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

legitimate means of interpretation. Kennedy testified that ORIGINAL INTENT was only a starting point in interpreting the Constitution. In his Senate testimony, Kennedy stated his commit- ment to the principle of STARE DECISIS. This principle refers to the respect for legal precedent created by prior cases and the need to maintain precedent even if the current judges do not agree with the original ruling. Kennedy was confirmed in February 1988, with many liberal members of Congress feeling that he was too conservative, and some con- servatives believing he was moderate, a com- promise candidate who could survive the confirmation process. Since taking office as associate justice, Kennedy has proved to be bo th conservative and moderate, depending on the case. He has usually sided wit h the conservative m embers of the Court, but he has gained attention by departing from them in two important cases. In Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992), watchers had expected the Court to overrule explicitly ROE V. WADE, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147, the 1973 decision that defined the right to choose abortion as a fundamental constitutional right. Kennedy joined with Justices Sandra Day O’Connor and DAVID H. SOUTER in an opinion that defended the reasoning of Roe and the line of cases that followed it. In 1996 Kennedy wrote a landmark and controversial decision concerning gay rights. In ROMER V. EVANS, 517 U.S. 620, 116 S. Ct. 1620, 134 L. Ed. 2d 855, Kennedy declared unconstitu- tional an amendment to the Colorado state constitution (West’s C.R.S.A. Const. Art. 2, § 30b) that prohibited state and local govern- ments from enacting any law, regulation, or Anthony M. Kennedy. ROBIN REID, COLLECTION OF THE SUPREME COURT OF THE UNITED STATES ▼▼ ▼▼ ◆ 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 2000 Presidential election result uncertain due to disputed Fla. vote count; recount halted by U.S. Supreme Court with 5–4 vote in Bush v. Gore ◆◆ ◆ ❖ ◆ ◆ ◆ 1936 Born, Sacramento, Calif. 1975–88 Sat on Ninth Circuit Court of Appeals 1979–90 Served on Committee on Pacific Territories of the U.S. Judicial Conference; elected chair in 1982 1979–87 Served on Admisory Committee on Codes of Conduct of the U.S. Judicial Conference 1988 Appointed associate justice of U.S. Supreme Court by President Reagan 1992 Joined majority in Planned Parenthood of Southeastern Pennsylvania v. Casey, which affirmed basic reasoning of Roe v. Wade 2000 Wrote unanimous opinion in U.S. v. Locke, limiting state power to regulate environmental standards for oil tankers; voted with majority in Bush v. Gore 1996 Wrote Romer v. Evans decision, which struck down Colorado’s Amendment 2 ◆ ◆ ◆◆ 1958 Graduated from Stanford University 1961 Earned LL.B. from Harvard Law School 1965 Began teaching constitutional law at McGeorge School of Law, University of the Pacific 2003 Wrote majority opinion in Lawrence v. Texas 1930 1975 2000 1950 2007 Wrote majority opinion in Gonzales v. Carhart, upholding federal law criminalizing partial birth abortions 2008 Wrote majority opinion in Boumediene v. Bush, giving habeas corpus rights to Guantanamo Bay prisoners Anthony McLeod Kennedy 1936– GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 138 KENNEDY, ANTHONY MCLEOD policy that would, in effect, protect the CIVIL RIGHTS of gay men, lesbians, and bisexuals. Kennedy ruled that the amendment violated the EQUAL PROTECTION Clause of the FOURTEENTH AMENDMENT , noting that the amendment classi- fied gay men and lesbians “not to further a prop er legislative end but to make them unequal to everyone else,” and adding, “This Colorado cannot do.” Although considered a swing vote on closely divided court, Kennedy has authored opinions that enhance states’ police powers. In Kansas v. Hendricks, 521 U.S. 346, 117 S. Ct. 2072, 138 L. Ed.2d 501 (1997), Kennedy upheld a state law that permitted the indefinite civil commitment of “sexual psychopath” prisoners who had complet- ed their prison terms. In McKune v. Lile, 536 U.S. 24, 122 S. Ct. 2017, 153 L. Ed. 2d 47 (2002), Kennedy concluded that that states can limit the privileges of prisoners who refuse to divulge their past crimes as part of a therapy program. In addition, he has supported the constitutionality of sex-offender registry lists, compulsory drug testing of public-school students who wish to participate in extracurricular activities, and “three strikes” mandatory-sentencing schemes. In BUSH V . GORE, 531 U.S. 98, 121 S. Ct. 525, 148 L.Ed.2d 388 (2000), Kennedy voted with the majority to bar Florida from conducting a recount of presidential ballots, thereby ensuring the election of GEORGE W. BUSH. In LAWRENCE V. TEXAS, the Supreme Court, in a6–3 decision in 2003, declared a Texas law that prohibited sexual acts between same sex couples unconstitutional. Justice ANTHONY KENNEDY, writ- ing for the majority, held that the right to privacy protects a right for adults to engage in private, consensual homosexu al activity. Justice