United States v. Brown
| United States v. Brown | |
|---|---|
 Landrum-Griffin Act barred communists from being elected trade union leaders, which constituted a bill of attainder and was therefore unconstitutional | |
| Court membership | |
| |
| Case opinion | |
| Majority | Landrum-Griffin Act, Bill of Attainder Clause |
United States v. Brown 381 U.S. 437 (1965) was a decision of the
Background
The Landrum-Griffin Act (LMRDA) was a piece of McCarthy-era legislation meant to regulate the internal affairs of labor unions, passed in 1959. Under section 504, members of the Communist Party and convicted felons were barred from holding union office.[1][2]
Ruling
In 1965, the Supreme Court ruled 5-4 in favor of Brown. In a decision authored by Chief Justice Earl Warren, section 504 of the LMRDA was found to constitute a bill of attainder that was unconstitutional under Article I, Section 9, Clause 3 of the Constitution. The Court did not address whether it was in violation of the First or Fifth Amendment.[4][5][6][2]
References
- ^ a b c d "Archie Brown Papers: NYU Special Collections Finding Aids". findingaids.library.nyu.edu. Retrieved 2024-01-17.
- ^ a b c d "United States v. Brown". Oyez.
- ISSN 0362-4331. Retrieved 2024-01-17.
- ^ "U.S. Reports: United States v. Brown, 381 U.S. 437 (1965)". Library of Congress, Washington, D.C. 20540 USA. Retrieved 2024-01-17.
- ^ "UNITED STATES, Petitioner, v. Archie BROWN". LII / Legal Information Institute. Retrieved 2024-01-17.
- ^ "United States v. Brown, 381 U.S. 437 (1965)". Justia Law. Retrieved 2024-01-17.
Further reading
- Archie Brown Papers, 1935-2002. 4.5 linear feet. New York University Libraries.
- Archie Brown Collection, 1933-1978. 2.25 cubic feet. Labor Archives and Research Center, San Francisco State University.
- Howard Kimeldorf (1982-09-07), Archie Brown - Howard Kimeldorf Oral History Project - Oral History Audio,
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