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CHAPTER #6

This chapter talks about the judges how they work and how they discuss. Also, the difficulties they face when they thinking about any case and how they review cases. In addition, there is something about Gideon case and how can make link between Gideon case and other cases. In addition, the writer mention how the judges interpretation. It was a long history before Gideon case. They had been fought over by judges and statesmen and it going to be nature of rule played in it by the Supreme Court.

In the year 1962 that the Constitution would allow a man to be tried without a lawyer because he could not afford one.

The Supreme Court has the power to review the actions of governors, legislators, even Presidents, and set them aside as unconstitutional. It is so hard for the judges, it means responsibility. They have last word. It is not easy. They need to thinking carefully and avoid any influences.

The very legitimacy of judicial review has been questioned repeatedly from the time the Supreme Court first held a federal statute unconstitutional, in Marbury v.Madison in 1803. The Jeffersonians accused John Marshall of usurpation. Liberals .

The very conception of a written constitution binding on governments as well as citizens, the great American contribution to political history, presupposed some institution to enforce the rules.

For purposes of the Gideon case the general difference in the Black and Frankfurter approaches was a relevant, inescapable consideration.

In most matters it is more important that the applicable rule of law be settled than that it be settled right.Justice Brandeis.

Approximately one hundred times in its history the Supreme Court has overruled a prior decision. That is often enough, but overruling has no by any means become a routine step, to be taken casually.

Another issue that they discuss is about federalism. How can balnce between the power between the power of states and the power of government. The government controls commerce, foreign relations, war and other matters necessarily of national scope.

In addition, there is a great issue of federalism, a subject of conflict in the Supreme Court. It was a question of what provisions of the constitution’s Bill of Rights. Many people in the U.S want the Bartkus’s second trial.

The bill of Rights is the name collectively given to the first ten amendments to the Constitution.

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Ch1                                          to proceed in Federal court in forma pauperis in manner of pauper not paying fees, but requires to make affidavit for the court. Gideon's application was written in pencil, he included the affidavit a copy of writ habeas corpus, but Florida court rejected his petition. Gideon's case was titled GIDEON V.COCHRAN he submitted 5 pages for writ of certiorari asking to bring his case  up to Supreme court from lower court. Due process of the fourteen Amendment the court violated Gideon's right to have a lawyer. In case Betts v Brady the rules to be appointed by a counsel in capital cases and special circumstances Gideon's case did not match these rules.

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Gideon still represents himself in court. "On June 3, 1961, he did unlawfully and feloniously break and enter a building of another, to-wit, the Bay Harbor Poolroom, property of Ira Strickland, Jr., lessee, with intent to commit a misdemeanor". There was a group of witnesses, Gideon has continued to represent himself in court. "The jury found Gideon guilty". "On August 25th, without any argument by Gideon, the judge imposed the maximum sentence of five years." On August 1st the real beginning of Fortis lawyer to be beside Gideon.Gideon began to explain his life to Fortis." At the age of fourteen year, I ran away from home, I accepted the life of a hobo and tramp in preference to my home." as Gideon said. Difficult and hard life in the past, and during the years of 1937 thru 1940 he had have a past with prisons. In short, he has a bad history and hard life in the past. That what he sent it to Fortis.

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CHAPTER #6

The question is very simple. I requested the court to appoint me attorney and the court

refused.” So Gideon had written to the Supreme Court in support of his claim that the Constitution entitled the poor man charged with crime to have a lawyer at his side. Most Americans would probably have agreed with him. To even the best information person unfamiliar with the law it seemed inconceivable, in the year 1962, that the Constitution would allow a man to be tried without a lawyer because he could not afford one.

The Supreme Court have the power to review the actions of governors, legislators, even Presidents, and set them aside as unconstitutional

The very legitimacy of judicial review has been questioned repeatedly from the time the Supreme Court first held a federal statute unconstitutional, in Marbury v.Madison in 1803. The Jeffersonians accused John Marshall of usurpation. Liberals .

The very conception of a written constitution binding on governments as well as citizens, the great American contribution to political history, presupposed some institution to enforce the rules.