Kennedy’s opinion expressly overruled the Court’s decision in Bowers v. Hardwick (1986), which had come to an opposite conclusion. In March 2005 Kennedy wrote the major- ity opinion in a 5–4 U.S . Supreme Court ruling that said executing killers who were under 18 when they committed their crimes was unconstitutional. Some U.S. Supreme Court analysts suggested that Kennedy might be appointed chief justice when WILLIAM REHNQUIST chose to retire. But when Rehnquist died, Kennedy was not given the chief justice position. Whereas some argue that Kennedy is not liberal enough for liberals, or conservative enough for conservatives, others point out that the centrist views that often make him the swing vote in cases dividing the Court might have made him attractive enough to survive the Senate nomination procedure w ith- out a major confirmation fight. FURTHER READINGS Amar, Akhil Reed. 1997. “Justice Kennedy and the Idea of Equality.” Pacific Law Journal 28 (spring). Freiwald. Aaron. 1987. “Portrait of the Nominee as a Young Man: As Lobbyist and Lawyer, Anthony Kennedy Thrived in Reagan’s California.” Legal Times 23 (November). Friedman, Lawrence M. 1993. “The Limitations of Labeling: Justice Anthony M. Kennedy and the First Amend- ment.” Ohio Northern University Law Review 20 (winter). Knowles, Helen J. 2009. The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty. Lanham, MD: Row- man & Littlefield Publishers. Lane, Charles. 2002. “Justice Kennedy’s Future Role Pondered.” Washington Post (June 17). Maltz, Earl M. 2000. “Justice Kennedy’s Vision of Federal- ism.” Rutgers Law Journal 31 (spring). CROSS REFERENCE Gay and Lesbian Rights. v KENNEDY, EDWARD MOORE TED KENNEDY served as a U.S. senator from Massachusetts for 47 years, from 1962 to 2009. The brother of President JOHN F. KENNEDY and Senator ROBERT F. KENNEDY, who were both assa- ssinated, he championed many liberal social programs, including NATIONAL HEALTH CARE, and was a major figure in the DEMOCRATIC PARTY.His presidential aspirations were damaged because of personal scandal. Edward Moore “Ted” Kennedy, the youn- gest of nine children of Joseph P. Kennedy and Rose Fitzgerald Kennedy, was born February 22, 1932, in Brookline, Massachusetts. He started at Harvard University in 1950, then left in 1951 to serve in the U.S. Army. He returned to college in 1953 and graduated in 1956. He next attended the University of Virginia Law School, where he graduated in 1959. He married Virginia Joan Bennett in 1958. The couple had three children, Kara A., Edward M., Jr., and Patrick J. They were divorced in 1983 . In 1960 Kennedy became an assistant district attorney in Suffolk County, Massachu- setts. He soon turned his eye toward politics. After his brother John was elected president in 1960 and had to resign from the U.S. Senate, Kennedy filed in the 1962 election to fill out GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KENNEDY, EDWARD MOORE 139 John’s term. His announcement led opponents to criticize him for trading on the Kennedy name. He was only 30 years old, the minimum age for a U.S. senator set by the U.S. Constitu- tion, and had little experience in politics or the workplace. Nevertheless, Kennedy easily won the election. He won a full six-year term in 1964 and was re-elected eight times until his death in 2009. Despite his youth, Kennedy soon emerged as a forceful advocate of social-welfare legisla- tion and a respected member of the Senate. He was elected Senate majority whip in 1969, which was highly unusual for a person with little seniority. Kennedy appeared ready to make a presidential bid in 1972. But any hopes in that direction were dashed in the summer of 1969, when his personal conduct became a national scandal. On July 18, 1969, Kennedy attended a party with friends and staff members on Chappa- quiddick Island, Massachusetts. That evening, Kennedy drove his car off a narrow bridge on the island. Mary Jo Kopechne, a passenger in the car and former member of his brother Robert’s staff, drowned. Kennedy’s actions following the accident were disturbing. He did not immediately report what had happened, and he remained in seclusion for days. He pleaded guilty to the MISDEMEANOR charge of leaving the scene of an accident. This PLEA, coupled with the revelation that he, a married man, had been in the company of a young, unmarried woman, devastated Kennedy’s image and political standing. He lost his majority whip position in 1971 and refused to become involved in the 1972 presidential race. During the 1970s Kennedy concentrated his energies on his senatorial duties. He became the leading advocate of a national health care system that would provide coverage to every citizen without regard to income. He also Ted Kennedy. AP IMAGES Edward Moore Kennedy 1932–2009 ▼▼ ▼▼ 1925 2000 1975 1950 ◆ ❖ ◆ ◆ ◆◆ 1932 Born, Brookline, Mass. 