1. Trang chủ
  2. » Văn bán pháp quy

Gale Encyclopedia Of American Law 3Rd Edition Volume 6 P16 ppsx

10 327 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 715,13 KB

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

Nội dung

Supreme Court analysts suggested that Kennedy might be appointed chief justice when Rehnquist died, Kennedy was not given the chief justice position.. Kennedy and Rose Fitzgerald Kennedy

Trang 1

legitimate means of interpretation Kennedy testified thatORIGINAL INTENTwas only a starting point in interpreting the Constitution In his Senate testimony, Kennedy stated his commit-ment to the principle of STARE DECISIS This principle refers to the respect for legal precedent created by prior cases and the need to maintain precedent even if the current judges do not agree with the original ruling

Kennedy was confirmed in February 1988, with many liberal members of Congress feeling that he was too conservative, and some con-servatives believing he was moderate, a com-promise candidate who could survive the confirmation process

Since taking office as associate justice, Kennedy has proved to be both conservative and moderate, depending on the case He has usually sided with the conservative members of the Court, but he has gained attention by departing from them in two important cases In Planned Parenthood of Southeastern Pennsylvania v Casey,

505 U.S 833, 112 S Ct 2791, 120 L Ed 2d 674 (1992), watchers had expected the Court to overrule explicitlyROE V.WADE, 410 U.S 113, 93 S

Ct 705, 35 L Ed 2d 147, the 1973 decision that defined the right to choose abortion as a fundamental constitutional right Kennedy joined with Justices Sandra Day O’Connor andDAVID H

of Roe and the line of cases that followed it

In 1996 Kennedy wrote a landmark and controversial decision concerning gay rights In

ROMER V.EVANS, 517 U.S 620, 116 S Ct 1620, 134

L Ed 2d 855, Kennedy declared unconstitu-tional an amendment to the Colorado state constitution (West’s C.R.S.A Const Art 2,

§ 30b) that prohibited state and local govern-ments from enacting any law, regulation, or

Anthony M.

Kennedy.

ROBIN REID,

COLLECTION OF THE

SUPREME COURT OF

THE UNITED STATES

◆ 1939–45

World War II

1950–53 Korean War

1961–73 Vietnam War

2000 Presidential election result uncertain due

to disputed Fla vote count; recount halted by

U.S Supreme Court with 5–4 vote in Bush v Gore

◆◆

1936 Born,

Sacramento,

Calif.

1975–88 Sat on Ninth Circuit Court

of Appeals

1979–90 Served on Committee on Pacific Territories of the U.S.

Judicial Conference; elected chair

in 1982

1979–87 Served on Admisory Committee on Codes of Conduct of the U.S Judicial Conference

1988 Appointed associate justice of U.S Supreme Court by President Reagan

1992 Joined majority in

Planned Parenthood of Southeastern Pennsylvania v.

Casey, which

affirmed basic reasoning of

Roe v Wade

2000 Wrote unanimous opinion in U.S v Locke, limiting state power to regulate environmental standards for oil tankers; voted with majority in Bush v Gore

1996 Wrote Romer v Evans decision, which struck down Colorado’s Amendment 2

1958 Graduated from Stanford University

1961 Earned LL.B from Harvard Law School

1965 Began teaching constitutional law at McGeorge School of Law, University of the Pacific

2003 Wrote majority opinion in Lawrence v Texas

2007 Wrote majority opinion in Gonzales v Carhart, upholding federal law criminalizing partial birth abortions

2008 Wrote majority opinion in Boumediene v Bush, giving habeas corpus rights to Guantanamo Bay prisoners

Trang 2

policy that would, in effect, protect the CIVIL

Kennedy ruled that the amendment violated the

classi-fied gay men and lesbians“not to further a proper

legislative end but to make them unequal to

everyone else,” and adding, “This Colorado

cannot do.”

