Constitutional History and Law: Exam 2

-Debs and the Espionage Act --Eugene Debs - the old leader of the American Railway Union - found himself in trouble for a two hour speech made in Canton, Ohio, across the street from a county jail holding three men for obstructing recruiting --They have come to realize...that it is extremely dangerous to exercise the constitutional right of free speech in a country fighting to make Democracy safe in the world (272) --Debs went on to criticize judges who had sentenced to prison two female war dissenters --Debs made no mention of draft resistance, but the Court decided that the speech arced in that direction --Debs spent a number of years in the Atlanta federal penitentiary, and from there he ran for president in 1920 (million votes)! -______ v. ______ --On an August night in 1918, passersby in the Lower East Side of Manhattan noticed that leaflets were being tossed from a rooftop --Those who picked up the leaflets noted that they were printed in both English and Yiddish. The English version held the headline "The Hypocrisy of the United States and Her Allies" --Two detectives from military intelligence noted that Hyman Rosansky had clocked in for his shift at the American Hat Company a little earlier than usual, and after a grilling, Rosansky implicated four men and one woman, including Jacob Abrams - the four were tossed in the city jail on a charge of sedition --The attorneys for the accused took the point that the freedom of speech ought to be "perfectly unrestrained" --The government took the position that the Founders had no desire to protect seditious libel --Seven justices lined up behind the government, while Holmes and Brandeis dissented --The three male convicts were sent to the Atlanta penitentiary, where they joined Eugene Debs --Samuel Lipman was murdered in one of Stalin's purges (USSR), Hyman Lachowski (USSR) likely perished in WW II, Abrams and Steiner found exile in Mexico -Can't criticize government during this time, especially during wartime

Abrams v. US

Chapter 16 - A Higher Law than the Constitution: -The _____ Amendment - 1869 --Section 1. The right of citizens of the US to vote shall not be denied or abridged by the US or by any State on account of race, color, or previous condition of servitude --Section 2. The Congress shall have power to enforce this article by appropriate legislation -Reconstruction and the Rise of the KKK --Historical Context ---In a letter dated April 19, 1872 and sent to the US House of Representatives, President Ulysses S. Grant described a grand system of criminal associations pervading most of the Southern States, which was working in defiance of Reconstruction. Members of this organization swore oaths of obedience more binding than their allegiance to the United States. (Knew about them) ---The organization's goals were to: ----Deprive African Americans of their right to bear ______ and their right to ______ ----Shut down ______ established by the Freedman's Bureau ----Bring back slavery in everything but _____ --Other items to note ---Talk of land confiscation threatened the propertied class ---Freedmen could move about as they please and this threatened those who took their labor for granted ---Freedmen's Schools - an educated populace is threatening to those in ______ ---KKK ----Name came from - Kuklos Adelphon? Clocletz? ----______ ______- the name of a pre-war southern fraternity ----______- a Native American tribe that had been employed as slave-hunters ----Origins - Pulaski, Tennessee in 1866

15th arms, vote, schools, name, power, Kuklos Adelphon, Cocletz

Chapter 21 - Falsely Shouting Fire in a Theatre: -Limiting Free Speech --______ ____ ____- prohibited actions deemed disloyal to the US. 20 year prison terms for those who caused ---Insubordination, disloyalty, mutiny, others to refuse the draft ----The government had reason to worry - by the end of the war, 330,000 evaded the draft and thousands who had registered refused to take their physical for induction -----450 convicted, 20 sentenced to death (none) --In 1918 congress added an _____ _____ to the Sedition Act. This outlawed any disloyal...scurrilous, or abusive language about the form of government of the US...or any language intended to bring the form of government of the United States...into contempt, scorn...or disrepute (268) -_______ v. ______ _____ --Charles Schenck put together a leaflet for men who had just completed their physical exams for induction ---Long Live the Constitution ---13th Amendment ---A conscript is little better than a convict...he is deprived of his liberty and of his right to think and acts as a free man ---Assert your rights (268-269) --15,000 copies of the leaflet were ordered, and a handful made their way into the hands of draftees --Charged with violating the Espionage Act, Schenck and an assistant were sentenced to 6 months --Holmes gives no room for the protestors, he wrote that it was "man's destiny to fight" ---The Court ruled that We admit that in many places and in ordinary times the defendants in saying all that was said in the circular would have been within their constitutional rights...But the character of every act depends upon the circumstances in which it was done...The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre... ---The government had no need to prove that Schenck's leaflet caused anyone to avoid the draft. The "intent" of the leaflet was enough (271)

