Misplaced Pages

#498501

137-468: The Act was sponsored by Senators Pat McCarran ( D - Nev. ) and Homer Ferguson ( R - Mich. ). The McCarran–Ferguson Act does not itself regulate insurance, nor does it mandate that states regulate insurance. It provides that "Acts of Congress" which do not expressly purport to regulate the "business of insurance" will not preempt state laws or regulations that regulate the "business of insurance." Specifically, concerning federal antitrust laws, it exempts

274-454: A " textualist " and as a " strict constructionist ". While the text of the Constitution was an absolute limitation on the authority of judges in constitutional matters, within the confines of the text judges had a broad and unqualified mandate to enforce constitutional provisions, regardless of current public sentiment, or the feelings of the justices themselves. Thus, Black refused to join in

411-528: A Bill of Rights like ours survives and its basic purposes are conscientiously interpreted, enforced, and respected   ... I would follow what I believe was the original intention of the Fourteenth Amendment—to extend to all the people the complete protection of the Bill of Rights. To hold that this Court can determine what, if any, provisions of the Bill of Rights will be enforced, and if so to what degree,

548-430: A Maddox victory though he had trailed Callaway by some three thousand votes in the general election returns. Douglas also saw the issue as a continuation of the earlier decision Gray v. Sanders , which had struck down Georgia's County Unit System , a kind of electoral college formerly used to choose the governor. Black argued that the U.S. Constitution does not dictate how a state must choose its governor. "Our business

685-521: A Senate committee's investigation of lobbying practices. He publicly denounced the "highpowered, deceptive, telegram-fixing, letterframing, Washington-visiting" lobbyists, and advocated legislation requiring them to publicly register their names and salaries. In 1935, during the Great Depression , Black became chairman of the Senate Committee on Education and Labor, a position he would hold for

822-616: A Senator, McCarran served as chairman of the Senate Committees on the District of Columbia ( 77th and 78th Congresses) and Judiciary ( 78th , 79th , 81st , and 82nd Congresses). He also served as co-chairman of the Joint Committee on Foreign Economic Cooperation ( 81st United States Congress ). Although both were Democrats, McCarran came into increasing opposition with President Franklin D. Roosevelt over patronage decisions,

959-607: A bachelor's degree in 1901 and a master's degree in 1915. In fact, he never received a bachelor's degree, and he was awarded an honorary Master of Arts from Nevada State University in 1915. He also received an honorary LL.D. from Georgetown University in 1943 and an honorary LL.D. from the University of Nevada in 1945. McCarran ran for the Nevada Assembly in 1902 as a free silver Democrat with encouragement from his political science professor Anne Henrietta Martin . He

1096-414: A clerk later asked how Black could justify this, he replied: 'A wise judge chooses, among plausible constitutional philosophies, one that will generally allow him to reach results he can believe in—a judge who does not to some extent tailor his judicial philosophy to his beliefs inevitably becomes badly frustrated and angry.   ... A judge who does not decide some cases, from time to time, differently from

1233-492: A federal take-over of insurance regulation alarmed state regulators, and thirty-five states had filed amicus curiae briefs supporting the decision of the district court. State insurance regulators and insurance executives complained to Congress that the decision would upset the extensive system of state regulation and taxation (as Justice Jackson had warned), even though Attorney General Biddle denied any such intent. In response to this decision, on March 9, 1945, Congress passed

1370-564: A fraud on this country and the United Nations". McCarran believed that the United States and the rest of its allies fighting under the United Nations banner in Korea should have fought on until all of Korea was unified under the leadership of President Syngman Rhee , which led him to see the armistice as a sort of American defeat. In June 1952, McCarran joined Francis Walter in sponsorship of

1507-517: A justice from January 1913 to January 1917. In January 1917, he succeeded Frank Herbert Norcross as chief justice. He was an unsuccessful candidate for reelection in 1918 and left office in January 1919. Both during his time on the court and afterwards, McCarran continued to play a central role in Nevada's state government, as well as its legal and criminal justice systems. From 1913 to 1918, he served on

SECTION 10

#1732844632499

1644-606: A keener sense of the limitations that go with them." Conservative Judge Robert Bork wrote, "Justice Black came to have significantly more respect for the limits of the Constitution than Justice Douglas and the other leading members of the Warren majorities ever showed." One scholar wrote, "No Justice of the Court conscientiously and persistently endeavored, as much as Justice Black did, to establish consistent standards of objectivity for adjudicating constitutional questions." Black advocated

1781-536: A narrow interpretation of federal power. Many New Deal laws that would have been struck down under earlier precedents were thus upheld. In 1939 Black was joined on the Supreme Court by Felix Frankfurter and William O. Douglas . Douglas voted alongside Black in several cases, especially those involving the First Amendment , while Frankfurter soon became one of Black's ideological foes. From 1945 until 1971, Black

1918-436: A narrow role of interpretation for justices, opposing a view of justices as social engineers or rewriters of the Constitution. Black opposed enlarging constitutional liberties beyond their literal or historic "plain" meaning, as he saw his more liberal colleagues do. However, he also condemned the actions of those to his right, such as the conservative Four Horsemen of the 1920s and 1930s, who unsuccessfully attempted to overturn

2055-496: A nation. Some of the immigration provisions of the act were later superseded by the 1965 Immigration Act , but the power of the government to deny visas for ideological reasons remained on the books another 25 years after that. In 1903, McCarran married Harriet Martha "Birdie" Weeks (1882–1963). They were the parents of four daughters and one son. Samuel McCarran became a doctor and worked in Reno. Margaret and Mary became members of

2192-583: A national minimum wage and a maximum workweek of thirty hours. Although the bill was initially rejected in the House of Representatives, an amended version of it, which extended Black's original maximum workweek proposal to forty-four hours, was passed in 1938 (after Black left the Senate), becoming known as the Fair Labor Standards Act . Black was an ardent supporter of President Franklin D. Roosevelt and

2329-468: A person's body, in this case a blood sample taken while the suspect was unconscious. Black held an expansive view of legislative power, whether that be state or federal, and would often vote against judicial review of state laws that could be struck down under the Commerce Clause. Previously, during the 1920s and 1930s, the court had interpreted the commerce clause narrowly, often striking down laws on