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War ◆◆ ◆ 1951–53 Served in U.S. Army 1959 Earned LL.B. from University of Virginia Law School 1960 Became asst. district attorney in Suffolk County, Mass.; brother John F. Kennedy elected U.S. president 1962 Elected to John F. Kennedy’s U.S. Senate seat 1963 John F. Kennedy assassinated 1968 Robert F. Kennedy assassinated 1969 Elected Senate majority whip; involved in controversial car accident at Chappaquiddick (Mass.) 1979–80 Ran unsuccessful campaign for president 1979–81 Chaired Senate Judiciary Committee 2006 Elected to eighth Senate term 2002 Inducted into American Academy of Arts & Sciences ◆◆ ◆❖ 2009 Awarded Presidential Medal of Freedom 2006 Received National Association of Public Hospitals and Health Systems Lifetime Achievement Award 2008 Helped break Republican filibuster of Medicare bill 2009 Died, Hyannis Port, Mass. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 140 KENNEDY, EDWARD MOORE argued for tax reform, arms control, and stronger antitrust laws. From 1979 to 1981, he chaired the SENATE JUDICIARY COMMITTEE.He initially supported the administration of Demo- cratic president JIMMY CARTER, but soon criticized Carter’s economic policies and leadership style. His dissatisfaction led him to seek the presidential nomination in 1980. Running against an incumbent of his own party, Kennedy drew the support of liberals and won primaries in ten states. Carter nevertheless won the nomination. However, already weakened by Kennedy’s criticisms, Carter lost the general election to RONALD REAGAN. During the administrations of Reagan and his successor, GEORGE H.W. BUSH, Kennedy became the leading liberal critic of Republican policies and politics. Kennedy’s personal life co ntinued to attract attention in the 1990s. In March 1991, Kennedy’s nephew, William Kennedy Smith, was charged with RAPE in Palm Beach, Florida. The alleged ASSAULT took place at the Kennedy family compound. Palm Beach police asserted that Kennedy had obstructed justice by misleading police early in their investigation. When police arrived to investigate, they were told that Kennedy and Smith had already left the area. Later investigation of travel records indicated that Kennedy probably was still in the mansion at the time. Although Smith was acquitted of the charge in December 1991, the nationally tele- vised trial again tarnished Kennedy’s reputation. In July 1992 Kennedy married Victoria Reggie, a Washington, D.C., lawyer. Despite differing public opinions, Kennedy remained a powerful member of the U.S. Senate. In 1996 he sponsored legislation with Republican Senator Nancy Kassebaum of Kan- sas that made HEALTH INSURANCE portable, so that families would not lose their health insurance coverage if they lost or changed jobs. In 1999 Kennedy and his family suffered a further tragic loss when a small airplane piloted by his nephew John Kennedy, Jr. went down in the Atlantic Ocean near Martha’s Vineyard, Massachusetts, killing John Kennedy, his wife, and his sister-in-law. Once again, Ted Kennedy found himself playing the role of family patriarch as he oversaw funeral arrangements and consoled family members. In the new millennium, Kennedy continued his role as senior senator, serving as the senior Democrat on the IMMIGRATION Subcommittee of the Judiciary Committee and as a member of the Senate Arms Control Observer Group, a part of the Armed Services Committee. Kennedy’s persistence, collegiality, and long service won him friends on both sides of the aisle. While on the Senate, he advocated for numerous causes, including raising the MINIMUM WAGE , strengthening CIVIL RIGHTS laws and laws aimed at protecting senior citizens and persons with disabilities, and tightening environmental and worker-safety laws. In 2007 Kennedy began suffering from health problems and underwent surgery to remove a blocked artery. In May 2008 he suffered a seizure and was diagnosed with a brain tumor, undergoing surgery that June. Kennedy returned to the Senate in July and helped break a Republican filibuster of a MEDICARE bill. The determined senator left his hospital bed to be a featured speaker on the opening night of the Democratic National Convention that August. In 2009, at an Inauguration Day luncheon for President BARACK OBAMA,whomhehadendorsed and supported, Kennedy suffered another seizure, and was later stabalized. 2009 continued to be an important year, as Kennedy was awarded by President Barack Obama the Presidential Medal of Freedom, the highest civilian honor in the United States. That same month, his sister, Eunice Kennedy Shriver, known worldwide for her efforts with the mentally disabled, and for founding the Special Olympics, died at the age of 88. Kennedy also published a memoir, True Compass,in 2009. Before his death on August 25, 2009, only a few weeks after his sister’s death, the Senator, who had been re-elected to eight full terms, continued to be an advocate for health care, education, civil rights, immigration reform, raising the minimum wage, defending the rights of workers and their families, assisting indivi- duals with disabilities, protecting the environ- ment, and safeguarding and strengthening SOCIAL SECURITY and Medicare. He was also a strong opponent of the war in Iraq. He was chair of the