1917 Espionage Act, Espionage Clause, Schenck v. United States

-WWII is often remembered in stirring images, but we tend to forget that --The army had separate units for whites and _____ ______, while the navy only allowed African Americans to work in the mess --In North Carolina, Isaac Woodward, who had seen action in the Philippines and in New Guinea was beaten and had his eyes gouged out by South Carolina police after his bus driver said that he had taken too long at a rest stop -In was within this context that the NAACP began its dismantling of ______ --A full frontal attack on Plessy would be avoided. Instead, the plan was to chip away at its edges by asking that African Americans be admitted to graduate schools -_______ v. _______ (1935) --Maryland resident Donald Murray applied for admission to the law school at the University of Maryland --First the state offered to pay his tuition somewhere else --When Murray refused, saying he wanted an education in his home state, the courts of Maryland presented the state with two options ---Build a separate law school ---Admit Murray to UM --The state admitted Murray and abandoned the whites-only policy in its grad schools -______ v. ______ (1950) --After the University of Texas turned down Heman Sweatt's application to attend law school, the state hurries to build an all-Black college of law --The "college" occupied four basement rooms in an Austin office building, it would have no library, and it would employ three part-time instructors --After examining the facilities and instruction, the court ruled that the all-black school could not match the reputation of the University of Texas, and that Sweatt be admitted --Sadly, due to all of the stress he was under, he eventually became ill and had to withdraw

African Americans, Plessy, Murray v. Maryland, Sweatt v. Painter

Chapter 25 - Hughes Thundered Out the Decisions: -FDR eventually named 7 justices to the bench --Hugo ______ ---51 year old former KKK member form Alabama ---Liberal ---Befriended...share-croppers both white and black ---Brought charges against several police officers for abusing black defendants --Stanley _____ ---Wilsonian progressive ---Corporate lawyer ---Attracted to public service ---Just 53 years old, he fit FDR's version for a younger court --Felix _______ ---Confirmed by the Senate w/o dissent ---Lectured his colleagues like a professor lecturing his students ---Black once commented that Felix got so mad I thought he was going to hit me --William _______ ---Minnesota native ---Grew up poor / suffered from polio as a child ---Graduated at the top of his class at Columbia ---Joined the Court at the age of 40 / stayed 36 years ---Developed a sense of sympathy for society's "outcasts" --Frank ______ ---Great grandfather hanged by the English for insurrection ---When named AG, he created the Civil Liberties Unit, whose lawyers dusted off unused federal laws to prosecute local officials who abused and even murdered blacks and union organizers ---Perhaps the most liberal justice in history ---Only by jealously guarding the rights of the most humble, the most unorthodox and the most despised among us can freedom nourish and endure in our land (330)

Black, Reed, Frankfurter, Douglas, Murphy

Chapter 33 - The Raw Edges of Human Existence - Roe v. Wade: -There would be some new justices on the bench to hear the Roe case --Hearings began on December 13, 1971 --The attorneys for Roe argued that Texas law makes women the victim, as illegal abortions have the potential to cause infection, sterility and death --The Court was most interested in the constitutional side of the argument, but it found no relief from the attorneys from Texas - failed to do their homework as to what motivated the lawmakers to outlaw abortion ---Was it to protect the life of the unborn child? ---Or was it to protect the life of the mother? --The case was slated to be reheard in 1972 --Lawyers for Roe started out by conceding that the constitution provides no right to abortion - but it also doesn't have anything to say about ---Education ---Marriage ---Contraception --Texas attorneys argued that a fetus is a person, thus due equal protection -The majority opinion was written by Justice _____ --The opinion of the Court began with a brief overview of laws against abortion. Blackmun wrote that laws against abortion were of "relatively recent vintage" and that they were "the product of Victorian social concern to discourage illicit sexual conduct" --"When most criminal abortion laws were first enacted, the procedure was a hazardous one for the woman. This was particularly true prior to the development of antisepsis..." --The prevalence of high mortality rates at illegal 'abortion mills' strengthens, rather than weakens, the State's interest in regulating the conditions under which abortions are performed." -Blackmun added that --Section 1 of the Fourteenth Amendment...speaks of 'persons born or naturalized in the United States' --"We do not resolve the difficult question of where life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer."

