The early Cold War. 1946–1959

Loyalty programs, congressional investigations of subversion and the Smith Act prosecutions. Brown v. Board of Education rejects segregation in public schools.

4 cases1 amendments5 rights and powersSee on the timeline

The questions. As the record frames them.

The constitutional questions this era’s decisions and laws turned on.

  • How far can national security limit association and speech?
  • Can a President act without Congress in an emergency?

The record. 10 entries, in order.

Every case, amendment and event in Constilumen dated 1946 to 1959.

1947

Federal employee loyalty program

Rights and powers · March 21, 1947 · Restriction of rights

Executive Order 9835 orders loyalty investigations of federal employees and authorizes the Attorney General’s list of “subversive” organizations.

Source: Truman Library

1948

Executive Order 9981

Rights and powers · July 26, 1948 · Expansion of rights

President Truman orders “equality of treatment and opportunity” in the armed services without regard to race, beginning the desegregation of the military.

Source: National Archives

1950

Internal Security Act

Rights and powers · September 23, 1950 · Restriction of rights

Passed over President Truman’s veto. Requires Communist organizations to register and authorizes detention of suspected subversives in a national emergency. The detention title is repealed in 1971.

Source: U.S. Senate

1952

Youngstown Sheet & Tube Co. v. Sawyer

Landmark cases · 343 U.S. 579 (1952) · 6–3

No. The President had no power to seize the mills under the Constitution or any statute. Justice Jackson’s concurrence set out the framework for presidential power still used today.

Source: Opinion of the Court

1954

Senate censures Joseph McCarthy

Rights and powers · December 2, 1954 · Oversight and accountability

After the televised Army–McCarthy hearings, the Senate votes 67–22 to condemn Senator McCarthy for conduct “contrary to senatorial traditions.”

Source: U.S. Senate

1958

Cooper v. Aaron

Landmark cases · 358 U.S. 1 (1958) · 9–0

No. States are bound by the Supreme Court’s interpretation of the Constitution, and its decisions cannot be nullified by state officials.

Source: Opinion of the Court

The language. What stood out in print.

Tracked terms printed most often in 1946–1959 compared with their own average across 1789–2022. A value of 2× means the word appeared twice as often as usual.

Compare any terms on the Language page

  1. communism3.9×
  2. totalitarianism3.3×
  3. isolationism3.1×
  4. fascism2.1×
  5. national security2.1×
  6. civil liberties2.0×

Executive orders. Presidencies of the era.

Totals for each full presidency, including years outside the era. Counts before 1945 include unnumbered orders.

PresidentTook officeOrdersPer year
Harry S. Truman1945907117
Dwight D. Eisenhower195348461

Source: The American Presidency Project. All presidencies

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