2466-504: A prominent champion of civil liberties and civil rights. Alabama governor Bibb Graves appointed his own wife, Dixie B. Graves , to fill Black's vacated Senate seat. On Black's first day on the bench, three lawyers contested Black's appointment on the basis of the Ineligibility Clause . The court dismissed this concern in the same year in Ex parte Levitt . As soon as Black started on

2603-606: A reputation as a tenacious investigator. In 1934, he chaired the committee that looked into the contracts awarded to air mail carriers under Postmaster General Walter Folger Brown , an inquiry which led to the Air Mail scandal . To correct what he termed abuses of "fraud and collusion" resulting from the Air Mail Act of 1930, he introduced the Black–McKellar Bill, later the Air Mail Act of 1934. The following year he participated in

2740-463: A right of privacy was implicit in the Ninth or Fourteenth amendments, and dissented from the court's 1965 Griswold decision which invalidated a conviction for the use of contraceptives . Black said "It belittles that [Fourth] Amendment to talk about it as though it protects nothing but 'privacy'   ... 'privacy' is a broad, abstract, and ambiguous concept   ... The constitutional right of privacy

2877-547: A senator nominated for an executive or judicial office was confirmed immediately and without debate. However, on this occasion, the nomination was referred to the Judiciary Committee . Black was criticized for his presumed bigotry, his cultural roots, and his Klan membership, when that became public. But Black was a close friend of Walter Francis White , the black executive secretary of the NAACP , who helped assuage critics of

SECTION 20

#1732844632499

3014-558: A teenager from Nevada who stole 150 volumes from the Library of Congress and mutilated hundreds of books. In 1942, McCarran pressured the State Department to engage in a prisoner exchange to return the son of a Reno couple who had been captured by the Japanese at Wake Island. McCarran's reputation as a man who could "get things done" translated into substantial support at the polls. In

3151-619: Is a bit irresponsible" and a "publicity hound," but praised him for his attacks on the Truman administration. In 1951, in an interview with the U.S. News , McCarran expressed his belief that the American Communist Party had engaged in "infiltration" of the media, churches, university faculties, unions and "nationality groups." In 1950, McCarran was the chief sponsor of the McCarran Internal Security Act , which required

3288-711: Is among the most distinctive of any members of the Supreme Court in history and has been influential on justices as diverse as Earl Warren , and Antonin Scalia. Black's jurisprudence had three essential components: history, literalism, and absolutism. Black's love of history was rooted in a lifelong love of books, which led him to the belief that historical study was necessary for one to prevent repeating society's past mistakes. Black wrote in 1968 that "power corrupts, and unrestricted power will tempt Supreme Court justices just as history tells us it has tempted other judges." Second, Black's commitment to literalism involved using

3425-455: Is intrinsically wrong, and no one who would save Christian civilization may collaborate with it in any undertaking." McCarran supported the war effort after the United States entered the conflict following the Japanese attack on Pearl Harbor. McCarran's positions on several key committees, most notably Appropriations and Judiciary, gave him significant influence that he used to obtain federal funding for Nevada. Outside of Nevada, McCarran had

3562-682: Is not commerce," and "contracts of insurance are not commerce at all, neither state nor interstate." Those cases, however, dealt with the negative implications of the Commerce Clause, i.e. , whether the business was "interstate commerce" such that the individual states could not regulate it. The South-Eastern Underwriters case, however, involved the question whether the business of insurance was "interstate commerce" sufficient to allow Congressional regulation. The Supreme Court, in United States v. South-Eastern Underwriters Association , 322 U.S. 533 (1944), 4-3 decision written by Justice Hugo Black , reversed

3699-428: Is not found in the Constitution." Justice Black rejected reliance on what he called the "mysterious and uncertain" concept of natural law . According to Black that theory was vague and arbitrary, and merely allowed judges to impose their personal views on the nation. Instead, he argued that courts should limit themselves to a strict analysis of the actual text of the Constitution. Black was, in addition, an opponent of

3836-435: Is not to write laws to fit the day. Our task is to interpret the Constitution", Black explained. Black was noted for his advocacy of a textualist approach to constitutional interpretation. He took a "literal" or absolutist reading of the provisions of the Bill of Rights and believed that the text of the Constitution is absolutely determinative on any question calling for judicial interpretation, leading to his reputation as

3973-587: Is soft, heavy, and not a good conductor." McCarran Boulevard in Reno is named for Pat McCarran, as is McCarran Street in North Las Vegas . Harry Reid International Airport in Las Vegas was named after Senator McCarran prior to December 14, 2021. For some time, many Nevada politicians had supported removing his name from the airport due to his antisemitic and racist beliefs. U.S. Senator Harry Reid said McCarran

4110-664: Is to frustrate the great design of a written Constitution. In a 1968 public interview, reflecting on his most important contributions, Black put his dissent from Adamson "at the top of the list, but then spoke with great eloquence from one of his earliest opinions in Chambers v. Florida (1940). Black intensely believed in judicial restraint and reserved the power of making laws to the legislatures, often scolding his more liberal colleagues for what he saw as judicially created legislation. Conservative justice John M. Harlan II would say of Black: "No Justice has worn his judicial robes with

4247-519: The 81st Field Artillery , and attained the rank of captain as the regimental adjutant. When the regiment departed for France, its commander was ordered to return to Fort Sill to organize and train another regiment, and he requested Black as his adjutant. The war ended before Black's new unit departed the United States, and he returned to law practice. He joined the Birmingham Civitan Club during this time, eventually serving as president of

McCarran–Ferguson Act - Misplaced Pages Continue

4384-603: The Communist Party and affiliated organizations to register with the Attorney General and established the Subversive Activities Control Board to investigate possible communist subversion and communist front organizations. The act also gave the government power to imprison people "likely" to be spies, saboteurs, and "subversives" without trial (though those imprisoned could appeal to a review board) if

4521-587: The McCarran Internal Security Act , restricting the political activities of those supporting "totalitarian dictatorship" in the United States. Other significant legislation McCarran sponsored includes the Immigration and Nationality Act of 1952 , sometimes referred to as the McCarran-Walter Act, and the McCarran–Ferguson Act , a landmark law exempting the insurance industry from federal regulation, and

4658-515: The McCarran–;Walter Act , a law that abolished racial restrictions found in United States immigration and naturalization statutes going back to the Naturalization Act of 1790 and also imposed more rigid restrictions on quotas for immigrants entering the United States. McCarran's antisemitism was also reflected in his view on immigration; he actively opposed efforts to permit survivors of