Blackmun

-______ v. _____ (cont.) --The defense argued that the case was about governmental power and that there was something special about "home". The defense also pointed out that the same sorts of sexual practices could be undertaken by opposite sex couples without fear of arrest --The Court ruled against Hardwick (5-4), pointing out that Georgia law reflected the mores of the majority of the state's citizens --______ wrote for the minority ---Only the most willful blindness...could obscure the fact that sexual intimacy is central to healthy personal relationships of all kinds (461) --The court would revisit this issue soon Chapter 35 - I Fear For the Future: -By 1987 we have a new Court --Warren Burger steps down as Chief Justice and is replaced by William ______ ---Appointed by Nixon in 1971 ---Staunch conservative ---Wanted to dismantle the legacy of the Warren Court --____ _____ ______ ---First woman to be named to the Bench ---Graduate of Stanford Law School in 1952, O'Connor discovered that law firms hired few female attorneys ---Had expressed support to liberalize Arizona's abortion law, and so conservative groups opposed her nomination --____ _____ ---Staunch conservative ---Solidly anti-abortion --______ _____ ---Moderate -Two of Reagan's nominees didn't do so well in the senate --Robert Bork ---His anti-abortion stand likely cost him senate approval --Douglas Ginsburg ---His nomination ended when it was discovered he'd smoked marijuana while a student at Harvard

Bowers v. Hardwick, Blackmun, Rehnquist, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy

Chapter 26 - We Live by Symbols: -Court battles would continue as the 1930s wore on --US v. _____ ______ ______ ---In 1923, congress prohibited the interstate sale of milk that had any other fat in it but milk fat ---During the Depression, good number of families switched to Milnut, as it was cheaper than whole milk ---Problem? It lacks milk's nutritional value, as milk fat had been replaced with coconut oil -Carolene Products Case --The USSC reversed a lower court ruling and upheld the Filled Milk Act as "an appropriate means of preventing injury to the public" --Justice Stone read daily of the crimes taking place in Germany and across the South ---April 6, 1938 - Jewish lawyers excluded from the bar and Jewish physicians and surgeons removed from hospitals ---At the same time, Roosevelt Townes was tortured to death with a blowtorch, and Mississippi Senator Theodore Bilbo (D) helped defeat a GOP anti-lynching law --Footnote Four: "There may be narrower scope for operation of the presumption of constitutionality...when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth." ---Boiled down, this lengthy sentence expressed the doctrine that the Fourteenth Amendment "incorporated" at least some of the provisions of the Bill of Rights and applied them to the states ---Footnote Four opens the Court's doors to civil rights cases - the first of which came from the Jehovah's Witnesses