Although considered a swing vote on closely

divided court, Kennedy has authored opinions

that enhance states’ police powers In Kansas v

Hendricks, 521 U.S 346, 117 S Ct 2072, 138 L

Ed.2d 501 (1997), Kennedy upheld a state law

that permitted the indefinite civil commitment of

“sexual psychopath” prisoners who had

complet-ed their prison terms In McKune v Lile, 536 U.S

24, 122 S Ct 2017, 153 L Ed 2d 47 (2002),

Kennedy concluded that that states can limit the

privileges of prisoners who refuse to divulge their

past crimes as part of a therapy program In

addition, he has supported the constitutionality

of sex-offender registry lists, compulsory drug

testing of public-school students who wish to

participate in extracurricular activities, and“three

strikes” mandatory-sentencing schemes InBUSH

V.GORE, 531 U.S 98, 121 S Ct 525, 148 L.Ed.2d

388 (2000), Kennedy voted with the majority to

bar Florida from conducting a recount of

presidential ballots, thereby ensuring the election

ofGEORGE W.BUSH

a 6–3 decision in 2003, declared a Texas law that

prohibited sexual acts between same sex couples

unconstitutional JusticeANTHONY KENNEDY,

writ-ing for the majority, held that the right to

privacy protects a right for adults to engage in

private, consensual homosexual activity Justice

Kennedy’s opinion expressly overruled the

Court’s decision in Bowers v Hardwick (1986),

which had come to an opposite conclusion

In March 2005 Kennedy wrote the

major-ity opinion in a 5–4 U.S Supreme Court

ruling that said executing killers who were

under 18 when they committed their crimes

was unconstitutional

Some U.S Supreme Court analysts suggested

that Kennedy might be appointed chief justice

when Rehnquist died, Kennedy was not given the

chief justice position Whereas some argue that

Kennedy is not liberal enough for liberals, or

conservative enough for conservatives, others

point out that the centrist views that often make him the swing vote in cases dividing the Court might have made him attractive enough to survive the Senate nomination procedure with-out a major confirmation fight

FURTHER READINGS Amar, Akhil Reed 1997 “Justice Kennedy and the Idea of Equality ” Pacific Law Journal 28 (spring).

Freiwald Aaron 1987 “Portrait of the Nominee as a Young Man: As Lobbyist and Lawyer, Anthony Kennedy Thrived in Reagan ’s California.” Legal Times 23 (November).

Friedman, Lawrence M 1993 “The Limitations of Labeling:

Justice Anthony M Kennedy and the First Amend-ment ” Ohio Northern University Law Review 20 (winter).

Knowles, Helen J 2009 The Tie Goes to Freedom: Justice Anthony M Kennedy on Liberty Lanham, MD: Row-man & Littlefield Publishers.

Lane, Charles 2002 “Justice Kennedy’s Future Role Pondered ” Washington Post (June 17).

Maltz, Earl M 2000 “Justice Kennedy’s Vision of Federal-ism.” Rutgers Law Journal 31 (spring).

CROSS REFERENCE Gay and Lesbian Rights.

vKENNEDY, EDWARD MOORE

Massachusetts for 47 years, from 1962 to 2009

The brother of President JOHN F KENNEDY and SenatorROBERT F.KENNEDY, who were both assa-ssinated, he championed many liberal social programs, including NATIONAL HEALTH CARE, and was a major figure in theDEMOCRATIC PARTY His presidential aspirations were damaged because

of personal scandal

Edward Moore “Ted” Kennedy, the youn-gest of nine children of Joseph P Kennedy and Rose Fitzgerald Kennedy, was born February 22,

1932, in Brookline, Massachusetts He started at Harvard University in 1950, then left in 1951 to serve in the U.S Army He returned to college

in 1953 and graduated in 1956 He next attended the University of Virginia Law School, where he graduated in 1959 He married Virginia Joan Bennett in 1958 The couple had three children, Kara A., Edward M., Jr., and Patrick J They were divorced in 1983

In 1960 Kennedy became an assistant district attorney in Suffolk County, Massachu-setts He soon turned his eye toward politics

After his brother John was elected president in

1960 and had to resign from the U.S Senate, Kennedy filed in the 1962 election to fill out

Trang 3

John’s term His announcement led opponents

to criticize him for trading on the Kennedy name He was only 30 years old, the minimum age for a U.S senator set by the U.S Constitu-tion, and had little experience in politics or the workplace Nevertheless, Kennedy easily won the election He won a full six-year term in 1964 and was re-elected eight times until his death in 2009

Despite his youth, Kennedy soon emerged

as a forceful advocate of social-welfare legisla-tion and a respected member of the Senate

He was elected Senate majority whip in 1969, which was highly unusual for a person with little seniority Kennedy appeared ready to make

a presidential bid in 1972 But any hopes in that direction were dashed in the summer of 1969, when his personal conduct became a national scandal

On July 18, 1969, Kennedy attended a party with friends and staff members on Chappa-quiddick Island, Massachusetts That evening, Kennedy drove his car off a narrow bridge on the island Mary Jo Kopechne, a passenger in the car and former member of his brother Robert’s staff, drowned Kennedy’s actions following the accident were disturbing He did not immediately report what had happened, and he remained in seclusion for days He pleaded guilty to the MISDEMEANOR charge of leaving the scene of an accident This PLEA, coupled with the revelation that he, a married man, had been in the company of a young, unmarried woman, devastated Kennedy’s image and political standing He lost his majority whip position in 1971 and refused to become involved in the 1972 presidential race

During the 1970s Kennedy concentrated his energies on his senatorial duties He became the leading advocate of a national health care system that would provide coverage to every citizen without regard to income He also

Ted Kennedy.