4795-569: The New Deal . In particular, he was an outspoken advocate of the Judiciary Reorganization Bill of 1937 , popularly known as the court-packing bill, FDR's unsuccessful plan to expand the number of seats on the Supreme Court. Throughout his career as a senator, Black gave speeches based on his belief in the ultimate power of the Constitution. He came to see the actions of the anti-New Deal Supreme Court as judicial excess; in his view,

4932-599: The Order of Dominican Sisters . Norine was a longtime employee of the Library of Congress. Patricia became the wife of Edwin Parry Hay of Maryland. Mary left the order in 1957 and became an investment broker, art studio owner, and author. McCarran died in Hawthorne, Nevada , on September 28, 1954, collapsing of a heart attack following a speech he gave at a political rally. McCarran

5069-580: The Second New Deal , and foreign policy. During his first term, McCarran engaged in a major struggle for the control of patronage appointments relating to federal projects in Nevada with his Democratic colleague Key Pittman . As Nevada was a poor state and badly hit by the Great Depression, there was considerable competition for patronage appointments, and control of patronage was a major political tool. President Roosevelt tended to side with Pittman,

5206-509: The Securities and Exchange Commission to close down the country's corrupt electric holding companies. Black gave a dramatic speech on this four-decade-long political battle. Critics of Black's lobbying committee in leading newspapers, such as the Washington Post and Chicago Tribune , described his investigative methods as both "inquisitorial" and "terroristic" and charged that his goal

5343-658: The Supreme Court of the District of Columbia (later renamed the District Court of D.C.) granted an injunction prohibiting the committee from any further examination of more telegrams on the grounds that they secured though against unreasonable search and seizure: "This subpoena goes way beyond any legitimate exercise of the right of subpoena duces tecum." In 1937 he sponsored the Black–Connery Bill, which sought to establish

5480-568: The United States Senate from Alabama, following the retirement of Senator Oscar Underwood . Since the Democratic Party had dominated Alabama politics since disenfranchising most blacks (and Republicans) at the turn of the century, Black easily defeated his Republican opponent, E. H. Dryer , winning 80.9% of the white vote. He was reelected in 1932, winning 86.3% of the vote against Republican J. Theodore Johnson . Senator Black gained

5617-773: The United States Supreme Court in 1965 and 1967. As chairman of the Judiciary Committee, McCarran created and chaired the Senate Internal Security Subcommittee to investigate supposed communist spies and sympathizers within the Franklin D. Roosevelt and Harry S. Truman administrations. In acrimonious hearings in February 1951, McCarran questioned Institute of Pacific Relations researcher Owen Lattimore , whom Senator McCarthy accused of being

McCarran–Ferguson Act - Misplaced Pages Continue

5754-500: The " Living Constitution " theory. In his dissent to Griswold (1965), he wrote: I realize that many good and able men have eloquently spoken and written, sometimes in rhapsodical strains, about the duty of this Court to keep the Constitution in tune with the times. The idea is that the Constitution must be changed from time to time, and that this Court is charged with a duty to make those changes. For myself, I must, with all deference, reject that philosophy. The Constitution makers knew

5891-429: The "business of insurance" as long as the state regulates in that area, with the proviso that cases of boycott , coercion , and intimidation remain prohibited regardless of state regulation. By contrast, most other federal laws will not apply to insurance whether the states regulate in that area or not. Until the middle of the 19th century, insurance largely went unregulated in the United States. In 1850, New Hampshire

6028-584: The "limited grounds" that each Justice was entitled to determine for himself the propriety of recusal. At first the case attracted little public comment. However, after Chief Justice Harlan Stone died in 1946, rumors that President Harry S. Truman would appoint Jackson as Stone's successor led several newspapers to investigate and report the Jewell Ridge controversy. Black and Douglas allegedly leaked to newspapers that they would resign if Jackson were appointed Chief. Truman ultimately chose Fred M. Vinson for

6165-444: The "top Russian agent" responsible for the "loss of China." During the hearings, McCarran and Lattimore frequently engaged in shouting matches and interrupted one another. At the end of the hearings, McCarran stated Lattimore was "so flagrantly defiant" and "so persistent in his efforts to confuse and obscure the facts that the committee feels constrained to take due notice of his conduct ... That he has uttered untruths stands clear in

6302-535: The 1940s and 1950s, 40 percent of Senate bills had to first be approved by the Senate Judiciary committee, giving McCarran immense power as he could easily kill these bills in his committee. Other committee chairmen had the same powers over bills related to their fields, but the number of bills that had to passed by the Judiciary Committee made McCarran far more influential than the other senate committee chairmen. Over time, McCarran used his position as chairman of

6439-639: The 1946 Administrative Procedure Act , which McCarran described as "a Bill of Rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal agencies. McCarran's career in the Senate was negatively marked by his antisemitism and his conflict with the Franklin Roosevelt administration over the New Deal and cooperation with the Soviet Union in World War II. McCarran

6576-648: The 1960s, Black clashed with Fortas, who by that time had been appointed as an associate justice. In 1968, a Warren clerk called their feud "one of the most basic animosities of the Court". Vinson's tenure as chief justice coincided with the Second Red Scare , a period of intense anti-communism in the United States. In several cases the Supreme Court considered, and upheld, the validity of anticommunist laws passed during this era. For example, in American Communications Association v. Douds (1950),

6713-472: The Army. In recent years he has been accused of racism, antisemitism, and xenophobia . His strident anti-communism matched that of Joseph McCarthy . Harold L. Ickes described McCarran as "easy-going, old-shoe 'Pat'" in a column criticizing McCarran as a tool of the oil companies. American journalist John Gunther was also critical of McCarran's alleged corporate ties, writing that he resembled gold "in that he

6850-429: The Bill of Rights to be an outworn 18th century 'strait jacket'   ... Its provisions may be thought outdated abstractions by some. And it is true that they were designed to meet ancient evils. But they are the same kind of human evils that have emerged from century to century wherever excessive power is sought by the few at the expense of the many. In my judgment the people of no nation can lose their liberty so long as

6987-411: The Constitution protected a right to privacy . In not finding such a right implicit in the Constitution, Black wrote in his dissent that "Many good and able men have eloquently spoken and written   ... about the duty of this Court to keep the Constitution in tune with the times.   ... For myself, I must with all deference reject that philosophy." Black's most prominent ideological opponent on

