k How to Use This Book 1 1 2 4 3 2 3 4 5 6 7 8 9 10 11 12 13 XIII 5 6 7 9 10 13 12 11 8 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION XIV HOW TO USE THIS BOOK Contributors Editorial Reviewers Patricia B. Brecht Matthew C. Cordon Frederick K. Grittner Halle Butler Hara Scott D. Slick Contributing Authors Richard Abowitz Paul Bard Joanne Bergum Michael Bernard Gregory A. Borchard Susan Buie James Cahoy Terry Carter Stacey Chamberlin Sally Chatelaine Joanne Smestad Claussen Matthew C. Cordon Richard J. Cretan Lynne Crist Paul D. Daggett Susan L. Dalhed Lisa M. DelFiacco Suzanne Paul Dell’Oro Heidi Denler Dan DeVoe Joanne Engelking Mark D. Engsberg Karl Finley Sharon Fischlowitz Jonathan Flanders Lisa Florey Robert A. Frame John E. Gisselquist Russell L. Gray III Frederick K. Grittner Victoria L. Handler Halle Butler Hara Lauri R. Harding Heidi L. Headlee James Heidberg Clifford P. Hooker Marianne Ashley Jerpbak David R. Johnstone Andrew Kass Margaret Anderson Kelliher Christopher J. Kennedy Anne E. Kevlin John K. Krol Lauren Kushkin Ann T. Laughlin Laura Ledsworth-Wang Linda Lincoln Theresa J. Lippert Gregory Luce David Luiken Frances T. Lynch Jennifer Marsh George A. Milite Melodie Monahan Sandra M. Olson Anne Larsen Olstad William Ostrem Lauren Pacelli Randolph C. Park Gary Peter Michele A. Potts Reinhard Priester Christy Rain Brian Roberts Debra J. Rosenthal Mary Lahr Schier Mary Scarbrough Stephanie Schmitt Theresa L. Schulz John Scobey Kelle Sisung James Slavicek Scott D. Slick David Strom Linda Tashbook Wendy Tien M. Uri Toch Douglas Tueting Richard F. Tyson Christine Ver Ploeg George E. Warner Anne Welsbacher Eric P. Wind Lindy T. Yokanovich XV v JACKSON, ANDREW Andrew Jackson achieved prominence as a frontiersman, jurist, and military hero, and as seventh PRESIDENT OF THE UNITED STATES.Histwo administrations, famous for ideologies labeled Jacksonian Democracy, encouraged participation in government by the people, particularly the middle class. Jackson was born March 15, 1767, in Waxhaw, South Carolina. In 1781 Jackso n entered the military, fought in the Revolution- ary War, and was subsequently taken prisoner and incarcerated at Camden, South Carolina. After his release he pursued legal studies in North Carolina and was admitted to the bar of that state in 1787. Jackson relocated to Nashville in 1788 and established a successful law practice. Three years later, he married Rachel Donelson. When it w as subsequently discovered that Mrs. Jackson was not legally divorced from her previous husband, Jackson remarried her in 1794 after her DIVORCE became final. His enemies, however, used the scandal to their advantage. Jackson began his public service career in 1791 and performed the duties of prosecuting attorney for the Southwest Territory. He attended the Tennessee constitutional convention in 1796 and entered the federal government system in that same year. As a member of the U.S. House of Repre- sentatives, Jackson represented Tennessee for a year before filling the vacant position of senator from Tennessee in the U.S. Senate during 1797 and 1798. Jackson embarked on the judicial phase of his career in 1798, presiding as judge of the Tennessee Superior Court until 1804. During the WAR OF 1812, Jackson returned to the military and was victorious at the Horseshoe Bend battle in 1814. He conquered the British at New Orleans at the close of the war, which resulted in national recog nition as a war hero. In 1818 Jackson was involved in a military incident that almost catapulted the United States into another war with Great Britain and Spain. Dispatched to the Florida border to quell Seminole Indian uprisings, Jackson misunder- stood his orders, took control of the Spanish possession of Pensacola, and killed two British subjects responsible for inciting the Indians. Spain and Great Britain were in an uproar over the incident, but Secretary of State JOHN QUINCY ADAMS supported Jackson. The incident added to Jackson’s popularity as a rugged hero. Jackson sought the office of president of the United States in 1824 against HENRY CLAY, John Quincy Adams, and William Crawford. No single candidate received a majority of electoral votes, and the House of Representatives decided the election in favor of