AP IMAGES

1932 Born,

Brookline,

Mass.

1939–45 World War II

1950–53 Korean War

1961–73 Vietnam War

1951–53 Served in U.S Army

1959 Earned LL.B from University of Virginia Law School

1960 Became asst district attorney in Suffolk County, Mass.; brother John F Kennedy elected U.S president

1962 Elected to John F Kennedy’s U.S Senate seat

1963 John

F Kennedy assassinated

1968 Robert

F Kennedy assassinated

1969 Elected Senate majority whip; involved in controversial car accident at Chappaquiddick (Mass.)

1979–80 Ran unsuccessful campaign for president

1979–81 Chaired Senate Judiciary Committee

2006 Elected to eighth Senate term

2002 Inducted into American Academy

of Arts & Sciences

◆ ◆

◆❖

2009 Awarded Presidential Medal of Freedom

2006 Received National Association of Public Hospitals and Health Systems Lifetime Achievement Award

2008 Helped break Republican filibuster of Medicare bill

2009 Died, Hyannis Port, Mass.

Trang 4

argued for tax reform, arms control, and

stronger antitrust laws From 1979 to 1981, he

chaired the SENATE JUDICIARY COMMITTEE He

initially supported the administration of

Demo-cratic presidentJIMMY CARTER, but soon criticized

Carter’s economic policies and leadership style

His dissatisfaction led him to seek the

presidential nomination in 1980 Running

against an incumbent of his own party,

Kennedy drew the support of liberals and won

primaries in ten states Carter nevertheless won

the nomination However, already weakened by

Kennedy’s criticisms, Carter lost the general

election toRONALD REAGAN

During the administrations of Reagan and

his successor, GEORGE H.W BUSH, Kennedy

became the leading liberal critic of Republican

policies and politics

Kennedy’s personal life continued to attract

attention in the 1990s In March 1991, Kennedy’s

nephew, William Kennedy Smith, was charged

with RAPE in Palm Beach, Florida The alleged

compound Palm Beach police asserted that

Kennedy had obstructed justice by misleading

police early in their investigation When police

arrived to investigate, they were told that

Kennedy and Smith had already left the area

Later investigation of travel records indicated

that Kennedy probably was still in the mansion

at the time Although Smith was acquitted of the

charge in December 1991, the nationally

tele-vised trial again tarnished Kennedy’s reputation

In July 1992 Kennedy married Victoria Reggie,

a Washington, D.C., lawyer

Despite differing public opinions, Kennedy

remained a powerful member of the U.S

Senate In 1996 he sponsored legislation with

Republican Senator Nancy Kassebaum of

Kan-sas that madeHEALTH INSURANCEportable, so that

families would not lose their health insurance

coverage if they lost or changed jobs

In 1999 Kennedy and his family suffered a

further tragic loss when a small airplane piloted

by his nephew John Kennedy, Jr went down in

the Atlantic Ocean near Martha’s Vineyard,

Massachusetts, killing John Kennedy, his wife,

and his sister-in-law Once again, Ted Kennedy

found himself playing the role of family

patriarch as he oversaw funeral arrangements

and consoled family members In the new

millennium, Kennedy continued his role as

senior senator, serving as the senior Democrat

on the IMMIGRATION Subcommittee of the Judiciary Committee and as a member of the Senate Arms Control Observer Group, a part of the Armed Services Committee

Kennedy’s persistence, collegiality, and long service won him friends on both sides of the aisle While on the Senate, he advocated for numerous causes, including raising theMINIMUM WAGE, strengthening CIVIL RIGHTS laws and laws aimed at protecting senior citizens and persons with disabilities, and tightening environmental and worker-safety laws

In 2007 Kennedy began suffering from health problems and underwent surgery to remove a blocked artery In May 2008 he suffered

a seizure and was diagnosed with a brain tumor, undergoing surgery that June Kennedy returned

to the Senate in July and helped break a Republican filibuster of a MEDICARE bill The determined senator left his hospital bed to be

a featured speaker on the opening night of the Democratic National Convention that August