Senate Health, Education, Labor and Pensions Committee, and also served on the Senate Armed Services Committee, where he was Chairman of the Seapower Subcommit- tee. At the time of his death, the debates about health care reform in the U.S. continued to heat AMERICA WAS AN IDEA SHAPED IN THE TURBULENCE OF REVOLUTION , THEN GIVEN FORMAL STRUCTURE IN A CONSTITUTION . —TED KENNEDY GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KENNEDY, EDWARD MOORE 141 up, which was an issue near and dear to his heart, and one that he always strived to solve. His death signified, according to the media as well as family and friends, the end of an era for the Kenn edy clan. FURTHER READINGS Kennedy, Edward M. 2009. True Compass: A Memoir. New York: Hachette Book Group. “A Private Return to the Sea.” 1999. Minneapolis Star Tribune. (July 23). Senator Edward Kennedy Senate site. Available online at kennedy.senate.gov (accessed on August 18, 2009). CROSS REFERENCE Health Care Law. v KENNEDY, JOHN FITZGERALD John Fitzgerald Kennedy was the 35th PRESIDENT OF THE UNITED STATES , serving from 1961 until his ASSASSINATION in 1963. Although his admin- istration had few legislative accomplishments, Kennedy energized the United States by pro- jecting idealism, youth, and vigor. Kennedy was born May 29, 1917, in Brookline, Massachusetts. His father, Joseph P. Kennedy, was a self-made millionaire and the son of a Boston politician. His mother, Rose Fitzgerald Kennedy, was the daughter of John F. (“Honey Fitz”) Fitzgerald, who served as a Representative and a mayor of Boston. Kennedy, one of nine children, graduated from Harvard University in 1940. His senior thesis, “Why England Slept,” which addressed the reasons why Great Britain had been unprepared for WORLD WAR II, was published in 1940 to great acclaim. His father thought that Kennedy would become a writer or teacher, and that Kennedy’s older brother, Joseph P. Ken- nedy, Jr., would go into politics. World War II changed those plans. Kennedy joined the Navy in 1941 and commanded a PT boat in the Pacific Ocean. In 1943, the boat was attacked and destroyed, and Kennedy emerged a as hero, owing to his valiant efforts to save his crew. His older brother Joseph was killed in action in 1944. Kennedy’s father then transferred his political goals to Kennedy. In 1946 Kennedy was elected to the U.S. House of Representatives from the solidly Democratic Eleventh District of Massachusetts. He was re-elected in 1948 and 1950. In 1952 he was elected to the Senate, defeating the incumbent, Republican HENRY CABOT LODGE Jr. Kennedy kept a low profile at first, working on legislation that benefited Massachusetts. Back problems and other phy- sical maladies bedeviled Kennedy during this period. He underwent two operations on his back, to alleviate chronic pain. During his convalescence, he wrote Profiles in Courage (1956), a series of essays on courageous stands taken by U.S. senators throughout U.S. history. It won the 1957 Pulitzer Prize for biography. In 1956 Kennedy sought the Democratic vice presidential nominat ion. He made the John Fitzgerald Kennedy 1917–1963 ▼▼ ▼▼ 19001900 19751975 19501950 19251925 ❖ ❖ 1917 Born, Brookline, Mass. 1914–18 World War I ◆ 1940 Graduated from Harvard University 1943 PT boat attacked and destroyed in Pacific Ocean 1939–45 World War II 1941–45 Served in U.S Navy 1946–52 Served in U.S. House 1950–53 Korean War 1956 Profiles in Courage published; won Pulitzer Prize for biography ◆ 1952–60 Served in U.S. Senate ◆ 1960 Elected president of the United States; appointed his brother Robert U.S. attorney general ◆ 1961 Failed Bay of Pigs invasion; summit meeting with Nikita Khrushchev ◆ 1961–73 Vietnam War ◆ 1968 Brother Robert Kennedy assassinated during campaign for president ◆ 1964 Civil Rights Act of 1964 passed 1963 Assassinated by Lee Harvey Oswald in Dallas, Tex. 1962 Cuban Missile Crisis ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 142 KENNEDY, JOHN FITZGERALD presidential nominating speech for ADLAI STE- VENSON , of Illinois, who was nominated for a second time to run against DWIGHT D. EISEN- HOWER . Despite a vigorous effort, Kennedy lost the vice presidential nomination to Senator Estes Kefauver, of Tennessee. In 1957 Kennedy was appointed to the Senate Foreign Relations Committee, where he became a critic of the Eisenhower administra- tion’s foreign policy and a champion for increased aid to underdeveloped countries. He also served on the committee that investigated corruption and RACKETEERING in labor unions and the head of the Teamsters Union, JAMES R. HOFFA. In 1960 Kennedy won the Democratic presidential nomination. He selected Senator LYNDON B. JOHNSON, of Texas, to be his running mate. After a vigorous campaign that included television debates with Republican RICHARD M. NIXON, Kennedy won the election by fewer than 120,000 popular votes. He was the youngest American ever to be elected president, as well as the first Roman Catholic to hold the office. His impressive inaugural speech contained the popular phrase “Ask not what your country can