Adams. Four years later, Jackson defeated the incumbent Adams and began the first of two terms as chief executive. J EVERY MAN WHO HAS BEEN IN OFFICE A FEW YEARS BELIEVES HE HAS A LIFE ESTATE IN IT , A VESTED RIGHT .THIS IS NOT THE PRINCIPLE OF OUR GOVERNMENT .IT IS ROTATION OF OFFICE THAT WILL PERPETUATE OUR LIB- ERTY . —ANDREW JACKSON 1 During his first administration, Jackson relied on a group of informal advisers known as the Kitchen Cabinet. The unofficial members includ- ed journalists and politicians, as opposed to the formal cabinet members traditionally involved in policymaking. He also initiated the spoils system, rewarding dutiful and faithful party members with government appointments, regardless of their qualifications for the positions. Many of Jackson’s intimate associations did not include members from the traditional families associated with politics, and public dissatisfaction came to a head with the marriage of his Secretary of War John Eaton to the provincial Margaret O’Neill. The social politics employed by cabinet members and their wives, particularly VICE PRESIDENT and Mrs. JOHN C. CALHOUN, caused much upheaval in the Jackson cabinet, and the eventual resignation of Eaton. Calhoun and Jackson disagreed again in 1832 over a protective tariff, which Calhoun believed was not beneficial to the South. Calhoun initiated the policy of nullification, by which a state could judge a federal regulation null and void and, therefore, refuse to comply with it if the state believed the regulation to be adverse to the tenets of the Constitution. Calhoun resigned from the office of vice president after South Carolina adopted the nullification policy against the tariff act, and Jackson requested the enactment of the Force Bill from Congress to authorize his use of MILITIA, if necessary, to enforce federal law. The Force Bill proved to be solely a strong threat, because Jackson sympathized with the South and advocated the drafting of a tariff compromise. Henry Clay was instrumental in the creation of this agreement, which appeased South Carolina. The most significant issue during Jackson’s term was the controversy over the BANK OF THE UNITED STATES . The bank became a topic inthe 1832 presidential campaign and continued into the second administration of the victorious Jackson. The charter of the bank expired in 1836, but Henry Clay encouraged the passage of a bill to secure its recharter in 1832. Jackson was against the powerful bank and overruled the recharter. He proceeded to transfer federal funds from the bank to selected state banks, called “pet banks,” which significantly diminished the power of the bank. Secretary of Treasury Louis McLane refused to remove the funds and was dismissed; similarly, the new treasury secretary, W. J. Duane, Andrew Jackson. LIBRARY OF CONGRESS Andrew Jackson 1767–1845 ▼▼ ▼▼ 17501750 18001800 18251825 17751775 ❖ ◆◆◆ 1767 Born, Waxhaw, S.C. ❖ 1775–83 American Revolution 1787 Admitted to North Carolina bar 1796 Attended Tennessee constitutional convention; elected to U.S. House 1836 Issued Specie Circular causing economic panic of 1837 1845 Died, at the Hermitage, near Nashville, Tenn. 1788 Moved to Nashville and began law practice ◆ 1797–98 Served in U.S. Senate 1829–37 Served as president 18501850 1799–1804 Presided as judge on the Tennessee Superior Court 1812–14 Served with valor during the War of 1812 1818 Sent to quell Seminole Indian uprisings in Florida, almost started a third war with Britain ◆◆ ◆ 1833 Congress passed compromise tariff; South Carolina repealed its act 1832 South Carolina passed Ordinance of Nullification against tariff act ▼▼ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 2 JACKSON, ANDREW also refused. Jackson replaced him with ROGER B. TANEY, who supported Jackson’s views and com- plied with his wishes. In response to this loyalty, Jackson subsequently nominated Taney as a U.S. Supreme Court justice in 1836. In 1836 Jackson faced another financial crisis. He issued the Specie Circular of 1836, which declared that all payments for public property must be made in gold or silver, as opposed to the previous use of paper currency. This proclamation precipitated the economic panic of 1837, which ended Jackson’s second term and extended into the