pennsylvania bar in 1812 before

serving a tour of duty in theMILITIA during the

and joined the Pennsylvania House of Repre-sentatives in 1814

In 1821 Buchanan began his career in federal politics, representing Pennsylvania in the U.S House of Representatives until 1831

Later that year, he extended his interests to the field of foreign service and performed the duties

of U.S minister to Russia for a two-year period

He returned to Congress in 1834 and repre-sented Pennsylvania in the U.S Senate for the next eleven years From 1845 to 1849, he served

as U.S.SECRETARY OF STATEand reentered foreign service in 1853 as U.S minister to Great Britain until 1856

1800

1791 Born, near Mercersburg, Pa.

1809 Graduated from Dickinson College

1812–14 Served in War of 1812

1814 Elected to Pa

House of Representatives

1821 Elected to U.S House of Representatives

1834 Elected to U.S Senate

1845 Became secretary of state under President James Polk

1853–56 Served as U.S.

minister to Great Britain

1856 Elected president of the United States with strong Southern support

1868 Died, Lancaster, Pa.

1865 Lincoln assassinated 1861–65

U.S Civil War

1861 Retired from politics; Abraham Lincoln became the next president

WHAT IS RIGHT AND WHAT IS PRACTICABLE ARE TWO DIFFERENT THINGS

—J AMES B UCHANAN

James Buchanan.

LIBRARY OF CONGRESS

BUCHANAN, JAMES 163

Trang 7

Buchanan became unpopular in 1854 with his involvement in the creation of the Ostend Manifesto, which provided for the purchase by the United States of Cuba from Spain; if Spain refused to sell, the manifesto gave the United States the right to seize the country forcibly

Cuba would then become a slave state, which was viewed favorably by Southerners, but which met with vehement opposition by abolitionists

The manifesto was eventually rejected by the

As a presidential candidate in 1856, Bucha-nan adopted a moderate attitude towardSLAVERY

and worked to establish a balance between the proslavery forces and the abolitionists He believed that slavery was immoral, but that the Constitution provided for the protection of the practice in areas where it already existed

New states, he believed, should have the right to choose whether to be free or slave

He won great support from the South, and after his election Buchanan unsuccessfully attempted to reconcile the strife between the warring factions He again advocated the acquisition of Cuba and favored the admission

of Kansas as a slave state, which earned him disfavor with the northern free states The strife between North and South continued, and Buchanan was unable to prevent the SECESSION

of South Carolina that led to the outbreak of the Civil War He opposed secession but believed that he did not possess the power to compel states to remain faithful to the Union When

presi-dent in 1861 the country was ready for civil war

Buchanan retired to Pennsylvania where he died June 1, 1868, in Lancaster

vBUCHANAN, PATRICK JOSEPH Political commentator, White House appointee, and presidential candidatePATRICK JOSEPH BUCHA-NANis a leader of far-right conservatism From modest beginnings as a journalist in the early 1960s, Buchanan became an influential voice in

relations capacity under three presidents— Richard M Nixon,GERALD R.FORD, and Ronald Reagan—before running for president himself

in 1992 His hard-line positions on ABORTION,

IMMIGRATION, and foreign aid, as well as his battle cry for waging a “cultural war” in the United States, failed to wrest the nomination from George H W Bush Buchanan tried for the presidency twice more, in 1996 and 2000, but again failed to gain the support of his party Often the subject of controversy for his writings and speeches, Buchanan is the founder of a political organization called the American Cause, whose slogan is America First

Born November 2, 1938, in the nation’s capital, Buchanan was the third of nine children

of William Baldwin Buchanan and Catherine E Crum Buchanan He grew up under the shaping influences of Catholicism and conservatism, both the hallmarks of his father, a certified publicACCOUNTANT Buchanan’s brilliance at the Jesuit Gonzaga College High School earned him the honor of class valedictorian and a scholar-ship to Georgetown University In his senior

1938 Born,

Washington,

D.C.