SECTION 50

#1732844632499

7124-592: The Government of the United States". The law was often used to prosecute individuals for joining the Communist Party. Black again dissented, writing: Public opinion being what it now is, few will protest the conviction of these Communist petitioners. There is hope, however, that, in calmer times, when present pressures, passions and fears subside, this or some later Court will restore the First Amendment liberties to

7261-665: The Holocaust to come to the United States. The Act also stiffened the existing law relating to the admission, exclusion and deportation of dangerous aliens under the McCarran Internal Security Act. Of the Act, McCarran said: I believe that this nation is the last hope of Western civilization and if this oasis of the world shall be overrun, perverted, contaminated or destroyed, then the last flickering light of humanity will be extinguished. I take no issue with those who would praise

7398-458: The Judiciary Committee to engage in much deal-making that allowed him to collect a significant number of political "debts", making him one of the most powerful Senators. McCarran's conservative politics, which pitted him against first Roosevelt and then Harry S. Truman , frequently led to him being asked why he continued as a Democrat instead of defecting to the Republicans. In 1950, when McCarran

7535-478: The McCarran–Ferguson Act, which, among other things: One aspect of Republican proposals for healthcare reform in the United States is allowing interstate competition for health insurance, potentially requiring modification of the McCarran–Ferguson Act. In February 2010, the House of Representatives voted 406-19 to repeal the McCarran–Ferguson Act with regard to health insurance. The McCarran–Ferguson Act

7672-685: The New Deal's legislation. Black forged the 5–4 majority in the 1967 decision Fortson v. Morris , which cleared the path for the Georgia State Legislature to choose the governor in the deadlocked 1966 race between Democrat Lester Maddox and Republican Howard Callaway . Whereas Black voted with the majority under strict construction to uphold the state constitutional provision, his colleagues Douglas (joined by Warren, Brennan, and Fortas) and Fortas (joined by Warren and Douglas) dissented. According to Douglas, Georgia tradition would guarantee

7809-470: The Sherman Act. The district court sustained the defendants' demurrer and dismissed the indictment, holding that "the business of insurance is not commerce, either intrastate or interstate" and that it "is not interstate commerce or interstate trade, though it might be considered a trade subject to local laws either State or Federal, where the commerce clause is not the authority relied upon." In January 1955,

7946-601: The Soviet Union in the summer of 1941, arguing that it was immoral to assist "godless communists." In a speech on the Senate floor, McCarran declared that he despised both Adolf Hitler and Josef Stalin but regarded the Third Reich as the lesser evil and felt it was therefore profoundly wrong for the United States to aid the Soviet Union. McCarran was greatly influenced by Pope Pius XI 's anti-communist Divini Redemptoris encyclical in spring 1937, declaring that "Communism

8083-469: The Supreme Court about the importance of acting within the limits of the Constitution. Third, Black's absolutism led him to enforce the rights of the Constitution, rather than attempting to define a meaning, scope, or extent to each right. Black expressed his view on the Bill of Rights in his opinion in Adamson v. California (1947), which he saw as his "most significant opinion written": I cannot consider

8220-448: The Supreme Court heard arguments on the prosecutors' appeal from the district court. The question in the case, which the Court formulated itself, was "whether the Commerce Clause grants to Congress the power to regulate insurance transactions stretching across state lines." For nearly 80 years before then, the Supreme Court had consistently held that "Issuing a policy of insurance is not a transaction of commerce," "the business of insurance

8357-672: The Supreme Court rejected insurers' attempt to avoid state regulation on this basis. In 1942, at the request of the Attorney General of Missouri (whose insurance regulators felt powerless to correct abuses they had identified since 1922), the Department of Justice investigated and a grand jury in Georgia indicted the South-Eastern Underwriters Association, 27 of its officers and 198 member companies. The indictment charged

SECTION 60

#1732844632499

8494-404: The UMW; Black voted with the majority, while Jackson dissented. However, the coal company requested the court rehear the case on the grounds that Justice Black should have recused himself, as the mine workers were represented by Black's law partner of 20 years earlier. Under the Supreme Court's rules, each Justice was entitled to determine the propriety of disqualifying himself. Jackson agreed that

8631-691: The Warren Court was John Marshall Harlan II , who replaced Justice Jackson in 1955. They disagreed on several issues, including the applicability of the Bill of Rights to the states, the scope of the due process clause, and the one man, one vote principle. Black had a number of law clerks who became notable in their own right , including Judges Louis F. Oberdorfer , Truman McGill Hobbs , Guido Calabresi , and Drayton Nabers Jr. , Professors John K. McNulty , Stephen Schulhofer , and Walter E. Dellinger III , Mayor David Vann , FCC Commissioner Nicholas Johnson , US solicitor general Lawrence G. Wallace , and trial lawyer Stephen Susman . Black's jurisprudence

8768-467: The appointment. Chambers v. Florida (1940), an early case where Black ruled in favor of African-American criminal defendants who experienced due process violations, later helped put these concerns to rest. The Judiciary Committee recommended Black for confirmation by a vote of 13–4 on August 16, and the full Senate took up the nomination the next day. Rumors of Black's involvement in the Ku Klux Klan surfaced, and two Democratic senators tried defeating

8905-431: The case. When Lane was elected to the Birmingham City Commission in 1911, he asked Black to serve as a police court judge – his only judicial experience prior to the Supreme Court. In 1912, Black resigned to return to practicing law full time. In 1914, he began a four-year term as the Jefferson County Prosecuting Attorney . During World War I , Black resigned to join the United States Army . He served in

9042-419: The character of this congress to state an unquestionable fact: that its most important member was Patrick A. McCarran". McCarran sponsored numerous laws concerning the early commercial aviation industry, including the Civil Aeronautics Act of 1938 and the Federal Airport Act of 1945. He was an early advocate of separating the United States Army Air Forces from the Army as the Air Force and began sponsoring

9179-424: The committees on the District of Columbia, Judiciary, and Joint Foreign Economic Cooperation. As Senator, McCarran is remembered as one of the few Democrats to reject the Second New Deal . He sponsored the Civil Aeronautics Act of 1938 and was a proponent of establishing the United States Air Force . McCarran was a staunch anti-communist, to the point of supporting fascists including Francisco Franco . He sponsored

9316-445: The constitutional argument that the business of insurance amounted to "Commerce …among the several states" and by virtue of the Commerce Clause of the federal constitution, regulation of it was exclusively given to the federal government. The United States Supreme Court first decided a case on this basis in 1868, rejecting the insurers' argument in the context of an out-of-state insurer selling policies in another state For over 75 years,