new presidential administration of MARTIN VAN BUREN. Jackson spent his remaining years in retire- ment at his estate in Tennessee, “The Hermit- age,” where he died on June 8, 1845. FURTHER READINGS Ellis, Richard E. 2003. Andrew Jackson. Washington, D.C.: CQ Press. Magliocca, Gerard N. 1999. “Veto! The Jacksonian Revolu- tion in Constitutional Law.” Nebraska Law Review 78 (spring). Available online at http://papers.ssrn.com/ sol3/papers.cfm?abstract_id=928147; website home page: http://papers.ssrn.com (accessed August 2, 2009). Remini, Robert V. 2010. The Life of Andrew Jackson. New York: Harper Perennial Modern Classics. v JACKSON, HOWELL EDMUNDS Howell Edmunds Jackson was a U.S. senator, federal judge on the U.S. Sixth CIRCUIT COURT of Appeals, and U.S. Supreme Court justice. Jackson toiled diligently without fanfare for many years before garnering widespread atten- tion for the last case he heard while sitting on the Supreme Court, Pollock v. Farmers’ Loan & Trust Co., 158 U.S. 601, 15 S. Ct. 912, 39 L. Ed. 1108 (1895). Jackson was born April 8, 1832, in Paris, Tennessee. He graduated from West Tennessee College in 1849, then studied for a time at the University of Virginia. He read the law with a Tennessee Supreme Court judge for a year, and obtained his law degree from Cumberland University in Lebanon, Tennessee, in 1856. Thereafter, he practiced law in Jackson and Memphis. Although Jackson opposed Tennessee’s secession in the Civil War, he served the Confederacy as a receiver of confiscated property. Following the Civil War he served for a short time on the Court of Arbitration for West Tennessee, a provisional court helping the regular Tennessee Supreme Court dispose of a backlog of cases caused by the war. He also made an unsuccessful bid for a seat on the state supreme court. A Whig before the war, Jackson was elected to the Tennessee state legislature as a Democrat Howell E. Jackson. PHOTOGRAPH BY LANDY CINCINNATI. COLLEC- TION OF THE SUPREME COURT OF THE UNITED STATES Howell Edmunds Jackson 1832–1895 ❖ 1832 Born, Paris, Tenn. 1849 Graduated from West Tennessee College 1895 Joined dissent in Pollock v. Farmers' Loan & Trust Co.; died, West Meade, Tenn. 1861–65 U.S. Civil War ◆ 1880 Elected to Tennessee state legislature 1856 Earned law degree from Cumberland University 1893–95 Served as associate justice on U.S. Supreme Court ▼▼ ▼▼ 18751875 19001900 18251825 18501850 ◆◆ 1863 Ran unsuccessful bid for Tennessee state supreme court seat ◆ 1861–65 Served Confederacy during U.S. Civil War 1875–79 Held judgeship on the Court of Arbitration for Western Tennessee ❖ 1886–93 Served on the Sixth Circuit Court of Appeals 1881–86 Served in U.S. Senate GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JACKSON, HOWELL EDMUNDS 3 in 1880. The following year the legislature assembled to choose a U.S. senator on a joint ballot. No candidate, including the incumbent, could muster enough votes in the divided assembly. After a number of deadlocked days, a Republican legislator cast his vote for Jackson, who had not been a candidate, and Jackson was quickly elected. In the Senate he gained a reputation as a tireless worker. He was nonpar- tisan in his friendships, becoming close with Democrat president Grover Cleveland and Republican Senate colleague BENJAMIN HARRISON. Jackson resigned from the Senate in 1886 when President Cleveland appointed him to the Sixth Circuit Court of Appeals, and eventually became that court’s presiding judge. In 1893 lame-duck president Harrison appointed Jackson to fill a vacancy on the U.S. Supreme Court. Harrison appointed Jackson in part because Cleveland was about to become president, and Harrison doubted that any Republican could garner confirmation by the Democratic Senate. Harrison, a former Union general, saw in Jackson, a former member of the Confederate government, not another secessionist southern Democrat but a man committed to serving his entire nation. In August 1894 Congress imposed a nation- wide two percent income tax on all annual incomes in excess of $4,000. The new law, popular in the South and West but despised in the North and East, was quickly challenged as being unconstitutional. Soon, the Supreme Court agreed to hear the case. Tuberculosis struck Jackson, and shortly