do for you—ask what y ou can do for your country.” Once in office, Kennedy drafted a series of ambitious measures that were co llectively enti- tled the New Frontier. These policies included expanding the space program, instituting CIVIL RIGHTS legislation, aiding education, improving the tax system, and providing medical care for older citizens through the SOCIAL SECURITY program. Most of the New Frontier programs failed to progress through a Congress that was dominated by southern Democratic leadership, but many were enacted by President Johnson following Kennedy’s assassination. The Kennedy administration was enmeshed in a series of foreign crises almost immediately. In April 1961 Kenn edy was severely criticized for approving an ill-fated invasion of the Bay of Pigs, in Cuba. This clandestine operation, conceived during the Eisenhower administra- tion, was conducted by anti-Communist Cuban exiles who had been trained in the United States, and it was directed by the CENTRAL INTELLIGENCE AGENCY . The invasion achieved public notoriety when it failed and created international tension. In June 1961 Kennedy and Premier Nikita Khrushchev, of the Soviet Union, met in Vienna to discuss ways of improving Soviet-U.S. relations. Instead of proceeding with those discussions, Khrushchev announced an in- creased alliance with East Germany. Later, the Berlin Wall was constructed to prohibit West- ern influence and to prevent persons from fleeing East Germany. In response, the United States added to its military forces in Germany. The most serious crisis occurred in O ctober 1962, when the U.S. learned that Soviet missiles were about to be placed in Cuba. Kennedy issued a forceful statement demanding the dismantling of the missile sites and ordered a blockade to prevent the delivery of the missiles to Cuba. The world was poised for nuclear war until Khrushchev backed down and agreed to Kennedy’s demands. Kennedy’s handling of the crisis led to national acclaim. U.S. involvement in Southeast Asia began to increase during the Kennedy administration. Kennedy agreed to send U.S. advisers to help the South Vietnamese government fight Com- munist rebels. In 1963 the United States be came involved in overthro wing the corrupt and unscrupulous South Vietnames e government of President Ngo Dinh Diem. On the domestic front, Kennedy interacted with a newly invigorated CIVIL RIGHTS MOVEMENT John F. Kennedy. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KENNEDY, JOHN FITZGERALD 143 that was seeking to integrate the South . In 1961 federal marshals were sent to Montgomery, Alabama, to help restore order after race riots had erupted. In 1962 Kennedy sent 3,000 federal troops into Oxford, Mississippi, to restore order after whites rioted against the University of Mississippi’s admission of JAMES MEREDITH, its first African American student. In 1963 Ken- nedy was forced to federalize the Alabama NATIONAL GUARD in order to integrate the Univer- sity of Alabama. Later that year, he federalized the Guard again, in order to integrate the public schools in three Alabama cities. Faced with these problems, Kennedy pro- posed legislation requiring that hotels, motels, and restaurants admit customers regardless of race. He also asked that the U.S. attorney general be given authority to file lawsuits demanding the desegregation of public schools. Most of these proposals were passed in the Civil Rights Act of 1964 (42 U.S.C.A. § 2000a et seq.). Kennedy’s achievements during his brief term as chief executive included an agreement with the Soviet Union to restrict nuclear testing to underground facilities; the creation of the Alliance for Progress, to establish economic programs to aid Latin America; and the creation of the Peace Corps program, which provides U.S. volunteers to work in underdeveloped countries. On November 22, 1963, Kennedy’s term was end ed by an assassin’s bullets in Dallas, and Johnson was sworn in as president. Lee Harvey Oswald was charged with the MURDER. Oswald was killed two days later by Dallas nightclub owner JACK RUBY, while being moved from the city jail to the county jail. Johnson appointed a commission headed by Chief Justice EARL WARREN to investigate the Kennedy assassination. In its report, issued in September 1964, the commission concluded that Oswald had acted alone in murdering Kennedy. Kennedy’s assassination has remained one of the nation’s most heated controversies. Many people were initially doubtful of the report’s conclusions, and the skepticism has grown over time. Thousands of articles and books have been written that challenge the commisssion’s findings and allege that agencies of the federal government withheld information from the commission and that the commission itself concealed evidence that contradicted its con- clusions. In 1978 and 1979, the House Select Committee on Assassinations re-examined the evidence and concluded that Kennedy “was probably assassinated as a result of a conspiracy.” Nevertheless, critics charged that vital informa- tion remained withheld from the public. In an effort