9453-525: The contributions which have been made to our society by people of many races, of varied creeds and colors. America is indeed a joining together of many streams which go to form a mighty river which we call the American way. However, we have in the United States today hard-core, indigestible blocs which have not become integrated into the American way of life, but which, on the contrary are its deadly enemies. Today, as never before, untold millions are storming our gates for admission and those gates are cracking under

9590-436: The court upheld a law that required labor union officials to forswear membership in the Communist Party . Black dissented, claiming that the law violated the First Amendment 's free speech clause. Similarly, in Dennis v. United States , 341 U.S. 494 (1951), the court upheld the Smith Act , which made it a crime to "advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing

9727-402: The court was improperly overturning legislation that had been passed by large majorities in Congress. During his Senate career, Black consistently opposed the passage of anti- lynching legislation, as did all of the white Democrats of the Solid South . In 1935 Black led a filibuster of the Wagner-Costigan anti-lynching bill. The Pittsburgh Post Gazette reported that when a motion to end

9864-489: The court, he advocated judicial restraint and worked to move the court away from interposing itself in social and economic matters. Black vigorously defended the "plain meaning" of the Constitution, rooted in the ideas of its era, and emphasized the supremacy of the legislature; for Black, the role of the Supreme Court was limited and constitutionally prescribed. During his early years on the Supreme Court, Black helped reverse several earlier court decisions that were based on

10001-486: The defendants with two counts of antitrust violations: (1) conspiracy under Section 1 of the Sherman Act to fix the premium rates on certain fire insurance policies and boycott non-complying independent sales agencies that did not comply; and (2) monopolization of markets for the sale of fire insurance policies in the states of Alabama, Florida, Georgia, North Carolina, South Carolina, and Virginia in violation of Section 2 of

10138-414: The district court, holding that (1) the Sherman Act intended to cover the alleged acts of monopolization; and (2) that the transaction of insurance across state lines was "commerce among the states" which the Constitution permitted Congress to regulate. The three judges who dissented did so for different reasons. Chief Justice Stone argued that the writing of insurance in one state to cover risk in another

10275-454: The efforts of the justices on the court who sought to abolish capital punishment in the United States, whose efforts succeeded (temporarily) in the term immediately following Black's death. He claimed that the Fifth and Fourteenth Amendment 's reference to takings of "life", and to "capital" crimes, meant approval of the death penalty was implicit in the Bill of Rights. He also was not persuaded that

10412-417: The filibuster was defeated, "[t]he southerners—headed by Tom Connally of Texas and Hugo Black of Alabama—grinned at each other and shook hands." Soon after the failure of the court-packing plan, President Roosevelt obtained his first opportunity to appoint a Supreme Court justice when conservative Willis Van Devanter retired. Roosevelt wanted the replacement to be a "thumping, evangelical New Dealer" who

10549-485: The freedom of business owners), and believed that there was no basis in the words of the Constitution for a right to privacy , voting against finding one in Griswold v. Connecticut (1965). He also took conservative positions in cases such as Shapiro v. Thompson , Goldberg v. Kelly , Tinker v. Des Moines , and Cohen v. California where he distinguished between " pure speech " and " expressive conduct ". Black

10686-577: The great Red hunter from Nevada." As chairman of the Judiciary Committee, he held up the nomination of Truman's nominee for Attorney General, James McGranery , until McGanery promised to indict Lattimore. Lattimore's lawyer Abe Fortas defended him by claiming McCarran had deliberately asked questions about arcane and obscure matters that took place in the 1930s in the hope that Lattimore would not be able to recall them properly, thereby giving grounds for perjury indictments. Federal Judge Luther Youngdahl later dismissed all seven charges against Lattimore on

10823-494: The grounds that the matters in question were insubstantial, of little concern to McCarran's inquiry, or the result of questions phrased in such a way that they could not be fairly answered. On July 27, 1953, the armistice of Panmunjom was signed ending the Korean War. McCarran attracted national attention when he criticized President Dwight Eisenhower on the Senate floor for signing the armistice, which he called "a perpetuation of

10960-619: The group. He remained an active member throughout his life, occasionally contributing articles to Civitan publications. In the early 1920s, Black became a member of the Robert E. Lee Klan No. 1 in Birmingham, and he resigned in 1925. In 1937, after his confirmation to the Supreme Court, it was reported he had been given a "grand passport" in 1926, granting him life membership to the Ku Klux Klan . In response to this news, Black said he had never used

11097-587: The high preferred place where they belong in a free society. Beginning in the late 1940s, Black wrote decisions relating to the Establishment Clause, where he insisted on the strict separation of church and state . The most notable of these was Engel v. Vitale (1962), which declared state-sanctioned prayer in public schools unconstitutional. This provoked considerable opposition, especially in conservative circles. Efforts to restore school prayer by constitutional amendment failed. In 1953 Vinson died and

11234-457: The investigative role of the Senate to shape the American mind on reforms, his strong voting record, and his early support, which dated back to 1933. Both Reed and Minton were later appointed to the Supreme Court; Reed was the next Justice appointed by Roosevelt, while Minton was appointed by Harry Truman in 1949. On August 12, 1937, Roosevelt nominated Black to fill the vacancy. By tradition,

11371-472: The last hundred years". Black insisted that judges rely on the intent of the Framers as well as the "plain meaning" of the Constitution's words and phrases (drawing on the history of the period) when deciding a case. Black additionally called for judicial restraint not usually seen in court decision-making. The justices of the court would validate the supremacy of the legislature in public policy-making, unless

11508-488: The legislation and rules promulgated by insurance commissions of one state conflicted with those of others. And in some cases, the rules that applied to out-of-state insurers deprived them of substantial rights. For example, one state required out-of-state insurers to post a bond that it would not appeal any case to the United States Supreme Court. Insurers early attempted to oust states from regulation by using

11645-530: The legislature was denying people constitutional freedoms. Black stated that the legislature "was fully clothed with the power to govern and to maintain order". One of Black's biographers commented: Black's support of Bolling seemingly violated his own principles: the Fifth Amendment does not contain, nor can it be read to incorporate, the Fourteenth Amendment 's equal protection clause . When