after the October 1894 session began h is deteriorating health kept him off the bench. HewasabsentinApril1895whentheCourt held in Pollock that part of the new tax law was unconstitutional. The Court was evenly divid- ed on whether the entire law must be declared unconstitutional, and therefore did not express an opinion on the matter. The absence of a firm decision by the justices meant that the courts could expect a flood of litigation from unwilling taxpayers. The Supreme Court quickly granted a rehearing to reexamine the issue. To break the deadlock, it appeared essential that Justice Jackson either resign so that a new justice could be appointed, or agree to hear the case. Jackson decided to hear the case. At Chief Justice Me lville W. Fuller’s insistence, he obtained his doctor’s permission to travel from Tennessee, where he had been recuperating, to Washington, D.C., to return to the bench. The case was argued for three days in early May, 1895. Strong passions about the income tax law, widespread speculation about how Jackson would vote, and the drama of the obviously ailing justice made the case one of keen PUBLIC INTEREST. Reporters speculated that the effort of participating in the hearing might well shorten Jackson’s life. The decision was rendered less than two weeks after oral arguments. Ironically, Jackson’s vote was not crucial, because one of his colleagues changed his opinion. Jackson and three other justices voted to uphold the constitutionality of the tax; five justices, including the colleague who had changed his opinion, voted to declare the entire law void. Jackson, too weak to prepare a formal, written opinion, spoke from notes as he announced his dissent in the Supreme Court chamber. Jackson declared that the decision was “the most disastrous blow ever struck at the constitutional power of Congress.” An income tax was not resurrected until passage of the SIXTEENTH AMENDMENT in 1913. After the rehearing in Pollock, Jackson returned to his home in West Meade, Tennes- see. He died less than three months later, on August 8, 1895. FURTHER READINGS Friedman, Leon, and Fred L. Israel, eds. 1995. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volumes I–V. New York: Chelsea House. Hudspeth, Harvey Gresham. “Howell Edmunds Jackson, 1832–1895. Tennessee Encyclopedia of History and Culture. Available online at http://www.pbs.org/wgbh/ amex/reagan/peopleevents/pande08.html; website home page: http://www.pbs.org (accessed September 5, 2009). Jackson, Howell E., and Edward L. Symons, Jr. 1999. Regulation of Financial Institutions. Eagan, MN: West. CROSS REFERENCE Pollock v. Farmers’ Loan & Trust Co. v JACKSON, JESSE LOUIS, SR. Reverend Jesse Louis Jackson Sr. is a CIVIL RIGHTS activist, clergyman, and prominent African American leader in the United States. Jackson was born October 8, 1941, in Greenville, South Caroli na. His mother, Helen Burns, was only 16 when Jackson was born. His father, Noah Louis Robinson, acknowledged Jackson as his son, but because he was married [THE POLLOCK] DECI- SION DISREGARDS THE WELL -ESTAB- LISHED CANON … THAT AN ACT PASSED BY A CO -ORDINATE BRANCH OF THE GOV- ERNMENT HAS EVERY PRESUMPTION IN ITS FAVOR , AND SHOULD NEVER BE DECLARED INVALID BY THE COURTS UNLESS ITS REPUGNANCY TO THE CONSTITUTION IS CLEAR BEYOND ALL REASONABLE DOUBT . —HOWELL JACKSON GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 4 JACKSON, JESSE LOUIS, SR. to another woman and had several other children, he was not involved in Jackson’s life. When he was three, his mother married Charles Jackson. The family eventually moved out of the poor section of town to a new housing project, where, for the first time, they enjoyed hot and cold running water and an indoor bathroom. Jackson was legally adopted by his stepfather when he was 12. He has one brother, Charles Jackson Jr. Jackson attended the all-black Sterling High School, in Greenville, where he was a star football player. After graduation in 1959, he went north to the University of Illinois on a football scholarship. The following year he transferred to North Carolina Agricultural and Technical College (Nor th Carolina A&T), a mostly black school in Greensboro. There he met his wife, Jacqueline Lavinia Brown, a fellow student who