Carolene Products Company

-Hoover and the Court --When William Howard Taft stepped down in 1930, he was replaced by ______ ______ ______ ---Learned to read at the age of 3 ---Mastered several languages by his teens ---Taught law at Cornell ---Named to the Bench in 1910, he stepped down in 1916 to run for president ---Served as Secretary of State, helping workout a disarmament treaty after WWI ---Became a successful Wall Street attorney ---Came back to the Court as Chief Justice in 1930 -In 1932 Oliver Wendell Holmes stepped down after 29 years as a justice -Appointed Benjamin Cardozo to the Court -Joined Brandeis and Stone as the court's liberal wing -FDR sweeps the 1932 election and launches the New Deal -One day after being sworn in, FDR launches the first 100 days --National Industrial Recovery Act --Agricultural Adjustment Act -Challenging the New Deal --Began in the states, which had "Little New Deals" ---Minnesota legislature passed a moratorium on foreclosures, extending by two years the amount of time in which those who wee behind could "redeem" their property ----John Blaisdell was one of thousands of borrowers who had fallen behind on his payments on a $15,000 home in Minneapolis ----The Home Building and Loan Association foreclosed and auctioned off the property for $3700 ----Two weeks before his redemption period expired, Minnesota's new law went into effect ----Blaisdell went to court and received a two year extension -Home Building claimed the law violated contract law and that a moratorium on foreclosures did not fall within the state's police powers --Home Building wins in state court --Appealed to USSC, where the Minnesota law was ______ ---According to Hughes, the Constitution was adopted in a period of grave emergency...While emergency does not create power, emergency may furnish the occasion for the exercise of power (298) ---And, the contract Home Building had with its borrower was still in effect - just added an extension

Charles Evans Hughes, upheld

Chapter 19 - "The Spectre of Socialism": -Attempt to place a tax on incomes --In 1895 Congress imposed an income tax of 2 percent on those earning over $4000 annually (roughly $100,000 today) --The law was challenged on the grounds that it violated the Constitution --After the tax was struck down, the 16th Amendment was added to the Constitution in 1913 - 1st amendment since Reconstruction -The _____ Case --George Pullman was a kingly despot, providing for his employees their own town, where he owned everything from the homes, to stores, to church buildings --Even so, working on the railroad was tough ---2000 deaths and 30,000 injuries per year ---In 1893, a small group of workers organized the American Railway Union under the leadership of Eugene Debs --1894 - economic contraction hit the railroads hard, and some railroad companies started defaulting on their lease payments for Pullman cars --Pullman responded by cutting employee wages by 30% while refusing to reduce rents or utility bills --150,000 joined the ARU, and when the Pullman workers went on strike, the ARU voted their support --Railroad attorneys figured out a way to get the federal government to come in on the side of big business ---Railroads hauled mail ---Out on strike? Obstruction of mail --Strikers went on a rampage destroying Pullman cars and when the strike ended 13 were dead, 57 injured and 700 were jailed --ARU was punished by having its employees blacklisted form employment at any railway in the country, the union was destroyed, and the Union leader, Gene Debs was later sent to prison for contempt. His conviction was upheld by the USSC -Forgotten history at best, censored history at worst

Debs

-Cases involving Communists --Decided among the backdrop of the Iron Curtain, Berling Airdrop, loss of China and Korea - Communism -______ v. _____ --Events began in 1948, with the indictment of twelve communist party leaders for conspiring to "teach and advocate the overthrow and destruction of the United States by force and violence" (377) --What made the case unique was that the twelve had not made any statements to this effect, but instead because they taught the work of Marx and Lenin --Trial began in March 1949, with a jury screened by the FBI and a judge instructing his jurors that all they needed for a vote to convict was to review the language used in their communist literature --All but two given five year sentences --Arguments before the USSC begin the same day that events in Korea were at their lowest ebb --The defense argued all have the right to voice their political views, while the government argued that Soviet and Chinese aggression help frame a context of a clear and present danger from communism --The court voted 6-3 to uphold the convictions --Chief Justice Vinson wrote that the govt. need not wait until the putsch is about to be executed Chapter 29 - Give me the Colored Doll: -Most of us are are at least somewhat familiar w/ Brown v. Board --But we need also take note of Briggs v. Elliott ---Briggs case focuses on events in Clarendon County ---This locale was chosen as a place to challenge school segregation as ----Segregation was entrenched ----It was easy to see the enormous differences between black and white schools, and so the fallacy of "separate but equal" could be faced head on