11782-519: The little personal favors and the things that help financially, but they forgot all the things done that are more remote, but more vital. McCarran's biographer Jerome Edwards endorsed this theory, arguing that the narrow margin suggests that a substantial number of registered Democrats in Nevada were dissatisfied with McCarran, but his ability to have the federal government built infrastructure projects that Nevada could not afford on its own explains his enduring appeal in his state. During his career as

11919-546: The majority opinion in Korematsu v. United States (1944), which upheld the internment of Japanese Americans ordered by the president Franklin Roosevelt . During the mid-1960s, Black became slightly more conservative. Black opposed the doctrine of substantive due process (the pre-1937 Supreme Court's interpretation of this concept made it impossible for the government to enact legislation that conservatives claimed interfered with

12056-472: The necessary legislation in 1933. In 1945, McCarran co-sponsored the McCarran-Ferguson Act , which exempted the insurance industry from most federal regulations, including antitrust rules. Instead, this act required states to regulate insurance, including mandatory licensing requirements. McCarran also co-sponsored the 1946 Administrative Procedures Act , which required federal agencies to keep

12193-433: The need for change, and provided for it. Amendments suggested by the people's elected representatives can be submitted to the people or their selected agents for ratification. That method of change was good for our Fathers, and, being somewhat old-fashioned, I must add it is good enough for me. Thus, some have seen Black as an originalist . David Strauss, for example, hails him as "[t]he most influential originalist judge of

12330-457: The nomination; no conclusive evidence was presented tying Black to the klan. After rejecting 15–66 a motion to recommit the nomination to the Judiciary Committee for further review, the Senate voted 63–16 to confirm on August 17, 1937; ten Republicans and six Democrats voted against. He was sworn into office on August 19, 1937. Shortly after, Black's KKK membership became known and there was widespread outrage; nonetheless Black went on to become

12467-554: The organization." Black served as the secretary of the Senate Democratic Conference and the chair of the Senate Education Committee during his decade in the Senate. Having gained a reputation in the Senate as a reformer, Black was nominated to the Supreme Court by President Roosevelt and confirmed by the Senate by a vote of 63 to 16 (six Democratic Senators and 10 Republican Senators voted against him). He

12604-526: The passport and had not kept it. He further stated that when he resigned he completely discontinued his Klan association, that he had never resumed it, and that he expected never to resume his membership. On February 23, 1921, he married Josephine Foster (1899–1951), with whom he had three children: Hugo L. Black, II (1922–2013), an attorney; Sterling Foster (1924–1996), and Martha Josephine (1933–2019). Josephine died in 1951; in 1957, Black married Elizabeth Seay DeMeritte. In 1926, Black sought election to

12741-401: The petition for rehearing should be denied, but refused to give approval to Black's participation in the case. Ultimately, when the court unanimously denied the petition for rehearing, Justice Jackson released a short statement, in which Justice Frankfurter joined. The concurrence indicated that Jackson voted to deny the petition not because he approved of Black's participation in the case, but on

12878-472: The position. In 1948, Justice Black approved an order solicited by Abe Fortas that barred a federal district court in Texas from further investigation of significant voter fraud and irregularities in the 1948 Democratic primary election runoff for United States Senator from Texas . The order effectively confirmed future president Lyndon Johnson 's apparent victory over former Texas governor Coke Stevenson . In

13015-462: The precedent, believed that it should be done by the states, at least absent a specific declaration by Congress. Justice Frankfurter allowed that Congress's power under the Commerce Clause reached these actions but argued that the Sherman Act was not an express warrant that Congress intended to enter this area of commerce. Since the Paul case in 1868, it had been widely believed that the federal government

13152-568: The president declared a national emergency. President Truman vetoed the act, charging that it violated civil liberties and put the government in "the business of thought control," but Congress overrode Truman's veto. No such emergency was ever declared and the six camps built for this purpose by the Federal Bureau of Prisons were never used before being shut down in 1957. The act was never enforced due to numerous hearings, delays and appeals before its major provisions were held unconstitutional by

13289-847: The public informed of their organizational structure, procedures and rules, allowed for public participation in the rule making process, and established uniform standards for the conduct of formal rule making. McCarran established himself as one of the Senate's most ardent anti-Communists. An admirer of Spanish dictator Francisco Franco , he was nicknamed the "Senator from Madrid" by columnist Drew Pearson over his efforts to increase foreign aid to Spain. McCarran voted for President Truman's 1947 plan to provide aid to Greece and Turkey as part of an effort to prevent them from becoming communist, but in 1949 McCarran broke with Truman after he rejected McCarran's request for increased economic aid to Spain and military aid to Chiang Kai-shek 's nationalist Chinese government. In 1949, McCarran visited Spain, where he

13426-505: The record." The subcommittee report written by McCarran concluded that China was indeed "lost" because of the policy followed by the State Department, declaring, "Owen Lattimore and John Carter Vincent were influential in bringing about a change in United States policy... favorable to the Chinese Communists". McCarran was careful not to accuse Lattimore of espionage, which would have allowed him to sue for libel, but came very close with

13563-613: The remainder of his Senate career. On August 8, 1935, Black, who was chairman of the senate committee investigating lobbying activities, went on NBC's National Radio Forum . The national audience was shocked to hear Black speak of a $ 5   million electric industry lobbying campaign attempt to defeat the Wheeler–Rayburn bill, known as the Public Utility Holding Company Act of 1935 that had passed in July. The act directed

13700-409: The reputation of a narrow-minded and parochial senator; the same reasons that made him unpopular outside of Nevada made him popular to Nevadans as he developed the reputation of a dogged fighter for Nevada's interests. McCarran repeatedly attempted via filibusters to force the federal government to stockpile silver, a measure that would have benefited Nevada where silver mining was a major industry, but

13837-486: The second Supreme Court nominee to testify in person before the Judiciary Committee, and the first Jewish one, McCarran "used the occasion to launch a nasty, sneering attack on the nominee, filled with innuendo about Frankfurter's foreign origins and alleged radical associations." McCarran was well known for his efforts at constituent services, often going to extraordinary lengths on behalf of Nevada residents who requested his aid. For instance, McCarran intervened to shield

13974-574: The senior senator, in the struggle, thereby earning McCarran's enmity. Pittman's serious alcoholism rendered him less effective in his last years, and McCarran was able to become the dominant force within the Nevada Democratic Party by 1938. In the late 1930s, McCarran criticized Roosevelt's " Second New Deal " programs as too liberal. Much of McCarran's opposition to the New Deal stemmed from his anger that New Deal programs increased Pittman's capacity for patronage appointments. McCarran