had also grown up in poverty. The couple married December 31, 1962, and have five children: Santita, Jesse Louis Jr. (Democrat- ic representative, second congressional district of Illinois), Jonathan Luther, Yusef DuBois, and Jacqueline Lavinia. While at North Carolina A&T, Jackson began the work that would make him a widely rec- ognized civil rights leader. He led a series of protest demonstrations and sit-ins throughout the South and joined one of the first organized groups in the CIVIL RIGHTS MOVEMENT, the Congress of Racial Equality (CORE). After graduating from college in the fall of 1964, Jackson left the fledgling civil rights movement and moved north again, to attend Chicago Theological Seminary. He immersed himself in his studies, determined to learn how he could bring about change through the ministry. Then in 1965, the civil rights movement began to gain momentum, and Jackson wanted to be a part of it. He joined the SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE (SCLC) of MARTIN LUTHER KING Jr, and expanded its Operation Breadbasket, an econom- ic campaign that used boycotts and negotiations to secure jobs for minorities. Six months before he was to graduate from the seminary, he left to work full-time for the SCLC. Nevertheless, he was ordained a Baptist minister in 1968. Jackson saw King as his mentor and role model, and he became King’s protégé. He worked closely with King and the other SCLC Jesse Jackson. AP IMAGES Jesse Louis Jackson 1941– ▼▼ ▼▼ 19501950 20002000 19751975 ◆ ◆◆◆ ◆ ◆ ◆ ◆ ◆ ◆◆◆ ◆ ❖ 1941 Born, Greenville, S.C. 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1964 Graduated from North Carolina A & T 1965 Joined SCLC and its Operation Breadbasket; became Martin Luther King's protégé 1968 Ordained a Baptist minister; King assassinated 1971 Founded Operation PUSH 1969 Left SCLC after problems with Black Expo 1984 Ran for president and finished third in Democratic primaries; gave speech at national convention 1985 Founded National Rainbow Coalition 1990 Elected "shadow senator" for Washington, D.C. 1988 Ran for president and finished second in primaries; moved to Washington, D.C. 1995 Helped lead the Million Man March 2002 Resigned as president of Rainbow/ PUSH 1997 Represented U.S. as envoy to Kenya elections 1999 Negotiated release of three U.S. POWs held in Kosovo GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JACKSON, JESSE LOUIS, SR. 5 leaders and was with King when King was assassinated on April 4, 1968. In 1969 Jackson organized the first Black Expo, a promotional festival for the companies involved in Operation Breadbasket. The expo was intended to be an annual fundraiser for the SCLC, but Jackson had quietly incorporated the event independently. SCLC officials were enraged, and Jackson finally left the organization. In the early 1970s Jackson formed Operation People United to Serve Humanity (Operation PUSH), with the goal of economic empower- ment for the “disadvantaged and people of color.” He negotiated with such large corpora- tions as the Coca-Cola Company, Heublein, and Ford Motor Company to increase minority employment and minority-owned dealerships and franchises. He also began holding rallies at high schools to raise the self-image of African American students. He stressed the importance of education, personal responsibility, and hard work to achieve one’sgoals.Jackson’sworkwith teenagers attracted the attention of President JIMMY CARTER, whose administration rewarded Jackson with grants and contracts to continue his outreach. He named his school ministry PUSH for Excellence, or PUSH-Excel. During the late 1970s and early 1980s, Jackson emerged as a preeminent African American leader in the United States. He deci d ed to make a bid for the presidency. He mounted an ambitious voter registration drive throughout the South, and barnstormed through Western Europe enlisting support among U.S. service personnel. In an effort to enhance his image and prove that his expertise extended beyond domestic matters, Jackson traveled to trouble spots such as the Middle East, Latin America, and Cuba to meet with leaders there. In 1983 he negotiated the release of Lieutenant Robert O. Goodman Jr ., a U.S. citizen whose j e t had been shot down over Syrian-held territory