In 2009, at an Inauguration Day luncheon for PresidentBARACK OBAMA, whom he had endorsed and supported, Kennedy suffered another seizure, and was later stabalized

2009 continued to be an important year, as Kennedy was awarded by President Barack Obama the Presidential Medal of Freedom, the highest civilian honor in the United States

That same month, his sister, Eunice Kennedy Shriver, known worldwide for her efforts with the mentally disabled, and for founding the Special Olympics, died at the age of 88 Kennedy also published a memoir, True Compass, in 2009

Before his death on August 25, 2009, only a few weeks after his sister’s death, the Senator, who had been re-elected to eight full terms, continued to be an advocate for health care, education, civil rights, immigration reform, raising the minimum wage, defending the rights

of workers and their families, assisting indivi-duals with disabilities, protecting the environ-ment, and safeguarding and strengthening

strong opponent of the war in Iraq He was chair of the Senate Health, Education, Labor and Pensions Committee, and also served on the Senate Armed Services Committee, where

he was Chairman of the Seapower Subcommit-tee At the time of his death, the debates about health care reform in the U.S continued to heat

AMERICA WAS AN IDEA SHAPED IN THE TURBULENCE OF REVOLUTION,THEN GIVEN FORMAL STRUCTURE IN A CONSTITUTION

—T ED K ENNEDY

Trang 5

up, which was an issue near and dear to his heart, and one that he always strived to solve

His death signified, according to the media

as well as family and friends, the end of an era for the Kennedy clan

FURTHER READINGS Kennedy, Edward M 2009 True Compass: A Memoir New York: Hachette Book Group.

“A Private Return to the Sea.” 1999 Minneapolis Star Tribune (July 23).

Senator Edward Kennedy Senate site Available online at kennedy.senate.gov (accessed on August 18, 2009).

CROSS REFERENCE Health Care Law.

vKENNEDY, JOHN FITZGERALD John Fitzgerald Kennedy was the 35thPRESIDENT

admin-istration had few legislative accomplishments, Kennedy energized the United States by pro-jecting idealism, youth, and vigor

Kennedy was born May 29, 1917, in Brookline, Massachusetts His father, Joseph P

Kennedy, was a self-made millionaire and the son of a Boston politician His mother, Rose Fitzgerald Kennedy, was the daughter of John F

(“Honey Fitz”) Fitzgerald, who served as a Representative and a mayor of Boston

Kennedy, one of nine children, graduated from Harvard University in 1940 His senior thesis, “Why England Slept,” which addressed

the reasons why Great Britain had been unprepared for WORLD WAR II, was published in

1940 to great acclaim His father thought that Kennedy would become a writer or teacher, and that Kennedy’s older brother, Joseph P Ken-nedy, Jr., would go into politics World War II changed those plans

Kennedy joined the Navy in 1941 and commanded a PT boat in the Pacific Ocean

In 1943, the boat was attacked and destroyed, and Kennedy emerged a as hero, owing to his valiant efforts to save his crew His older brother Joseph was killed in action in 1944 Kennedy’s father then transferred his political goals to Kennedy

In 1946 Kennedy was elected to the U.S House of Representatives from the solidly Democratic Eleventh District of Massachusetts

He was re-elected in 1948 and 1950

In 1952 he was elected to the Senate, defeating the incumbent, Republican HENRY

at first, working on legislation that benefited Massachusetts Back problems and other phy-sical maladies bedeviled Kennedy during this period He underwent two operations on his back, to alleviate chronic pain During his convalescence, he wrote Profiles in Courage (1956), a series of essays on courageous stands taken by U.S senators throughout U.S history

It won the 1957 Pulitzer Prize for biography

In 1956 Kennedy sought the Democratic vice presidential nomination He made the

1917 Born, Brookline, Mass.

1914–18 World War I

1940 Graduated from Harvard University

1943 PT boat attacked and destroyed in Pacific Ocean

1939–45 World War II

1941–45 Served in U.S Navy 1946–52 Served in U.S House

1950–53 Korean War

1956 Profiles in

Courage

published; won Pulitzer Prize for biography

1952–60 Served

in U.S Senate

1960 Elected president of the United States;

appointed his brother Robert U.S.