14111-628: The state Board of Library Commissioners. In addition, he served as chairman of the Nevada State University Board of Visitors. During his time on the Court from 1913 to 1919, McCarran served on the state Board of Pardons. He was a member of the Board of Parole Commissioners from 1913 to 1918, and he served on the Board of Bar Examiners from 1919 until 1932. McCarran was president of the Nevada Bar Association from 1920 to 1921 and

14248-537: The statement: "Owen Lattimore was, from some time beginning in the 1930s, a conscious, articulate instrument of the Soviet conspiracy". McCarran subsequently pushed successfully for Lattimore to be indicted for perjury . Biographer Michael Ybarra asserted in his book Washington Gone Crazy: Senator Pat McCarran and the Great American Communist Hunt that "arguably no American wrecked as many lives as did

14385-403: The states ("incorporated") by the Fourteenth Amendment , and his absolutist stance on the First Amendment , often declaring "No law [abridging the freedom of speech] means no law." Black expanded individual rights in his opinions in cases such as Gideon v. Wainwright , Engel v. Vitale , and Wesberry v. Sanders . Black's views were not uniformly liberal. During World War II , he wrote

14522-422: The strain. The solution of the problems of Europe and Asia will not come through a transplanting of those problems en masse to the United States.... I do not intend to become prophetic, but if the enemies of this legislation succeed in riddling it to pieces, or in amending it beyond recognition, they will have contributed more to promote this nation's downfall than any other group since we achieved our independence as

14659-473: The way he would wish, because the philosophy he has adopted requires it, is not a judge. But a judge who refuses ever to stray from his judicial philosophy, and be subject to criticism for doing so, no matter how important the issue involved, is a fool.' Black also joined Douglas's dissent in Breithaupt v. Abram which argued that substantive due process prevented police from making an involuntary intrusion into

14796-465: The words of the Constitution to restrict the roles of the judiciary—Black would have justices validate the supremacy of the country's legislature, unless the legislature itself was denying people their freedoms. Black wrote: "The Constitution is not deathless; it provides for changing or repealing by the amending process, not by judges but by the people and their chosen representatives." Black would often lecture his colleagues, liberal or conservative, on

14933-455: Was admitted to the bar , and began to practice in Ashland. In 1907, Black moved to the growing city of Birmingham, where he built a successful practice that specialized in labor law and personal injury cases. As a consequence of his defense of an African American who was forced into a form of commercial slavery after incarceration, Black was befriended by A. O. Lane, a judge connected with

15070-487: Was "one of the most prejudiced people who has ever served in the Senate." On February 16, 2021, the Clark County Commissioners voted unanimously to officially change the name of McCarran International Airport to Harry Reid International Airport. The name change took place after federal approval and just before Reid's death. Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971)

15207-549: Was a justice of the Supreme Court of Nevada , serving as chief justice from 1917 to 1919. His support for the aviation industry was well known and resulted in Las Vegas 's McCarran Field (now Harry Reid International Airport ) being named in his honor. In 1932, McCarran unseated incumbent Republican Tasker Oddie to become the state's first U.S. senator born in Nevada; he was reelected three times and served from 1933 until his death. In his Senate career, McCarran served as chairman of

15344-617: Was a member of the Ku Klux Klan in Alabama. An article from the Pittsburgh Post-Gazette reports that he temporarily resigned from the Klan in 1925 to bolster his senatorial campaign, before quietly rejoining the Klan in 1926. In 1937, upon being appointed to the Supreme Court, Black said: "Before becoming a Senator I dropped the Klan. I have had nothing to do with it since that time. I abandoned it. I completely discontinued any association with

15481-517: Was a supporter of Chiang Kai-shek and attributed the " loss of China " to communists to Soviet influence in the U.S. State Department . In 1952, McCarran and Republican Senators Joseph McCarthy and William Knowland attended a dinner hosted by the Kuomintang Ambassador to Washington, toasting "Back to the mainland!" McCarthy sought McCarran's favor after he started his "crusade against Communism." McCarran privately told friends that "Joe

15618-532: Was a vice president of the American Bar Association from 1922 to 1923. McCarran's ambition to serve as a U.S. Senator was well known in Nevada, and often the subject of commentary and jokes in the press. He ran unsuccessfully for the Democratic nomination in 1916, and lost to incumbent Key Pittman . McCarran endorsed Pittman in the general election, and Pittman was reelected. In 1926, McCarran

15755-402: Was again a candidate for the U.S. Senate. He lost the Democratic nomination to Raymond T. Baker , who was defeated by Republican incumbent Tasker Oddie in the general election. In 1932, McCarran won the Democratic nomination and defeated Oddie in the general election. He was reelected in 1938 , 1944 , and 1950 . He served from March 4, 1933, until his death in 1954. In 1944, McCarran

15892-517: Was against the United Nations, which he called "a haven for spies and Communists". As chairman of the Judiciary Committee, he appointed his friend, Senator James Eastland , a well known white supremacist and segregationist, as chairman of the Senate Subcommittee on Civil Rights. Such was McCarran's power that in July 1952, the liberal Washington Post newspaper (which was not friendly to the conservative McCarran) declared in an article: "It sums

16029-476: Was also critical of Roosevelt's willingness to intervene in Europe, particularly in alliance with the Soviet Union . From 1939 to 1941, McCarran opposed Roosevelt's plans for aid to Great Britain, the Soviet Union, and France, accusing the president of trying to involve America in a war that was not its business. In particular, McCarran was outraged by the Roosevelt administration's offer of military and economic aid to

16166-485: Was amended in 2021 with the Competitive Health Insurance Reform Act of 2020, limiting the scope of exemptions for health insurance and dental insurance. Pat McCarran Patrick Anthony McCarran (August 8, 1876 – September 28, 1954) was an American farmer, attorney, judge, and Democratic politician who represented Nevada in the United States Senate from 1933 until 1954. McCarran

16303-472: Was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A member of the Democratic Party and a devoted New Dealer , Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections. Before he became a senator, Black espoused anti-Catholic views and

16440-453: Was asked that question by a reporter, he responded: "I can do more good by staying in the Democratic Party and watching the lunatic fringe--the Roosevelt crowd". McCarran was against the plans of the Roosevelt and Truman administrations for federal health insurance and increased education spending; favored restricting the power of unions; was opposed to increased immigration, saying he did not want "undesirables from abroad" coming to America; and

