Term
| Dorr v US,1901
Downes v.Bidwell, 1903
Hawaii v. Mankichi, 1904 |
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Definition
| -3 appeal to Supreme Court
-raised questions concerning how constitutional rights were automatically bestowed upon natives in newly acquired territories
-new judicial position for Constitution
-Supreme Court decides:
1) some rights fundamental and applied to all American territory
2)some rights procedural and should not be imposed with those unfamiliar with American law
3)Congress must decide which procedural rights are applied in which unincorporated territories |
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Term
Northern Securities Case,
(anti-trust laws) |
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Definition
| 1904-J.P. Morgan, J.J. Hill, E.H. Harriman (all financial giants), fought for control of the RR's running W from Chicago to the Pac. Coast
-frustrated all 3 combine to make the Northern Securities Company
-company owned majority stock in the Nor. Pac and Great Nor. RR's (these together controlled the Burlington RR)
-one company owns transportation for 1/4 of nation!
-Supreme Court rules (5-4):
1)The Nor. Sec. Co. violated the Sherman Antitrust Act
2)the company was a "trust" not just a stock company
3)owning stock of competing RR's violates Sherman AT Act |
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Term
Lochner v. New York,
(due process and state police power) |
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Definition
| 1905-state of NY passes law limiting bakery and confectionary workes to 60 hrs/wk or 10hrs/day
-Lochner arrested for breaking law
-Supreme Court decides (5-4):
1)held that 14th Amend. protects indiv. against "an unreasonable, unnecessary and arbitrary interference with the right of the indiv to his personal liberty"
-put judges in position of legislators
-they used "due process" to protect property from unreas., unnec., and arbitrary leg.
-Justice Holme's dissent becoems majority viewpoint after 1937 West Coast Hotel v Parrish case (he says "A constitution is not intended to embody a particular economic theory") |
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Term
| Muller v. Oregon, (due process and state police power) |
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Definition
| 1908
-famous for arguments presented by Louis Brandeis
-OR limited women to 10 hours of labor in factories and laundries (Im assuming /wk it doesn't say.)
-Muller owns laundry and wont comply with law base on the Lochner decision
-Brandeis defends OR law with 2 pages of legal arguments and over 100 pages of information reporting the adverse impact of long hours on women's health
-"Law must come out of facts, not abstract logic."
-in the Lochner case baking is not "hard labor" and isn't unhealthy but working in factories etc is
-Supreme Court decides in unanimous decision that to accept the economic and social arguments in the "brandeis Brief" |
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Term
| Danbury Hatter's Case, -(Loewe v. Lawlor)
(antitrust laws and labor unions) |
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Definition
| 1908-Danbury Hatter's CO. wont give workers union recognition
-hatter's union boycotts company's hats
-unanimous supreme court says boycott is in violation of the Sherman anti trust act and required them to pay back 3x the amt of normal income lost in the boycott
-labor unions shocked but find partial exemption in Clayton Act |
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Term
| Standard Oil of New Jersey vs US, 1911
US v American Tobacco Co., 1911
US v US Steel Corporation, 1920
(antitrust laws) |
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Definition
| -Supreme Court Differentiates between a "good" trust and a "bad" trust
-Std. Oil of NJ is dissolved, Am. Tobacco Co. is bad but not too bad so it is forced to reorganize, and the USSC wasn't bad at all
-puts into interpretation widespread pop. view that bigness did not mean badness and that large corps were part of modern society |
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Term
| Hammer v. Dagenhart,
(child labor laws) |
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Definition
| 1918-Keating-Owen Act of 1916 trried to stop child labor bu excluding the products produced by child labor from interstate commerce
-Dagenhart sues to permit his two sonds to work to supplement the family income
-Supreme Court says (5-4):
1)Congress had overstepped its authority
2)define Congress's commerce power basically saying that it can deal with transportation but not what is transported
3)Congress could not intrude into the powers reserced to the staes by th 10th Amd.="dual federalism" |
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Term
| Bailey v Drexel Furniture Co., (child labor laws) |
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Definition
| 1922
-congress imposes heavy fine upon the profits of comparines employing child labor since they cant stop it by regulating commercce
-Court Decides (8-1) that the tax tried to regulate an area reserved for the states
-not until 1941 (US v. Darby) were child labor laws found to be constitutional |
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Term
| Schenck v US,
(radicals and the first amd.) |
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Definition
1919-Shenck, official of socialist party, arrested for distributing leaflets urging draftees to resist draft on the basis that it was against the Espionage act of 1917
-Schenck said he was protected by 1st amd (freedom of speech)
-Court unanimously decides that ever act must be judged according to the circumstances
-no freedom is absolute |
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Term
| Abrams v US, radicals and the 1st amd) |
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Definition
| 1919
-involves the Sedition Act of 1918, an amd. to the Espionage Act of 1917
-5 Russian immigrants convicted for distributing antiwar propaganda
-Justice Holmes dissents from conviction decision, pro freedom of speech and press |
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Term
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Definition
| 1886-led to creation of Interstate Commerce Commision. Took away state power to regulate interstate railroad rates. |
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Term
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Definition
| 1876-Munn, a partner in a Chicago warehouse firm, had been found guilty by an Illinois court of violating the state laws providing for the fixing of maximum charges for storage of grain. Supreme court upheld decision and made the principle: public regulation of private businesses involved in serving the public interest |
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