attorney general

1961 Failed Bay of Pigs invasion;

summit meeting with Nikita Khrushchev

1961–73 Vietnam War

1968 Brother Robert Kennedy assassinated during campaign for president

1964 Civil Rights Act

of 1964 passed

1963 Assassinated by Lee Harvey Oswald in Dallas, Tex.

1962 Cuban Missile Crisis

Trang 6

presidential nominating speech for ADLAI

second time to run against DWIGHT D

the vice presidential nomination to Senator

Estes Kefauver, of Tennessee

In 1957 Kennedy was appointed to the

Senate Foreign Relations Committee, where he

became a critic of the Eisenhower

administra-tion’s foreign policy and a champion for

increased aid to underdeveloped countries He

also served on the committee that investigated

corruption and RACKETEERING in labor unions

and the head of the Teamsters Union, JAMES R

HOFFA

In 1960 Kennedy won the Democratic

presidential nomination He selected Senator

mate After a vigorous campaign that included

television debates with Republican RICHARD M

120,000 popular votes He was the youngest

American ever to be elected president, as well

as the first Roman Catholic to hold the office

His impressive inaugural speech contained the

popular phrase “Ask not what your country

can do for you—ask what you can do for your

country.”

Once in office, Kennedy drafted a series of

ambitious measures that were collectively

enti-tled the New Frontier These policies included

expanding the space program, instituting CIVIL

the tax system, and providing medical care for

older citizens through the SOCIAL SECURITY

program Most of the New Frontier programs

failed to progress through a Congress that was

dominated by southern Democratic leadership,

but many were enacted by President Johnson

following Kennedy’s assassination

The Kennedy administration was enmeshed

in a series of foreign crises almost immediately

In April 1961 Kennedy was severely criticized

for approving an ill-fated invasion of the Bay

of Pigs, in Cuba This clandestine operation,

conceived during the Eisenhower

administra-tion, was conducted by anti-Communist Cuban

exiles who had been trained in the United

States, and it was directed by the CENTRAL

public notoriety when it failed and created

international tension

In June 1961 Kennedy and Premier Nikita Khrushchev, of the Soviet Union, met in Vienna

to discuss ways of improving Soviet-U.S

relations Instead of proceeding with those discussions, Khrushchev announced an in-creased alliance with East Germany Later, the Berlin Wall was constructed to prohibit West-ern influence and to prevent persons from fleeing East Germany In response, the United States added to its military forces in Germany

The most serious crisis occurred in October

1962, when the U.S learned that Soviet missiles were about to be placed in Cuba Kennedy issued a forceful statement demanding the dismantling of the missile sites and ordered a blockade to prevent the delivery of the missiles

to Cuba The world was poised for nuclear war until Khrushchev backed down and agreed to Kennedy’s demands Kennedy’s handling of the crisis led to national acclaim

U.S involvement in Southeast Asia began to increase during the Kennedy administration

Kennedy agreed to send U.S advisers to help the South Vietnamese government fight Com-munist rebels In 1963 the United States became involved in overthrowing the corrupt and unscrupulous South Vietnamese government

of President Ngo Dinh Diem

On the domestic front, Kennedy interacted with a newly invigoratedCIVIL RIGHTS MOVEMENT

John F Kennedy LIBRARY OF CONGRESS

Trang 7

that was seeking to integrate the South In 1961 federal marshals were sent to Montgomery, Alabama, to help restore order after race riots had erupted In 1962 Kennedy sent 3,000 federal troops into Oxford, Mississippi, to restore order after whites rioted against the University of Mississippi’s admission of JAMES MEREDITH, its first African American student In 1963 Ken-nedy was forced to federalize the Alabama

Univer-sity of Alabama Later that year, he federalized the Guard again, in order to integrate the public schools in three Alabama cities

Faced with these problems, Kennedy pro-posed legislation requiring that hotels, motels, and restaurants admit customers regardless of race He also asked that the U.S attorney general be given authority to file lawsuits demanding the desegregation of public schools

Most of these proposals were passed in the Civil Rights Act of 1964 (42 U.S.C.A § 2000a et seq.)

Kennedy’s achievements during his brief term as chief executive included an agreement with the Soviet Union to restrict nuclear testing

to underground facilities; the creation of the Alliance for Progress, to establish economic programs to aid Latin America; and the creation

of the Peace Corps program, which provides U.S

volunteers to work in underdeveloped countries

On November 22, 1963, Kennedy’s term was ended by an assassin’s bullets in Dallas, and Johnson was sworn in as president Lee Harvey Oswald was charged with the MURDER Oswald was killed two days later by Dallas nightclub owner JACK RUBY, while being moved from the city jail to the county jail Johnson appointed

a commission headed by Chief Justice EARL

In its report, issued in September 1964, the commission concluded that Oswald had acted alone in murdering Kennedy