16577-630: Was born in Reno, Nevada to Irish immigrants Margaret Shay and Patrick McCarran. He was educated in Reno and graduated as valedictorian of the class of 1897 at Reno High School . McCarran's mother was a devout Catholic, and he inherited his mother's faith. He attended Nevada State University (now the University of Nevada, Reno ) but withdrew to work on the family sheep ranch after his father suffered an injury. Instead of returning to college, McCarran studied law with attorney William Woodburn . Some sources incorrectly state that McCarran received

16714-532: Was born in Reno, Nevada , attended Nevada State University (now the University of Nevada, Reno ), and was a farmer and rancher. In 1902, he won election to the Nevada Assembly but left office in 1905 after an unsuccessful campaign for the Nevada State Senate . He studied law privately and was admitted to the bar in 1905, then won election as Nye County District Attorney . He served a two-year term, after which he returned to Reno. From 1913 to 1919, McCarran

16851-474: Was born in Harlan, Clay County, Alabama, on February 27, 1886, the youngest of eight children born to William Lafayette Black and Martha (Toland) Black. In 1890 the family moved to Ashland , the county seat. The family came from a Baptist background. Black attended Ashland College, an academy located in Ashland, then enrolled at the University of Alabama School of Law . He graduated in 1906 with an LL.B. degree,

16988-648: Was buried at Mountain View Cemetery in Reno. McCarran is remembered as one of the few Democrats to oppose President Franklin D. Roosevelt and reject the New Deal . In addition, he was a proponent of the aviation industry; he was a sponsor of the Civil Aeronautics Act of 1938 and the Federal Airport Act of 1945, and was a proponent of establishing the United States Air Force separate from

17125-499: Was challenged by Vail M. Pittman in the Democratic primary, leading to an especially hard-fought campaign that was finally won by McCarran. Pittman ascribed the result to McCarran's ability to bring federal money to fund infrastructure projects in Nevada: McCarran had a pet project in nearly every town in the state. Housing projects, sewage systems, airfields, power projects, school houses and heaven knows what...People remember

17262-428: Was elected and served one term from 1903 to 1905. In 1904, he was an unsuccessful candidate for the Nevada State Senate . He was admitted to the bar in 1905. In 1906, he was elected district attorney of Nye County . He served one term, 1907 to 1909, after which he moved to Reno to continue practicing law. In 1912, McCarran was elected to the Supreme Court of Nevada , succeeding John G. Sweeney. He served as

17399-500: Was excluded from regulating the insurance industry. Before the South-Eastern Underwriters Association case, "insurance already was one of the most highly regulated industries in the American economy," with every state having an insurance department and detailed laws on the protection of policyholders in case of insolvency. But regulation of other aspects of insurance varied widely among the states. The prospect of

17536-469: Was not "interstate commerce" as a constitutional matter and that the actions charged were not within the purview of the Sherman Act. His opinion was largely based on the Court's previous decision on the negative implications of the Commerce Clause. Justice Jackson , in addition to concurring with the Chief Justice, urged the impracticality of allowing both state and federal regulation of insurance and, given

17673-525: Was reasonably young, confirmable by the Senate, and from a region of the country unrepresented on the court. The three final candidates were Solicitor General Stanley Reed , Sherman Minton , and Hugo Black. Roosevelt said Reed "had no fire", and Minton did not want the appointment at the time. The position would go to Black, a candidate from the South, who, as a senator, had voted for all 24 of Roosevelt's major New Deal programs. Roosevelt admired Black's use of

17810-505: Was replaced by Earl Warren . While all members of the court were New Deal liberals, Black was part of the most liberal wing of the court, together with Warren, Douglas, William Brennan , and Arthur Goldberg . They said the court had a role beyond that of Congress. Yet while he often voted with them on the Warren Court, he occasionally took his own line on some key cases, most notably Griswold v. Connecticut (1965), which established that

17947-467: Was the first of nine Roosevelt appointees to the court , and he outlasted all except for William O. Douglas . The fifth longest-serving justice in Supreme Court history , Black was one of the most influential Supreme Court justices in the 20th century. He is noted for using historical evidence to support textualist arguments, his position that the liberties guaranteed in the Bill of Rights were imposed on

18084-435: Was the first state to appoint an insurance commissioner. In 1852, Massachusetts appointed a commission, and California, Connecticut, Indiana, Missouri, New York, and Vermont established a separate insurance department or vested the power to regulate insurance in an existing agency. Shortly after that, other states followed until, by 1871, nearly every state had "some type of supervision and control over insurance companies." Often

18221-423: Was the senior associate justice of the Supreme Court. As of 2023, Black is the most recent sitting Supreme Court justice to have received his legal education from a public law school . In the mid-1940s, Justice Black became involved in a bitter dispute with Justice Robert H. Jackson as a result of Jewell Ridge Coal Corp. v. Local 6167, United Mine Workers (1945) . In this case the court ruled 5–4 in favor of

18358-424: Was to intimidate and silence anti-New Dealers. Most controversially, Black, with the full backing of the Roosevelt administration, to get FCC to order Western Union and other telegraph companies to provide access to copies to several million telegrams sent during the period of February 1 to September 1, 1935. Committee and FCC staffers examined the telegrams at the rate of several thousand per day. The committee's goal

18495-429: Was to uncover content that had bearing on lobbying, which it defined very broadly to include just about any political commentary. People who had their private telegrams examined included every member of Congress as well as leaders of anti-New Deal organizations. When Black's investigation of these telegrams became public knowledge, there was a major outcry in the press. On March 11, 1936, Chief Justice Alfred A. Wheat of

18632-414: Was welcomed as if he were a visiting head of state, and made clear his admiration for Franco. McCarran's praise for Franco greatly annoyed Truman. During his visit to Spain, McCarran discussed potential U.S. aid for Franco, infuriating Truman, who angrily declared that McCarran did not have the right to conduct his own foreign policy. After World War II , McCarran continued his anti-Communist efforts. He

18769-551: Was widely denounced outside of Nevada as a plan for wasteful spending designed only to benefit his state. After Pearl Harbor, McCarran made much in his Senate speeches to the Senate of the fact that most of American industry was concentrated in the Northeast and the Midwest, and argued that the federal government had a duty to ensure that war production was shifted to less industrialized states like Nevada. When Felix Frankfurter became

#498501