Barnette, Frankfurter, and Judicial ReviewThis article, written by Jeffrey Sutton, focuses on two Supreme Court cases considered cases of "flag salute", judicial review, and interpretation of the First Amendment. The two cases were Minersville School District v. Gobitis and West Virginia Board of Education v. Barnette. Both cases involved Jehovah's Witness children who refused to salute the flag at school and were expelled. The article takes the reader to the times when these cases were decided, i.e. in the United States during the Second World War, and also takes the reader into the depths of the daily life of Jehovah's Witnesses in that period, which is very necessary for understanding the 'item. The first case that was brought up was Minersville School District v. Gobitis. The background to this case is that two children William and Lillian Gobitis attended school in the small town of Minersville, Pennsylvania. That city's school board required that all teachers and students recite the Pledge of Allegiance and salute the United States flag at the beginning of each school day. This was something that wasn't really new as it had existed in schools since 1892. But in 1940 the Pledge took on a whole new meaning with the Second World War taking place in Europe and Asia. The Jehovah's Witness community objected to this because the entire practice went against their faith. In 1935 Joseph Rutherford, who was the leader of the Witnesses, gave a speech in which he encouraged his fellow Witness to refuse to take part in the practice of the Oath and Salute, because in his opinion the Word of God (the Bible) was the authority supreme. With this being... middle of the card... lowering his Gobitis position instead of retreating. I do not agree with Frankfurt's position on this issue, but I admire his resolve. The rest of the article is really about the Frankfurt dissent and more judicial oversight. The article closed with an interesting observation about Frankfurter that wisdom had come to him, but it came late as he found it when he played an important role in Brown v. Board of Education. Overall I think this was a very informative read and useful article to read. It really gives a sense of the times in which the two cases were decided. I find it very helpful when something I read makes me feel like I'm present in the story. This article did that and I found it a real pleasure to read, and it even had some funny points. This was definitely one of the most fun reads I've had in my college career.
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