1939–45 World War II

1950–53 Korean War

1961–73 Vietnam War

1961 Graduated from Georgetown University

1962 Began writing for St.

Louis Globe Dispatch

1969–73 Served

as special assistant to President Nixon

1975 Became syndicated columnist

for New York Times

1978 Joined

Chicago Tribune

News Service as syndicated columnist

1982–85 Served as panelist on CNN's

Crossfire

and PBS's

McLaughlin Group

1988 Published autobiography, Right from the Beginning; rejoined McLaughlin Group

2002 Co-founded

and edited American Conservative magazine

2008 Churchill, Hitler, and the Unnecessary War published

2000 Ran for president

as candidate of national Reform Party 1996–99

Co-host, CNN's

Crossfire

1992 Unsuccessfully challenged President Bush for Republican nomination, gave keynote speech at national convention

1996 Unsuccessfully challenged Senator Robert Dole for Republican presidential nomination

2000 Presidential election result uncertain due to disputed Florida vote count; recount halted by U.S Supreme Court with 5–4

vote in Bush v Gore

164 BUCHANAN, PATRICK JOSEPH

Trang 8

year of college, the English and philosophy

major was already developing the sharp,

confrontational style that would mark his

professional life He broke his hand scuffling

with police officers over a traffic incident and

was suspended from Georgetown for a year He

nonetheless finished third in his class in 1961

He received a master’s degree in journalism

from Columbia University in 1962

Like other conservative politicians of his

generation, notably Senator JESSE HELMS (R-NC)

and President Reagan, Buchanan began with a

career in the media, which led into politics He

spent three years writing conservative editorials

for the St Louis Globe-Democrat before being

introduced to Nixon at a dinner party Nixon

soon hired the 28-year-old Buchanan as an

assistant in his law firm Buchanan wrote

speeches for Nixon’s 1968 presidential campaign,

worked as his press secretary, urged him to

choose Spiro T Agnew as a running mate, and,

after the election, became his special assistant

This last position involved reporting on what the

news media said about the administration It was

an increasingly thankless job Buchanan believed

that bad news about the VIETNAM WAR, youth

of a biased liberal media He fought back and is

widely thought to have written Vice President

Agnew’s famous antipress speech in 1969

attack-ing the “small and unelected elite” whose

opinions were critical of the president

Buchanan escaped the taint that brought

down Nixon, in part because he refused to help

Nixon aides in their so-called dirty tricks

campaign Buchanan declined to smear Daniel

Ellsberg—the former defense analyst who

leaked the classified documents known as the

Pentagon Papers to the New York Times, and

whose psychiatrist’s office Nixon aides broke

into, helping to set in motion the Watergate

scandal In fact, Buchanan later strongly

defended the president and denounced the

conspirators at U.S Senate hearings This

and, more important, as evidently knowing little

about the vast extent of the administration’s

illegalities Unlike other Nixon insiders, he did

not need to rehabilitate his reputation after

Nixon left office He remained in the White

House under President Ford until 1975

Between 1975 and 1985, Buchanan

estab-lished a national reputation He wrote a

syndicated column that criticized liberals, gays, feminists, and particularly the administration of President JIMMY CARTER He also made forays into radio and television BROADCASTING, found-ing what would later become the political debate program Crossfire on the Cable News Network (CNN) He rarely pulled punches;

liberals and even some conservatives regarded him as a reactionary, but he won an audience with his appeals to traditional values

Although he was earning a reported annual income of $400,000 for his writing and work in radio and television, Buchanan jumped at the offer to serve as director of communications during the second term of President Reagan

The job was a conservative activist’s dream:

Besides shaping Reagan’s public image, Bucha-nan had constant access to the president’s ear

Buchanan reportedly used this access to spur Reagan on to taking tougher positions—such as vetoing a farm bailout bill and lavishly praising the anti-Sandinista Contra rebels fighting in Nicaragua as“the moral equal of our Founding Fathers.”

Presidential aspirations drew Buchanan into the 1992 race He was even better known than

in the 1980s as the result of his nightly

Pat Buchanan.

AP IMAGES

BUCHANAN, PATRICK JOSEPH 165

Trang 9

appearances on CNN’s Crossfire, where he sparred with his liberal colleague Michael E

Kinsley PresidentGEORGE H.W.BUSH’s popularity among Republicans was waning, especially in light of a sluggish economy Moreover, Bucha-nan offered a clearly tougher platform than Bush, whom he considered a tepid moderate

“It seemed to me that if we’re going to stand for anything,” he told the Washington Times,

“conservative leaders had to at least raise the banner and say,‘This is not conservatism.’”