to restore government credibility, Congress enacted the President JOHN F. KENNEDY Assassination Records Collection Act of 1992, 44 U.S.C.A. § 2107, which established the Assassination Records Review Board, an inde- pendent federal agency whose mission was to identify and release as many records relating to the assassination as possible. The board com- pleted its work in 1998, releasing thousands of documents relating to the events on, and leading to, November 22, 1963. However, no conclusive evidence has surfaced to indicate the true assassin or any other individuals who participated in the assassination. Kennedy married Jacqueline Bouvier in 1953. They had two surviving children, Caroline and John F. Kennedy Jr. Following Kennedy’s death, the activities of Jacqueline and the two children remained part of the American con- sciousness. In 1968 Jacqueline married wealthy Greek businessman Aristotle Onassis, who died in 1975. She worked as an editor with Double- day until her death in 1994. John F. Kennedy Jr. emerged as a popular media figure, and in 1995 he founded the now-defunct political magazine George. However, like his father, the junior Kennedy died an early, tragic death when he was killed in a plane crash along with his wife and sister-in-law in 1999. FURTHER READINGS Anderson, Catherine Corley. 2004. John F. Kennedy. Minneapolis: Lerner. Kovaleff, Theodore P. 1992. “The Two Sides of the Kennedy Antitrust Policy.” Antitrust Bulletin 37 (spring). Raatma, Lucia. 2002. John F. Kennedy. Minneapolis, MN: Compass Point. Schlesinger, Arthur M. 2000. John F. Kennedy, Commander In Chief: A Profile In Leadership. New York: Gramercy. CROSS REFERENCES Cuban Missile Crisis; “Inaugural Address” (Appendix, Primary Document); Limited Test Ban Treaty; Warren Commission. v KENNEDY, ROBERT FRANCIS For more than 25 years in public service, ROBERT FRANCIS KENNEDY was at the center of the most important political and legal develop- ments of his time. The younger b rother, by five years, of President JOHN F. KENNEDY,in THE RIGHTS OF EVERY MAN ARE DIMINISHED WHEN THE RIGHTS OF ONE MAN ARE THREATENED . —JOHN F. KENNEDY GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 144 KENNEDY, ROBERT FRANCIS whose cabinet he served, Bobby Kennedy held a number of roles in gove rnment: assistant counsel (1953–55) and chief counsel (1955–57) to the Senate Permanent Subcommittee on Investigations, chief counsel of the Senate Rackets Committee (1957–59), U.S. attorney general (1960–63), and finally U.S. senator from New York (1965–68). His major endeavors included probing union corruption in the 1950s and implementing White House policy on the CIVIL RIGHTS MOVEMENT in the early 1960s. He was assassinated in 1968, like his brother before him, while campaigning for the presidency. Born into one of the United States’ most powerful political dynasties, on November 20, 1925, in Brookline, Massachusetts, Kennedy was the third son of Joseph P. Kennedy and Rose Fitzgerald Kennedy. Great things were expected of the Kennedy sons, and the means were provided: $1-million trust funds, entrance to the Ivy League, and later, leverage to see that they held government positions. Kennedy’sfather,a business magnate and former U.S. ambassador to Great Britain, doted on the shy, bookish, and devoutly Catholic young man. His father thought Kennedy was most like himself: tough. Kennedy was educated at Harvard College, interrupting his studies to serve in WORLD WAR II as a Navy lieutenant, following the death of his eldest brother, Joseph Patrick Kennedy, Jr., in the war. He served aboard the destroyer Joseph P. Kennedy until being discharged in 1946, then returned to Harvard, where he played football and earned his bachelor of arts degree in 1948. He next traveled briefly to Palestine as a war correspondent. MARRIAGE to Ethel Skakel followed in 1950, and a law degree from the University of Virginia in 1951. Kennedy and his wife had eleven children over the next eighteen years. Kennedy’s rapid ascent in national politics began immediately upon his admission to the Massachusetts bar in 1951. He first joined the Criminal Division of the U.S. JUSTICE DEPARTMENT as a prosecutor. The next year he managed his brother John’s senatorial campaign, and in early 1953 he was appointed an assistant counsel to the Senate Permanent Subcommittee on Inves- tigations, which became the bully pulpit for the Robert Francis Kennedy 1925–1968 ▼▼ ▼▼ 19251925 19751975 19501950 ❖ 1925 Born, Brookline, Mass. 1939–45 World War II 1944–46 Served in U.S. Navy ◆ 1948 Earned A.B. from Harvard University ◆ 1951 Earned LL.B.; joined Justice Department's Criminal Division ◆ 1952 Ran brother John's first Senate campaign 1950–53 Korean War 1953–56 Served as counsel to the Senate Permanent Subcommittee on Investigations 1957–60 Served as chief counsel of Senate Select Committee on Improper Activities 1961–73 Vietnam War 1965–68 Served as U.S. senator from N.Y. ❖ 1968 Assassinated after campaign rally in Los Angeles, Calif. 