Kennedy’s assassination has remained one

of the nation’s most heated controversies Many people were initially doubtful of the report’s conclusions, and the skepticism has grown over time Thousands of articles and books have been written that challenge the commisssion’s findings and allege that agencies of the federal government withheld information from the commission and that the commission itself concealed evidence that contradicted its con-clusions In 1978 and 1979, the House Select Committee on Assassinations re-examined the

evidence and concluded that Kennedy “was probably assassinated as a result of a conspiracy.” Nevertheless, critics charged that vital informa-tion remained withheld from the public In

an effort to restore government credibility, Congress enacted the PresidentJOHN F.KENNEDY

Assassination Records Collection Act of 1992,

44 U.S.C.A § 2107, which established the Assassination Records Review Board, an inde-pendent federal agency whose mission was to identify and release as many records relating to the assassination as possible The board com-pleted its work in 1998, releasing thousands of documents relating to the events on, and leading to, November 22, 1963 However, no conclusive evidence has surfaced to indicate the true assassin or any other individuals who participated in the assassination

Kennedy married Jacqueline Bouvier in

1953 They had two surviving children, Caroline and John F Kennedy Jr Following Kennedy’s death, the activities of Jacqueline and the two children remained part of the American con-sciousness In 1968 Jacqueline married wealthy Greek businessman Aristotle Onassis, who died

in 1975 She worked as an editor with Double-day until her death in 1994 John F Kennedy Jr emerged as a popular media figure, and in 1995

he founded the now-defunct political magazine George However, like his father, the junior Kennedy died an early, tragic death when he was killed in a plane crash along with his wife and sister-in-law in 1999

FURTHER READINGS Anderson, Catherine Corley 2004 John F Kennedy Minneapolis: Lerner.

Kovaleff, Theodore P 1992 “The Two Sides of the Kennedy Antitrust Policy.” Antitrust Bulletin 37 (spring) Raatma, Lucia 2002 John F Kennedy Minneapolis, MN: Compass Point.

Schlesinger, Arthur M 2000 John F Kennedy, Commander

In Chief: A Profile In Leadership New York: Gramercy CROSS REFERENCES

Cuban Missile Crisis; “Inaugural Address” (Appendix, Primary Document); Limited Test Ban Treaty; Warren Commission.

vKENNEDY, ROBERT FRANCIS For more than 25 years in public service,

most important political and legal develop-ments of his time The younger brother, by five years, of President JOHN F KENNEDY, in

THE RIGHTS OF EVERY

MAN ARE DIMINISHED

WHEN THE RIGHTS OF

ONE MAN ARE

THREATENED

—J OHN F K ENNEDY

Trang 8

whose cabinet he served, Bobby Kennedy held

a number of roles in government: assistant

counsel (1953–55) and chief counsel (1955–57)

to the Senate Permanent Subcommittee on

Investigations, chief counsel of the Senate

Rackets Committee (1957–59), U.S attorney

general (1960–63), and finally U.S senator from

New York (1965–68) His major endeavors

included probing union corruption in the 1950s

and implementing White House policy on the

assassinated in 1968, like his brother before

him, while campaigning for the presidency

Born into one of the United States’ most

powerful political dynasties, on November 20,

1925, in Brookline, Massachusetts, Kennedy was

the third son of Joseph P Kennedy and Rose

Fitzgerald Kennedy Great things were expected

of the Kennedy sons, and the means were

provided: $1-million trust funds, entrance to

the Ivy League, and later, leverage to see that they

held government positions Kennedy’s father, a

business magnate and former U.S ambassador to

Great Britain, doted on the shy, bookish, and

devoutly Catholic young man His father thought

Kennedy was most like himself: tough

Kennedy was educated at Harvard College,

interrupting his studies to serve inWORLD WAR II

as a Navy lieutenant, following the death of his

eldest brother, Joseph Patrick Kennedy, Jr.,

in the war He served aboard the destroyer

Joseph P Kennedy until being discharged in

1946, then returned to Harvard, where he

played football and earned his bachelor of arts

degree in 1948 He next traveled briefly to

Palestine as a war correspondent MARRIAGE

to Ethel Skakel followed in 1950, and a law degree from the University of Virginia in 1951

Kennedy and his wife had eleven children over the next eighteen years

Kennedy’s rapid ascent in national politics began immediately upon his admission to the Massachusetts bar in 1951 He first joined the Criminal Division of the U.S.JUSTICE DEPARTMENT

as a prosecutor The next year he managed his brother John’s senatorial campaign, and in early

1953 he was appointed an assistant counsel to the Senate Permanent Subcommittee on Inves-tigations, which became the bully pulpit for the

1925 Born,

Brookline, Mass.