Buchanan’s campaign combined populism, nationalism, and social conservatism He advocated limits on immigration, restrictions

on trade, and isolationism in foreign policy, while opposing abortion rights,GAY AND LESBIAN

had in his role as a pundit, the candidate provoked He ran TV ads featuring gay dancers, and he toured the South criticizing the Voting Rights Act (42 U.S.C.A §§ 1971 et seq.) and reassuring southerners that hanging the Confed-erate flag from public buildings was acceptable free expression

Buchanan’s critics attacked Liberals ac-cused him of xenophobia, racism, and homo-phobia Conservatives sometimes came to his defense, but not always Michael Lind, editor of the conservative journal the National Interest, wrote that Buchanan represented “conserva-tism’s ugly face.” Charges of anti-Semitism followed Buchanan’s use of the phrase “Israel and its amen corner” in attacking U.S

intervention in the Persian Gulf War, and among those critical of him was the prominent conservative author and Catholic William F

Buckley Jr Buchanan denied the charges; he said he was being tarred for supporting John Demjanjuk, who was accused, then later cleared, of being the Nazi war criminal Ivan the Terrible

Small flaps attended the Buchanan cam-paign regularly—one day he was announcing that English immigrants would assimilate better than Zulus and the next calling for beggars to

be removed from the streets The most severe criticism came in August 1992 after his speech

at the GOP national convention First he knocked the Democratic Party’s convention as

a gathering of“cross-dressers.” Then he called for a“cultural war” in which U.S citizens, like

Angeles riots, “must take back our cities, and

take back our culture, and take back our country.”

Typical of the liberal response was an editorial in the New Republic criticizing Buchanan for advocating “militarized race war” (Washington Times July 19, 1993) Mario

M Cuomo, former governor of New York, confronted Buchanan on the CBS program Face the Nation, asking, “What do you mean by

‘culture’? That’s a word they used in Nazi Germany.” William J Bennett, former secretary

of education, accused Buchanan of“flirting with fascism.” Buchanan defended himself, blaming secular humanism, Hollywood, the National Endowment for the Arts, and public schools for creating an “adversary culture” contrary to traditional values

Despite Bush’s winning the nomination handily, Buchanan’s influence did not wane Two years later, the themes of his candidacy found expression in the Contract with Amer-ica’s insistence on a CONSTITUTIONAL AMENDMENT

allowing school PRAYER and in a call for a crackdown on immigration Moreover, in 1995, his“cultural war” message could be heard from nearly every Republican presidential candidate, especially Bob Dole Meanwhile, Buchanan announced a second run for the White House, campaigning on the same strong conservative positions he had advanced in his campaign in

1992 Though he stayed in the race until the end, Buchanan lost the Republican nomination for president to Dole by a large margin

In 2000, Buchanan made a third run for the presidency, this time on the Reform ticket with Ezola Foster, an African American woman Buchanan’s capture of theREFORM PARTY

nomination caused a split with supporters of party founder Ross Perot who then ran their own candidate Both candidates did poorly

at the polls winning less than one percent of the votes

During the administration of GEORGE W

BUSH, Buchanan became one of Bush’s strongest critics, strongly opposing the invasion of Iraq and taking issue with many aspects of the so-called war on terror He also criticized Bush’s approach on immigration and free trade, although he reluctantly endorsed Bush over John Kerry in 2004

Buchanan continues to be a prolific writer

He has written numerous articles and writes a nationally syndicated newspaper column His

IF WE CAN SEND AN

ARMY HALFWAY

AROUND THE WORLD

TO DEFEND THE

BORDERS OF

KUWAIT,CAN’T WE

DEFEND THE

NATIONAL BORDERS

OF THEUNITED

STATES OF

AMERICA?