1964 Pursuit of Justice published ◆ ◆ 1960–64 Served as U.S. attorney under JFK and beginning of Lyndon Johnson's term 1960 Ran brother John's successful presidential campaign; The Enemy Within published ◆ 1964 Civil Rights Act of 1964 passed Robert Kennedy. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KENNEDY, ROBERT FRANCIS 145 anti-Communist witch-hunts of its chairman, Senator JOSEPH R. MCCARTHY. Kennedy worked under McCarthy’s foremost ally, Chief Counsel ROY COHN, and investigated international ship- ping to Communist China, before resigning over disgust with McCarthy in mid-1953. Historians view his role in the RED SCARE created by the proceedings to have been very limited, although some have argued that Kennedy was initially blind to Senator McCarthy’s agenda. Kennedy rejo ined the subcommittee in 1954, and be came it s chief counsel and staff director in 1955. Under the new leadership of Senator JOHN MCCLELLAN , the subcommittee turned its atten- tion to labor RACKETEERING. Kennedy focused on corruption in the International Brotherhood of Teamsters. Heading a staff of 65 investi- gators, he squared off against the union’s presidents, David Beck and JAMES R. HOFFA,in dramatic public hearings at which he often was accompanied by his brother John. Kennedy and the subcommittee believed the union had con- nections to ORGANIZED CRIME; the union viewed Kennedy as a show-off who was persecuting it for his own political benefit. The union leaders frequently took the FIFTH AMENDMENT, refusing to answer questions under Kennedy’s relentless grilling. Beck resigned and was later convicted; Kennedy became a national figure. The hearings began a long-running feud between Kennedy and Hoffa that would continue into the 1960s. Kennedy later devoted considerable resources of the Justice Department to prosecuting Hoffa, ultimately convicted in 1964 for jury tampering, FRAUD, and conspiracy in the handling of a Teamster benefit fund. In 1960 Kennedy managed his brother John’s presidential campaign. His reward was the position of attorney general, an appoint- ment that brought widespread criticism of the president-elect for nepotism. But Kennedy’s brother stood behind his decision, and thus began a relationship unique in presidential history: Throughout foreign policy crises in Cuba and Vietnam, domestic unrest over CIVIL RIGHTS , and especially the day-to-day function- ing of the White House, Kennedy served as his brother’s closest adviser. The two also shared a common problem in the person of Director J. Edgar Hoover, of the FEDERAL BUREAU OF INVESTIGATION (FBI), who secretly kept tabs on them while intensifying the FBI’s domestic spying during the Kennedy administration. The greatest crisis facing Attorney General Kennedy was the civil rights movement. The slow pace of change had frustrated civil rights leaders and mounting violence—from beatings to murder—brought pleas to the White House for intercession to protect demonstrators. During the Freedom Rides of 1961, for example, when busloads of black activists sought to integrate bus stations in the South, the movement’sleaders appealed for help. Kennedy dispatched Justice Department representatives to Alabama; asked for assurances of protection from Governor John Patterson, of that state; and brought suit to win a court order on behalf of the riders. The administration was reluctant to do more because of concerns about limitations on federal power. Then in May 1961, after more terrible assaults on the activists in Montgomery, Alabama, the attorney general dispatched 500 federal marshals to Alabama. Yet the protection rendered did not stop local authorities from arresting, jailing, and beating activists. The reluctance of the White House to intercede more forcefully had a political rationale as well: the new Kennedy administration had won election by a small margin that included southern support. As critics have noted, concerns about federal authority did not stop the attorney general from later authorizing Director Hoover to place wiretaps on the Reverend MARTIN LUTHER KING , JR., whom the pro-civil rights White House treated as an ally. Hoover’s concerns about King’s alleged Communist ties affected the Kennedys. As Kennedy later told an interviewer, “We never wanted to get very close to him just because of these contacts and connections that he had, which we felt were damaging to the civil rights movement.” Nor did Kennedy balk at approving the appointment of William Harold Cox, an outspoken racist, as a district judge in Mississippi, for reasons of political expediency, although he later regretted having done so. In time, Kennedy and the president took bolder steps—in 1962, sending five thousand federal marshals to quell rioting in Mississippi, after JAMES H. MEREDITH became the first black man to enter the state’s university, and later, securing King’s release from jail in Birmingham, Alabama. The ASSASSINATION of his brother John in 1963 changed the course of Kennedy’s life. Besides grieving the loss of his brother, he found he worked uncomfortably under Presi- dent LYNDON B. JOHNSON, and he soon left the Justice Department. In 1964 he won election in SOME MEN SEE THINGS THAT ARE , AND ASK ‘WHY?’ I SEE THINGS THAT NEVER WERE , AND ASK ‘WHY NOT?’ —ROBERT F. KENNEDY GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 146 KENNEDY, ROBERT FRANCIS New York to the U.S. Senate, where he served as a liberal voice until announcing his own bid for the presidency in 1968. Emphasizing a commitment to the concerns of young people, black citizens, and the nation’s poor, the Kennedy campaign inspired radicals, the working class, and the dispossessed. Kenne- dy’s opposition to the war in Vietnam was passionate. On a television broadcast, he said: Do we have a right here in the United States to say that we’re going to kill tens of thousands, make millions of people, as we have refugees, kill women and children? Ivery seriously question th at right Weloveour country for what it can be and for the justice it stands for. Kennedy’s candidacy sharply divided the DEMOCRATIC PARTY between him and his opponent for the nomination, EUGENE MCCARTHY.Kennedy had won primaries in Indiana, Nebraska, and finally California, when he was shot at a campaign function on June 4, 1968, by Sirhan Sirhan, a Palestinian immigrant who said his motive was the candidate’ssupportforIsrael. The second MURDER of a Kennedy, following hard on the April 1968 assassination of King, was an immeasurable shock to the nation. It seemed to many to sound the death knell of an era. Kennedy’s contribution to U.S. law is complex. In the 1950s he helped expose corruption in the nation’s unions, but critics have subsequently treated his very personal pursuit of Hoffa as an exercise not only in justice but in vendetta. When he headed the Justice Department in the early 1960s, his advocacy of civil rights had practical limitations imposed by political necessities and legitimate concerns about the balance of state and federal authority; groundbreaking civil rights legislation would, of course, follow in the years after his tenure. It was as a candidate for president that he may have been his most memorable, an ardent and inspirational voice. Through his opposition to the VIETNAM WAR and his support for the disadvantaged, he offered the promise of a new idealism in politics. FURTHER READINGS Edwards, Owen Dudley. 1984. “Remembering the Kenne- dys.” Journal of American Studies 18, no. 3 (December). Guthman, Edwin O., and Jeffrey Shulman, eds. 1991. Robert Kennedy in His Own Words: The Unpublished Recollec- tions of the Kennedy Years. New York: BDD Promo- tional Books. Mills, Judie. 1998. Robert Kennedy: His Life. Brookfield, CT: Millbrook. Schlesinger, Arthur M., Jr. 2002. Robert Kennedy and His Times. Boston: Mariner. Thomas, Evan. 2002. Robert Kennedy: His Life. New York: Simon & Schuster. v KENT, JAMES James Kent was a U.S. attorney, judge, and scholar who played a central role in adapting the common law of England into the common law of the United States. As a justice and later chief justice of the New York Supreme Court and a chancellor of the New York Court of Chancery (then the highest judicial officer in New York), Kent wrote many decisions that became foundations of nineteenth -century law. Kent’s great legal treatise Commentaries on American Law (1826–30) offered the first comprehensive analysis of U.S. law. Kent was born July 31, 1763, in Putnam County, New York. In 1777 he entered Yale University. The Revolutionary War periodically ▼▼ ▼▼ James Kent 1763–1847 17501750 18001800 18251825 18501850 17751775 ❖ 1763 Born, Putnam County, New York 1765–69 Blackstone's Commentaries on the Laws of England published 1775–83 American Revolution 1777–81 Attended Yale University 1790–93 Served in New York state legislature ◆ 1785 Admitted to New York bar; began law practice in Poughkeepsie ◆ ◆ 1798 Joined bench of New York Supreme Court ◆ 1806 Became chief justice of New York Supreme Court 1814 Appointed chancellor of the New York Court of Chancery ◆ 1793 Moved law practice to New York City; appointed first professor of law at Columbia University ◆ 1826–30 Commentaries on American Law published 1823 Forced to retire from bench at age 60; returned to private practice and professorship at Columbia ❖ 1847 Died, New York City THE DIGNITY OR INDEPENDENCE OF OUR COURTS IS NO MORE AFFECTED BY ADOPTING [ENGLISH JUDICIAL PRECEDENTS] , THAN IN ADOPTING THE ENGLISH LANGUAGE. —JAMES KENT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KENT, JAMES 147 . published ◆ 1 964 Civil Rights Act of 1 964 passed Robert Kennedy. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KENNEDY, ROBERT FRANCIS 145 anti-Communist witch-hunts of its chairman, Senator. president ◆ 1 964 Civil Rights Act of 1 964 passed 1 963 Assassinated by Lee Harvey Oswald in Dallas, Tex. 1 962 Cuban Missile Crisis ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 142 KENNEDY, JOHN FITZGERALD presidential. Stanford University 1 961 Earned LL.B. from Harvard Law School 1 965 Began teaching constitutional law at McGeorge School of Law, University of the Pacific 2003 Wrote majority opinion in Lawrence v. Texas 1930 1975 2000 1950 2007