1939–45 World War II

1944–46 Served

in U.S Navy

1948 Earned A.B from Harvard University

1951 Earned LL.B.; joined Justice Department's Criminal Division

1952 Ran brother John's first Senate campaign

1950–53 Korean War

1953–56 Served as counsel to the Senate Permanent Subcommittee

on Investigations

1957–60 Served as chief counsel of Senate Select Committee on Improper Activities

1961–73 Vietnam War

1965–68 Served as U.S senator from N.Y.

1968 Assassinated after campaign rally in Los Angeles, Calif.

1964 Pursuit of Justice published

1960–64 Served as U.S attorney under JFK and beginning of Lyndon Johnson's term

1960 Ran brother John's successful presidential

campaign; The Enemy Within published

1964 Civil Rights Act

of 1964 passed

Robert Kennedy LIBRARY OF CONGRESS

Trang 9

anti-Communist witch-hunts of its chairman, Senator JOSEPH R MCCARTHY Kennedy worked under McCarthy’s foremost ally, Chief Counsel

ship-ping to Communist China, before resigning over disgust with McCarthy in mid-1953

Historians view his role in theRED SCAREcreated

by the proceedings to have been very limited, although some have argued that Kennedy was initially blind to Senator McCarthy’s agenda

Kennedy rejoined the subcommittee in 1954, and became its chief counsel and staff director

in 1955

Under the new leadership of Senator JOHN

atten-tion to labor RACKETEERING Kennedy focused

on corruption in the International Brotherhood

of Teamsters Heading a staff of 65 investi-gators, he squared off against the union’s presidents, David Beck and JAMES R HOFFA, in dramatic public hearings at which he often was accompanied by his brother John Kennedy and the subcommittee believed the union had con-nections toORGANIZED CRIME; the union viewed Kennedy as a show-off who was persecuting it for his own political benefit The union leaders frequently took theFIFTH AMENDMENT, refusing to answer questions under Kennedy’s relentless grilling Beck resigned and was later convicted;

Kennedy became a national figure The hearings began a long-running feud between Kennedy and Hoffa that would continue into the 1960s

Kennedy later devoted considerable resources

of the Justice Department to prosecuting Hoffa, ultimately convicted in 1964 for jury tampering,

Teamster benefit fund

In 1960 Kennedy managed his brother John’s presidential campaign His reward was the position of attorney general, an appoint-ment that brought widespread criticism of the president-elect for nepotism But Kennedy’s brother stood behind his decision, and thus began a relationship unique in presidential history: Throughout foreign policy crises in Cuba and Vietnam, domestic unrest overCIVIL

function-ing of the White House, Kennedy served as his brother’s closest adviser The two also shared a common problem in the person of Director

J Edgar Hoover, of the FEDERAL BUREAU OF

them while intensifying the FBI’s domestic spying during the Kennedy administration

The greatest crisis facing Attorney General Kennedy was the civil rights movement The slow pace of change had frustrated civil rights leaders and mounting violence—from beatings

to murder—brought pleas to the White House for intercession to protect demonstrators During the Freedom Rides of 1961, for example, when busloads of black activists sought to integrate bus stations in the South, the movement’s leaders appealed for help Kennedy dispatched Justice Department representatives to Alabama; asked for assurances of protection from Governor John Patterson, of that state; and brought suit to win

a court order on behalf of the riders The administration was reluctant to do more because

of concerns about limitations on federal power Then in May 1961, after more terrible assaults

on the activists in Montgomery, Alabama, the attorney general dispatched 500 federal marshals

to Alabama Yet the protection rendered did not stop local authorities from arresting, jailing, and beating activists

The reluctance of the White House to intercede more forcefully had a political rationale

as well: the new Kennedy administration had won election by a small margin that included southern support As critics have noted, concerns about federal authority did not stop the attorney general from later authorizing Director Hoover

to place wiretaps on the ReverendMARTIN LUTHER KING,JR., whom the pro-civil rights White House treated as an ally Hoover’s concerns about King’s alleged Communist ties affected the Kennedys As Kennedy later told an interviewer,

“We never wanted to get very close to him just because of these contacts and connections that

he had, which we felt were damaging to the civil rights movement.” Nor did Kennedy balk at approving the appointment of William Harold Cox, an outspoken racist, as a district judge in Mississippi, for reasons of political expediency, although he later regretted having done so In time, Kennedy and the president took bolder steps—in 1962, sending five thousand federal marshals to quell rioting in Mississippi, after

enter the state’s university, and later, securing King’s release from jail in Birmingham, Alabama

1963 changed the course of Kennedy’s life Besides grieving the loss of his brother, he found he worked uncomfortably under

Justice Department In 1964 he won election in

SOME MEN SEE

THINGS THAT ARE,

AND ASK‘WHY?’ I

SEE THINGS THAT

NEVER WERE,AND

ASK‘WHY NOT?’