—P ATRICK B UCHANAN

166 BUCHANAN, PATRICK JOSEPH

Trang 10

books include Right from the Beginning (1988),

A Republic Not an Empire: Reclaiming America’s

Destiny (1999), The Death of the West: How

Dying Populations and Immigrant Invasions

Imperil Our Country and Civilization (2001),

Where The Right Went Wrong (2004), State of

Emergency: The Third World Invasion and the

Conquest of America (2006), and Churchill,

Hitler, and the Unnecessary War (2008), the last

in which he caused controversy by questioning

U.S involvement in WORLD WAR II In 2009

Buchanan published Day of Reckoning: How

Hubris, Ideology, and Greed Are Tearing America

Apart, in which he argues that U.S global

domination has ended Buchanan remains a

prominent figure in the media as a political

commentator and analyst on the MSNBC cable

network, having briefly had his own show on

the network with liberal commentator Bill Press

from 2002 until 2003 He also helped start The

American Conservative magazine in 2002

FURTHER READINGS

The American Cause Web site Available online at http://

www.theamericancause.org (accessed July 9, 2009).

The American Conservative Available online at http://www.

amconmag.com (accessed November 25, 2009).

Buchanan, Patrick J Day of Reckoning: How Hubris,

Ideology, and Greed Are Tearing America Apart New

York: St Martin ’s Press.

“Patrick J Buchanan.” MSNBC News Available online

at http://www.msnbc.msn.com/id/3080416 (accessed

Nov 25, 2009).

BUCK V BELL

In Buck v Bell, 274 U.S 200, 47 S.Ct 584, 71 L

Ed 1000 (1927), the U.S Supreme Court

upheld a Virginia state law that authorized the

forced sterilization of “feeble-minded” persons

at certain state institutions The case has been all

but expressly abrogated by later Supreme Court

opinions Justice Oliver Wendell Holmes Jr.,

considered by many to be a champion of civil

liberties, wrote the majority opinion for the

court

In 1924 the state of Virginia passed a law

that provided for the sterilization of “mental

defectives” and “feeble-minded” persons who

were confined to certain state institutions,

when, in the judgment of the superintendents

of those institutions, “the best interests of

the patients and of society” would be served

by their being made incapable of producing

offspring On January 23, 1924, a Virginia state

court adjudged 18-year-old Carrie Buck to be

“feeble-minded” within the meaning of the Virginia law and committed her to the Virginia State Colony for Epileptics and Feeble-Minded

Nine months later, A.S Priddy, then superintendent of the Virginia institution, petitioned the institution’s BOARD OF DIRECTORS

for an order compelling Buck to be sterilized by

a surgical operation known as salpingectomy (the cutting of the fallopian tubes between the ovaries and the womb, and the tying of the ends next to the womb) After giving Buck notice and the opportunity to be heard at a hearing in which evidence was presented supporting the requested order, the board of directors ap-proved the superintendent’sPETITION

Buck, her guardian, and her attorney challenged the Virginia sterilization law in the

Their lawsuit was filed against Dr J.H Bell, who had succeeded Priddy as superintendent of the institution The lawsuit raised two principle arguments

First, the suit maintained that the steriliza-tion law violated Buck’sSUBSTANTIVE DUE PROCESS

rights guaranteed by the Fifth and Fourteenth Amendments to the U.S Constitution The suit did not challenge the procedures by which Buck was ordered sterilized Instead, Buck and her representatives contended that the Due Process Clause guarantees all adults the constitutional right to procreate and that the Virginia law violated this right

Second, Buck’s representatives argued that the Virginia law violated the EQUAL PROTECTION

Clause of the FOURTEENTH AMENDMENT, which guarantees that the law treat similarly situated people alike The sterilization law failed to provide equal protection, they argued, because

it singled out“feeble-minded” patients at only certain state institutions identified in the statute, while having no application to“feeble-minded”

persons at other state institutions or to “feeble-minded” persons who were not committed or confined

The county court upheld the Virginia law and affirmed the sterilization order, and Buck and her representatives appealed to the Virginia Supreme Court of Appeals, which also affirmed

Buck v Bell, 143 Va 310, 130 S.E 516 (Va

1925) In affirming the lower court, the Virginia Supreme Court of Appeals said that neither the Equal Protection Clause nor the Due Process Clause were designed to interfere with the

BUCK V BELL 167

Ngày đăng: 06/07/2014, 21:21

TỪ KHÓA LIÊN QUAN

🧩 Sản phẩm bạn có thể quan tâm