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Summer
1988,
Issue 9 Article Abstracts and Supplements Federalism and the South By Robert J. Norrell Southerners are known to wave the American flag and cherish “the government for which it stands” as enthusiastically and sincerely as any Americans. Southerners uphold the U.S. Constitution as one of the greatest documents of human freedom and America’s original contribution to democratic government in modern history. However, throughout American history southerners have continuously come into conflict with the national government created by the Constitution in 1789. When it was framed, the Constitution called for divided sovereignty between the national government and the states, a new form of government that became known as “federalism.” However, the nature of federalism was left vague; and debate continued over its meaning. For the next two hundred years, southerners used federalism to protect themselves against the national government’s power. Alabama and the U.S. Supreme Court: Landmark Cases By Robert J. Norrell In 1960, when an advertisement appeared in the New York Times stating that blacks in Montgomery, Alabama, were being harassed for protesting segregation, a furor rose among white citizens in Montgomery. They claimed that they had been falsely maligned, and L.B. Sullivan, the city commissioner, claimed that he had been personally libeled. Sullivan sued the Times and won five hundred thousand dollars in the Montgomery circuit court. But when the case was appealed to the U.S. Supreme Court, the decision was overturned. The court issued a strict standard for future libel cases, giving the media great protection from public officials intent on stifling criticism. One of many cases involving Alabamians and the U.S. Supreme court, this landmark case had a profound impact on American life and shows that over the years Alabama has certainly had its day in court. Grand Old Flags By the Editors Appearing in sundry sizes and shapes, and in a broad spectrum of red and blue hues, American flags were once as singular as the people who made them. They reflected the new nation’s vigor and independence, its regard for free expression, and its tolerance for the idiosyncratic. Since the Continental Congress first passed a resolution establishing the Stars and Stripes as the official flag of the United States on June 14, 1777, the American flag has undergone a long journey from a loosely regulated design to the tightly controlled form. Looking back on the wide range of tastes and designs in American flag-making, one can see not only a series of flags but a history of the nation itself. Hugo Black’s Constitution By Steve Suitts Serving on the U.S. Supreme Court for thirty-four years—longer than almost any other judge—Hugo Black decided thousands of cases that reshaped American life and liberty. Born the youngest of eight in Clay County, Alabama, Black began practicing law in Birmingham after attending the University of Alabama School of Law. In 1937 he was appointed to the U.S. Supreme Court by President Franklin D. Roosevelt. There he repeatedly defended individual liberties, invariably voting for free speech, the Fifth Amendment, trial by jury, and racial equality. Black’s time on the Supreme Court, however, was not without controversy; he received criticism for once being a member of the Ku Klux Klan and then angered his own region when voting to dismantle segregation. But throughout his life, Alabama’s Hugo Black worked tirelessly to place his interpretation of the Constitution in the law books and in the hearts and minds of the American people.
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