Dennis v. US

Chapter 20 - The Work Was Light and Healthful: -________ --1870 - the average American workshop employed eight people in places where owners worked right alongside their employees - meant that the boss heard about his workers lives, if he wanted to or not --1900 - the average shop employed 25, but places of 1000 workers were common. In fact, Carnegie had 23,000 workers - meant that employers refocused on costs and profits and turned away from the everyday life of the worker -______ v. ______ _____ --In 1897, the NY state legislature passed legislation limiting the number of hours that bakers could work - 10 hours per day / 60 hours week maximum --Joseph Lochner owned Lochner's Home Bakery in Utica. Lochner was no hard case - he operated a neighborhood bakery where bread, cakes and pies were produced by employees who were mainly happy --However, a couple of employees complained to the Bakers Union that there were times when Lochner made them go over the 10 / 60 limit --Fined twice ($75 total), Lochner appealed his second conviction to the NYSC where his conviction is upheld --When the case made its way to the USSC, Lochner was represented by a host of corporate attorneys who argued that there were times when businesses had to keep their employees past a 10 hour day, and this shouldn't be a difficulty as most bakeries are well-ventilated, comfortable and sweet smelling --Big business also argued that the law interfered with contract and property rights --The state argued that bakers might not realize the danger they were in due to "lack of knowledge" --Court ruled on the side of business - the right to make contracts "is part of the liberty of the individual" (256)

Factories, Lochner v. New York

Chapter 16 - A Higher Law than the Constitution: ---KKK (cont.) ----Hoods, sheets, horns and false faces were used to enforce the notion that these figures had a supernatural quality ----In Nashville a children's baseball team took "Ku Klux Klan" as its name, as did a circus and purveyors of a range of useful products form knives to tobacco and even a kind of paint -Acts of Klan terrorism included the following (1866): --March - Manuel (colored) murdered...shot in bed by a party of white men (disguised) --June - Jordan Nelson, colored, of Harris County, murdered by parties unknown, was found in the woods hung by the neck --July- Pike, Georgia, an unknown freed boy was murdered by a party of men (disguised). The boy was taken by force from the sheriff of this county and afterward found in the river with his throat cut from ear to ear --Cato Tomlinson was most brutally beaten by parties unknown. Tomlinson was laid on his back and whipped through to his intestines. --Freedmen Peter Smith and Robert Wiggins were beaten nearly to death by parties unknown who came on horseback dressed with sheets over them -Federal Response --______ _____ ______ (May 1870) promised federal action if the rights of voters were denied --______ _____ ______ (Feb 1871) Federal supervisors were sent to oversee elections --______ _____ _____ (KKK) 1871 ---Decreed that involvement in the Klan terrorism constituted ______ against the US ---Made it a crime to go about in _____ while on a public highway ---Grant ordered the 7th Cavalry to South Carolina. 200 Kan members in 10 particularly troublesome South Carolina counties were rounded-up, with 50 sent to federal penitentiaries

First Enforcement Act, Second Enforcement Act, Third Enforcement Act, rebellion, disguise

Chapter 16 - A Higher Law than the Constitution: -1866: Freedmen's Bureau and the Civil Rights Act of 1866 --The ________ Bureau, established in the winter of 1865, was the first example of large-scale federal relief in the US ---Distributed food to 150,000 people a day (1/3 were whites) ---Built and staffed 46 hospitals, where 400,000 sick and injured found help ---Schools established throughout the South --When it came time to reauthorize the Bill, Johnson refused to go along as he believed the states ought to take over this responsibility (congress overrode) --Congress also refused to recognize the new state governments --Johnson vetoed the 1866 Civil Rights Act which granted citizenship to all persons born in the US, except Native Americans and at this point, the Radicals joined with the more moderate wing of the Republican Party, they overrode Johnson's veto and they drew up the ______ _______ -____ ______ --Section 1. Due process, all persons born in US are citizens --Section 2. 3/5 compromise gone --Section 3. Kept high ranking confederates out of office --Section 4. Not cover any debt for South, not pay for emancipation of slaves -no compensation for losing them --Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article --It did?: ---Banned from federal and state office all high-ranking ________ unless they were pardoned by Congress ---Also established, for the first time, national _______ which states could not modify ---Prevent the southern states from passing laws applicable only to _____ _______

Freedmen's, 14th Amendment 14th Amendment, Confederates, citizenship, African Americans