in Lebanon. Critics dismissed these activities as oppor- tunistic grandsta nding. Particularly troubling to some was Jackson’s perceived anti-Semitic bias. During a private conversation in 1984, Jackson referred to Jews as Hymies and to New York as Hymietown. He later apologized. A short time later, Louis Farrakhan, head of the controversial NATION OF ISLAM and a Jackson supporter, threatened the reporter who had written about Jackson’s remarks. Jackson later distanced himself from Farrakhan and his organization because of their perceived militant anti-white and anti-Semitic stance. Jackson placed third in the 1984 presidential primaries, behind former VICE PRESIDENT Walter F. Mondale and Colorado senator Gary W. Hart. His delegate votes did not give him the clout he needed to compel the Democrats to accept his controversial platform proposals. Jackson gracefully conceded the nomination to Mondale and gave a rousing speech at the Democratic National Convention in San Fran- cisco, which was in part a respo nse to his critics: If in my low moments, in word, deed, or attitude, through some error of temper, taste, or tone, I have caused anyone discomfort, created pain, or revived someone’s fears, that was not my truest self.… I am not a perfect servant. I am a public servant doing my best against the odds. As I develop and serve, be patient. God is not finished with me yet. After the convention, Jackson resumed his duties as head of Operation PUSH. He also continued to be active in progressive causes, leading what he called a counterinaugural march and prayer vigil in January 1985, and participating in a reenactment of the civil rights march from Selma, Alabama, to Montgomery, Alabama, in March 1985. That same year, Jackson formed the National Rainbow Coali- tion, his vision of a modern populist movement comprising African Americans, working fami- lies, liberal urbanites, Hispanics, women’s rights groups, college faculty and students, environ- mentalists, farmers, and labor unions—a cul- tural as well as racial alliance searching for alternatives within the DEMOCRATIC PARTY. Jackson made another run for president in 1988 and finished second behind Michael Dukakis in the primaries. However, much to his disappointment, he was not chosen as the vice presidential nominee. After the 1988 election, Jackson moved from Chicago to Washington, D.C., and was elected one of the city’s “shadow senators.” In this unpaid, nonvoting position, which was created by the Washington City Council, Jackson represents the district’s interests on Capitol Hill. His main responsibility is to lobby Congress for statehood for the nation’s capital. In the 1990s and into the 2000s Jackson continued to be the leading spokesman for civil rights issues on both the domestic and interna- tional fronts. He called on the African American AMERICA IS…LIKE A QUILT —MANY PATCHES , MANY PIECES , MANY COL- ORS , MANY SIZES, ALL WOVEN AND HELD TOGETHER BY A COMMON THREAD . —JESSE JACKSON GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 6 JACKSON, JESSE LOUIS, SR. community to take action against the violence that was claiming so many of its young people. He advocated for such issues as universal health care and equal administration of justice in all U.S. cities. And in 1996, in an effort to maximize efforts, the Rainbow Coalition and Operation PUSH merged to form Rainbow/PUSH Coali- tion, which remains devoted to education, PUBLIC POLICY changes, and social and economic empowerment. In 1997 President BILL CLINTON and Secretary of State MADELEINE ALBRIGHT named Jackson as Special Envoy for the President and Secretary of State for the Promotion of Democracy in Africa. He has met with many of the leaders of African nations in support of this directive. He also has served as an international diplomat on a number of other occasions, and in 1999, negotiated the release of U.S. soldiers held in Kosovo. In 2000, President Clinton awarded Jackson the highest civilian honor, the Presidential Medal of Free- dom, for his national and international civil rights efforts. That same year, Jackson received his master of divinity degree from the Chicago Theological Seminary on June 3. He had been only three courses short of earning his degree when he left the