—R OBERT F K ENNEDY

Trang 10

New York to the U.S Senate, where he served as

a liberal voice until announcing his own bid for

the presidency in 1968

Emphasizing a commitment to the concerns

of young people, black citizens, and the nation’s

poor, the Kennedy campaign inspired radicals,

the working class, and the dispossessed

Kenne-dy’s opposition to the war in Vietnam was

passionate On a television broadcast, he said:

Do we have a right here in the United States to

country for what it can be and for the justice it

stands for

Kennedy’s candidacy sharply divided the

for the nomination, EUGENE MCCARTHY Kennedy

had won primaries in Indiana, Nebraska, and

finally California, when he was shot at a

campaign function on June 4, 1968, by Sirhan

Sirhan, a Palestinian immigrant who said his

motive was the candidate’s support for Israel

The secondMURDERof a Kennedy, following hard

on the April 1968 assassination of King, was an

immeasurable shock to the nation It seemed to

many to sound the death knell of an era

Kennedy’s contribution to U.S law is

complex In the 1950s he helped expose

corruption in the nation’s unions, but critics

have subsequently treated his very personal

pursuit of Hoffa as an exercise not only in

justice but in vendetta When he headed the

Justice Department in the early 1960s, his

advocacy of civil rights had practical limitations

imposed by political necessities and legitimate

concerns about the balance of state and federal

authority; groundbreaking civil rights legislation would, of course, follow in the years after his tenure It was as a candidate for president that

he may have been his most memorable, an ardent and inspirational voice Through his opposition to theVIETNAM WAR and his support for the disadvantaged, he offered the promise of

a new idealism in politics

FURTHER READINGS Edwards, Owen Dudley 1984 “Remembering the Kenne-dys ” Journal of American Studies 18, no 3 (December).

Guthman, Edwin O., and Jeffrey Shulman, eds 1991 Robert Kennedy in His Own Words: The Unpublished Recollec-tions of the Kennedy Years New York: BDD Promo-tional Books.

Mills, Judie 1998 Robert Kennedy: His Life Brookfield, CT:

Millbrook.

Schlesinger, Arthur M., Jr 2002 Robert Kennedy and His Times Boston: Mariner.

Thomas, Evan 2002 Robert Kennedy: His Life New York:

Simon & Schuster.

vKENT, JAMES James Kent was a U.S attorney, judge, and scholar who played a central role in adapting the common law of England into the common law of the United States As a justice and later chief justice of the New York Supreme Court and a chancellor of the New York Court of Chancery (then the highest judicial officer in New York), Kent wrote many decisions that became foundations of nineteenth-century law

Kent’s great legal treatise Commentaries on American Law (1826–30) offered the first comprehensive analysis of U.S law

Kent was born July 31, 1763, in Putnam County, New York In 1777 he entered Yale University The Revolutionary War periodically

1763 Born, Putnam County, New York

1765–69 Blackstone's Commentaries

on the Laws of England published

1775–83 American Revolution

1777–81 Attended Yale University

1790–93 Served in New York state legislature

1785 Admitted to New York bar; began law practice in Poughkeepsie

1798 Joined bench of New York Supreme Court

1806 Became chief justice of New York Supreme Court

1814 Appointed chancellor of the New York Court

of Chancery

1793 Moved law practice to New York City; appointed first professor of law at Columbia University

1826–30

Commentaries

on American Law published

1823 Forced to retire from bench at age 60; returned to private practice and professorship at Columbia

1847 Died, New York City

THE DIGNITY OR INDEPENDENCE OF OURCOURTS IS NO MORE AFFECTED BY ADOPTING[ENGLISH JUDICIAL PRECEDENTS],THAN

IN ADOPTING THE

ENGLISH LANGUAGE

—JAMES KENT KENT, JAMES 147

Ngày đăng: 06/07/2014, 22:20

TỪ KHÓA LIÊN QUAN

🧩 Sản phẩm bạn có thể quan tâm