-The Court and the States --By 1921, 35 states had put into place state laws making it illegal to advocate the violent overthrow of the government or to use unlawful methods to accomplish a change in industrial ownership or control (284) --Led to the arrest of Benjamin Gitlow ---Russian immigrant ---Manager of ---The Revolutionary Age ---Convicted of "criminal anarchy" for distributing 16,000 copies of the journal, which asked workers to rise against the capitalist system ---Goal? A "dictatorship of the proletariat" ---Sentenced to five years --Also convicted was Charlotte Whitney ---Niece of Justice Stephen Field ---Member of the Socialist Party, beginning in 1914 ---Joined the communist party in 1919 ---Supported the use of the vote to change the government, but was nonetheless convicted of "criminal syndicalism" ---Received a 1-14 year term -______ v. _______ --The Court upheld the New York law and ruled that this was not a case which circled around the first amendment, as states have the power to prohibit words which are a danger to the public peace and to the security of the nation ---Sanford included in his opinion "A single revolutionary spark may kindle a fire that, smoldering for a time, may burst into a sweeping and destructive conflagration ---Holmes and Brandeis dissented, w/ Holmes responding "Every idea is an incitement" (289) ---Gitlow received a pardon from the NY governor in 1925 -______ v. _____ --Although Whitney had said nothing incendiary, she had joined an organization that supported revolutionary goals, and according to the court this made her a part of a criminal conspiracy ---According to Sanford, this was an "even greater danger to the public peace and security than the isolated utterances and acts" of individuals (290) ---Whitney's prison term was commuted in 1927

Gitlow v. NY, Whitney v. CA

-Court cases related to contraception --______ v. ______ (1965) ---Involved a doctor who was arrested for dispensing contraceptives - the state contended that the availability of contraception might heighten the likelihood of adultery ---The defenses argued that contraceptive choices should be between patient and doctor ---Justice Douglas searched high and low for a "right to privacy", finding none, he wrote that: ----The Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance (429) ----These emanations = a zone of privacy -Later in the 1960s, doctors began a push for liberalization of laws pertaining to abortion --By 1970, NY's abortion laws - ______ --By 1971, ___ states allowed abortions to protect the mother's physical and mental health and DC, Hawaii, Alaska, and Washington had removed almost all restrictions on abortion -Jane Roe --Mother was a violent alcoholic --Reform school --Raped at a young age --When she was 16, ____ _____ met 24 year old Woody McCorvey ---Beaten by Woody - accused of being unfaithful --22 years old and three months pregnant in January 1970 --Went to an attorney who sought an injunction barring Dallas County DA Henry Wade from enforcing the 1854 statute --Case made it to the USSC by the end of the next year; in the mean time McCorvey gave birth

Griswold v. Connecticut, repealed, 17, Norma Nelson

Chapter 18 - "Our Constitution is Color-Blind": -Justice ______ - lone dissenter for Plessy --The 13th Amendment addressed more than slavery. Instead, it prevents the imposition of any burdens or disabilities that constitutes badges of slavery or servitude (229-230) --The 14th and 15th amendments removed any distinction of race in government systems --Used the term "civil" rights rather than "political" or "social" rights, and civil rights includes protection from discrimination in places subject to regulation -"Separate but equal" --Railway cars, stagecoaches, theaters, hotels, restaurants, Churches -"Negro pews" and "heavens", bleachers, blood supplies, schools, hospitals, cemeteries, brothels, air terminals, taxis, barber shops, fishing spots, jails (and bathtubs in jails), testifying in court, Separate Bibles for taking an oath, wrestling and boxing matches, textbooks (even separate storage facilities), Whites and Blacks could not play checkers together in some communities --Plessy was fined $25 --In 1903 WEB DuBois wrote "The problem of the Twentieth Century...is the problem of the color line" (232)