school to work with a minister more than three decades ago. Jackson disappointed many of his followers when it came to light in 2001 that he had had an extramarital affair that resulted in the birth of a daughter, who was 20 months old at the time of his announcement. “I fully accept responsibility, and I am truly sorry for my actions,” he said in a written state ment. In July 2002 Jackson, without specifying a timetable for his intention of stepping down, announced that his successor as president of the Rainbow/PUSH Coalition would be the Rev. James Meeks. Jackson said that he wanted to have a successor in place so that the organiza- tion would not be traumatized by his retire- ment. But this announcement did not mean that Jackson was slowing down. Over the next two years he worked to defeat the recall of California Governor Gray Davis, to support the election of Democratic presidential candidate John Kerry, to defeat a ballot measure that would have banned the California government from collecting data about people’s race in most circumstances, to support striking Yale Univer- sity service and clerical workers, and to stop a Texas redistricting plan that would have been favorable to Republicans. He was even arrested for his part in the protests at Yale. Jackson is often involved in issues dealing with civil rights and political activism. In March 2005 Jackson met with Florida Governor Jeb Bush and the state’s Senate President, Tom Lee, to discuss the case of brain-damaged Terri Schiavo. He was in favor of her parent’s wishes. In June 2007 he and other demonstrators were arrested for blocking the entrance to a gun shop in Riverdale, Illinois. A tireless activist, Jackson maintains a whirl- wind schedule, traveling to schools and univer- sities for speaking engagements, appearing on news programs, and writing a weekly syndicated column that provides political analysis. He has received numerous awards and commendations throughout his career, including the NAACP’s Spingarn Medal. He also has been the recipient of more than 40 honorary degrees. FURTHER READINGS Frady, Marshall. 1996. Jesse: The Life and Pilgrimage of Jesse Jackson. New York: Random House. Hertzke, Allen D. 1993. Echoes of Discontent: Jesse Jackson, Pat Robertson, and the Resurgence of Populism. Washington, D.C.: CQ Press. v JACKSON, ROBERT HOUGHWOUT Robert Houghwout Jackson served as general counsel for the Federal Bureau of Internal Revenue, attorney general of the United States, and justice of the U.S. Supreme Court. During his service on the Court from 1941 to 1954 Jackson delivered unconventional opinions that did not always coincide with those of the president who had appointed him, FRANKLIN D. ROOSEVELT.Jackson was nonetheless chosen to be chief counsel at the NUREMBERG TRIALS following WORLD WAR II. Jackson’s straightforward style as a lawyer and a justice stemmed from his rural upbring- ing. The first Jacksons immigrated to the United States from England in 1819. They settled in Spring Creek, Pennsylvania, where Jackson was born on February 13, 1892. His father, William Eldred Jackson, provided for the family through farming and lumbering. In September 1911 Jackson entered Albany Law School, passing the bar in 1913. He then began a lengthy career with the establishment of a law practice at Jamestown, New York, and formed a friendship with fellow New Yorker Roosevelt. IT IS NOT THE FUNC- TION OF OUR GOV- ERNMENT TO KEEP THE CITIZEN FROM FALLING INTO ERROR ; IT IS THE FUNCTION OF THE CITIZEN TO KEEP THE GOVERN- MENT FROM FALLING INTO ERROR . —ROBERT JACKSON GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JACKSON, ROBERT HOUGHWOUT 7 . of Arbitration for Western Tennessee ❖ 18 86 93 Served on the Sixth Circuit Court of Appeals 1881– 86 Served in U.S. Senate GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JACKSON, HOWELL EDMUNDS 3 in. k How to Use This Book 1 1 2 4 3 2 3 4 5 6 7 8 9 10 11 12 13 XIII 5 6 7 9 10 13 12 11 8 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION XIV HOW TO USE THIS BOOK Contributors Editorial. Resigned as president of Rainbow/ PUSH 1997 Represented U.S. as envoy to Kenya elections 1999 Negotiated release of three U.S. POWs held in Kosovo GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JACKSON,