For purposes of the Gideon case the general difference in the Black and Frankfurter approaches was a relevant, inescapable consideration.

In most matters it is more important that the applicable rule of law be settled than that it be settled right.Justice Brandeis.

Approximately one hundred times in its history the Supreme Court has overruled a prior decision. That is often enough, but overruling has no by any means become a routine step, to be taken casually.

Another issue between Justices Black and Frankfurter cut even deeper than stare decisis, and closer to Gideon’s case. This was their attitude toward federalism- th independence of the stated in our federal system of government. The relationship of the Federal Government to the states was a central of the men who wrote the constitution. They created a remarkable political structure which made Americans subject to two sovereignties, state and nation. To the states was reserved power over the ordinary affairs of men as they appeared in the Eighteenth Federal Government went control over interstate commerce, foreign relations. War and other matters necessarily of national scope.

Underlying the Bartkus case was one of the great issues of federalism, a subject of conflict in the Supreme Court for nearly a century. Thes was the question of what provisions of the Constitution’s Bill of Rights, if any , applied to the states. The average American would probably have thought that Bartkus’s second trial, by the state of lllinois, was barred by the double-jeopardy clause of the Fifth Amendment: “nor shall any person be subject for the same offence to be twice put in jeopardy of life of limb.

The bill of Rights is the name collectively given to the first ten amendments to the Constitution.

In 1961, just a year before it granted Clarence Earl Gideon’s petition for review, the court took the step that Justice Frnkfurter and a majority had been unwilling to take on illegal searches in 1949. In the case of Mapp v.ohio it overruled the earlier decision and held that the Fourth Amendment was now fully applicable to the states: No illegally seized evidence could be admitted at state criminal trials. Justic Frankfurter, joined by justices Harland and Whittaker. Dissented.

Over all this chapter talk about the judges how they work and how they discuss.

And the difficulty that they face. Also there is something about Gideon case and how can make link between Gideon case and other cases. In addition, the writer mention how the judges interpretation.

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Ch1
Gideon is a fifty one year old white man from South who belives that he was deined due process of law because he was not appionted a lawyer during his trial. A federal statue permits persons

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The Supreme Court would provide an attorney to Gideon because it agreed to hear Gideon's case. And the Court ordered Abe Fortas who was known as the one of the most outstanding appellate advocates in the U.S. as counsel of the defense. Fortas thought there had no enough detail about Gideon's case. He faced a difficult question that whether he should get the whole transcript. If he could prove Gideon had some special circumstances, the case would lose significance and deeper meaning. However, if he did not research the transcript, this case maybe lost.

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The Supreme Court of the United States is different from all other courts because not every issue or every lawsuit can come to the Supreme Court. Most of the law under which an American lives is the law of his state such as his marriage, his property, his will and so on. The following five requirements should be met if a case want to be heard by the Supreme Court. The case is within one of the constitutional categories of Supreme Court jurisdiction. The state court decision should be the final judgments. The person should raise the federal claim as soon as possible and follow procedures generally applicable in the state court; besides, the person should have the standing. The Supreme Court have the right to decide which case they do not want to hear but the denial of hearing a case do not means approval of the lower-court decision.

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The Supreme Court of the United States is formed by nine justices and their law clerks. Between nine Justices, they are equal even the Chief Justice, and they work their opinions separately, but seen as a union.  On the other side, law clerks file every coming petitions and give brief draft of issues.  The pauper’s cases skyrockets in the recent year, and because of uneducated paupers and uncared lower courts, there are difficulties on finding real humanitarian cases.  With the help of law clerks, the Gideon’s case is hold for thirty days and waits for responses from the general defense office of Florida.  The office simply replies that there are no special circumstances, so the request of counsel is denied.  Having the necessities of documents, the Supreme Court prepares the conference of whether to hear Gideon’s case and also other cases.  The conduct is under the highly secrecy as usual due to the concern of leaking premature decisions and the privacy of the justices’ discussion.  After discussions, the voting process decides the fate of petitions, and usually the youngest justice shows his or her will first.  The Gideon case is grant in the number of 890 MISC. GIDEON v. GOCHRAN.