Harlan

Chapter 19 - "The Spectre of Socialism": -The _____ _____ --May 1889 - workers at the McCormick International Harvester Company went out on strike for an 8hour work day --On May 3, police fired into a crowd of protestors, killing four and wounding many more --The next day, someone tossed a bomb into the police ranks --8 men were rounded up and given a show trial (7 weren't there / one was on the podium). The USSC refused to hear their appeals --Four were hanged, a confederate veteran who had been arrested committed suicide with dynamite, the remainder were pardoned by the Illinois governor --After Haymarket, politicians closed ranks behind "law and order", while others suggested change -Single tax advocate ____ _____ noted that industrialization hadn't made life easier; instead, the vast majority of the public worked long hours in horrific conditions while the wealthy lived lives of ease --House of Have and House of Want --George was no revolutionary - he had no intentions of destroying the American economic system ---However, he had a problem with inherited fortunes and with those who owned and rented property -_____ _____: Looking Backward --Author of the work Looking Backward, 2000-1887 ---Forecasted that the future will bring a life of ease for all, when the American people have abolished competitive greed and idle, unproductive living ---The state owns the means of production and administers them for the good of all ---Everyone lives decently

Haymarket Affair, Henry George, Edward Bellamy

-_______ v. _____ _____ --The government argued that Japanese Americans may have conflicted loyalties, due to discrimination that they had faced in the US (!), and that it would be difficult for authorities to separate loyal and non-loyal citizens. As a result, internment for all was the only solution --Curfew violation conviction - upheld --"The danger of espionage and sabotage by Japanese Americans overrode the Constitution's promise of equal protection of the laws" (357) -_______ v. _____ _____ --October 1944 - AG Francis Biddle told FDR that the internment of loyal Americans no longer served any sort of purpose ---FDR ignored --At this point the government made the absurd claim that internment was for the benefit of Japanese Americans as it prevented them from feeling the pain of racial hostility --This put Korematsu in the ridiculous position of having to prove that racial hostility did not exist, and that it was safe for him to return home --The Court upheld Korematsu's conviction --By January 1945 however, the Court was no longer willing to uphold internment, and so the War Department essentially shut internment down --Internees were give $25 and a train / bus ticket out --1980s - $20,000 to survivors --1998 - Fred Korematsu was awarded the presidential medal of freedom

Hirabayashi v. United States, Korematsu v. United States

-Voices for change --Rev ____ ______, pastor of the local AME church ---Also taught at the local black school ---Took note of the fact that black kids had to walk to school while white kids could ride the bus ---After contacting the local NAACP, it was decided to that a challenge should be made to the school district's busing policy --DeLaine approached a local farmer - Levi Pearson - who had three kids who attended school nine miles from their home --Pearson had a history of standing up to local whites, and he was the first to sign a petition asking for bus service --When confronted with their petition, the white superintendent shrugged off the request, saying that the district couldn't afford to provide such service --Pearson pushed the case and paid dearly ---His bank and local stores cut off credit ---Unable to rent a harvester --He didn't give up though --By spring 1949, _____ _____ became involved in the case, suggesting that the suit be expanded to challenge inequality in infrastructure, buses, texts and teachers --After eight months of work, twenty local parents are found to sign the petition, the names were placed in alphabetical order, the first being Harry Briggs --Briggs and his wife Liza had five kids; Harry pumped gas at the local Sinclair station, and Liza worked as a motel maid --Both lost their jobs, but they helped fuel a movement --Also important was Kenneth Clark, who came to Clarendon County to conduct an experiment --His experiment included the use of four dolls as props ---Two were pink (boy and girl) ---Two were brown (boy and girl) --Clark asked African American kids to choose which dolls they wanted to play with - ten chose the white dolls --When asked why, eleven said "the brown doll looked 'bad' to them; and nine picked the white doll as the 'nice' one" (386)

