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Cold War Supreme Court: Analysing the Change in Constitutional Interpretation between Dennis v. U.S. (1951) and Yates v. U.S. (1957)

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posted on 2021-11-23, 19:41 authored by Hayden ThorneHayden Thorne

During the early Cold War, America was gripped by an intense domestic Red Scare. This thesis explores how the United States Supreme Court dealt with the Alien Registration Act (Smith Act) and the issue of freedom of speech in the context of that Red Scare. In particular, this thesis focuses on the change in interpretation which occurred between the 1951 decision in Dennis v. United States, and the 1957 decision in Yates v United States. Dennis upheld the constitutionality of the Smith Act, and upheld the convictions of eleven Communist Party of the United States of America (CPUSA) leaders. Yates overturned the convictions of a group of California CPUSA officials, and placed strict limitations on the use of the Smith Act in a drastic change in interpretation.  This thesis aims to explore that change in interpretation by drawing on three different lines of reasoning: the impact of changes to the wider Cold War context, the impact of changes to the personnel making up the Supreme Court, and changes in legal strategy on behalf of the defendants in the two cases. To achieve this, the thesis draws on a wide range of sources, beginning with a discussion of existing literature, and moving to explore previously untapped sources from both a historic and a legal perspective. This includes looking at the records of law firms acting in both cases, analysing other Supreme Court opinions from the time, and drawing on more traditional historical sources like media coverage of various events.  This thesis argues that, contrary to most existing scholarship, the change in interpretation is best explained by a multi-causal approach. The changes to the court’s makeup and changes to the context amongst which the cases occurred were only part of the reason for the change in interpretation. The impact of a change in legal strategy also played an important role in causing the Supreme Court’s change in interpretation.

History

Copyright Date

2018-01-01

Date of Award

2018-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Discipline

History

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Level

Masters

Degree Name

Master of Arts

ANZSRC Type Of Activity code

1 PURE BASIC RESEARCH

Victoria University of Wellington Item Type

Awarded Research Masters Thesis

Language

en_NZ

Victoria University of Wellington School

School of History, Philosophy, Political Science and International Relations

Advisors

Janiewski, Dolores