JA DeLaine, Thurgood Marshall

-Brown v. Board --Arguments begin in December 1952 ---Thurgood Marshall squared off against _____ ___ _____ ----Ran for president in 1924 ----Wall Street attorney ----Argued more cases before the court than any lawyer except Daniel Webster ----Firm believer in states having the power to impose segregation ----Argued that there was no reason to overturn established law ----Believed he had won the case, but the Court asked for a re-hearing --The case was docketed for re-hearing, as Justice Frankfurter believed that Plessy had to be overturned, and overturned without dissent Frankfurter had --5 justices on his side, but he needed to win over the other four --In the meantime, Chief Justice Vinson died of a heart attack --To replace Vinson, President Eisenhower nominated Earl Warren -_____ _____ --In many ways Warren was political payback ---The California governor had helped convince his state's delegates to vote for Eisenhower over Taft at the 1952 GOP convention --Would be the supreme politician on the Bench -Brown v. Board --John W Davis returns to the podium once again --Now 80, he knows that this will be his last argument before the court --Tries to make the case that South Carolina provides equal education to all its children --Cried for effect --Warren wanted Plessy overturned, and he worked his justices like none other ---Received Frankfurter's full support by allowing southern school districts time to institute desegregation ----Do so with "all deliberate speed" (396) --After suffering a heart attack, another justice received a visit from Warren - he signed off --Justice Stanley Reed gave in after twenty lunches! --May 17, 1954 Plessy v Ferguson is overturned --Focus ---Psychological impact of segregation ---Schools are responsible for inculcating good citizenship and re-enforcing American cultural values - how can you do this in a segregated system? ---Separation of whites and blacks diminishes "the motivation of the child to learn"

John W. Davis, Earl Warren

Chapter 21 - Falsely Shouting Fire in a Theatre: -In addition to Holmes, the other giant of the court at this time was _____ _______ --Born in Louisville, Kentucky to parents who had fled Bohemia after a failed revolt against the Austro-Hungarian Empire --Attended Harvard and graduated with the highest grades in the school's history --Became a millionaire in his 40s, but did a great deal of pro bono work, going after railroads, banks and utility companies --First Jewish American to serve on the bench -Freedom of Speech --Congress shall make no law... abridging the freedom of speech ---Amendment ____ --Going backwards through time, only kings and high church officials possessed the liberty to speak their minds. Others doing so risked being branded as a traitor --After the passage of the English Bill of Rights in 1689, members of parliament were granted freedom of speech while in assembly --Revolutionaries in America stretched the bounds of free speech, but the right was reigned in after the passage of the Alien and Sedition Act --Concerns about sedition would return in the 20th century -_____ ______ --Use of words ---Political speech is given the most protection, but one cannot insult nor threaten someone and then claim free speech

Louis Brandeis, 1, Pure Speech

-______ v. ____ ____ _____ --Jehovah's Witnesses faced ordinances against "solicitation" in cities which were heavily populated by Baptists and Roman Catholics --Towns could not require religious groups to obtain permits to disseminate religious literature - streets are open for that purpose -_______ v. _____ ___ ______ --USSC threw out "anti-littering" laws enforced only against Witnesses -_______ v. _______ --Newton Cantwell and his two sons had been arrested for playing a recording and distributing pamphlets attacking the Pope in a heavily Catholic area of New Haven --The Cantwells asked for - but did not require - payment for their pamphlets --Police arrested the trio for soliciting money without a certificate of approval from the Public Welfare Council, whose secretary determined --Struck down -Biggest Case? Saluting the Flag --100,000 Witnesses in Germany were sent to concentration camps for refusing to salute the swastika --Young Witnesses in the United States refused to recite the Pledge of Allegiance

Lovell v. City of Griffin, Schneider v. Town of Irvington, Cantwell v. Connecticut

-_______ v. ______ (1950) --George McLaurin was a student in the state's graduate education program, but he was required to sit and study in prescribed areas of the school --Ruled unconstitutional, as Such restrictions impair and inhibit his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession (377) -The results were positive --1000 African American students were, by 1950, enrolled in schools that were formerly all-white --Delaware desegregated all of its grad schools -Restrictive covenants --Are contracts made between sellers and buyers which are designed to place binding restrictions on future buyers - a means to ensure that all-white neighborhoods would remain all-white --In 1926, the USSC ruled in ______ v. ______ that such arrangements are not prohibited by the constitution -The shortage was particularly keen for African Americans --The JD Shelley family was ordered evicted from their home after a "neighbor" who lived ten blocks away reminded local authorities that the Shelleys were violating a restrictive covenant signed in 1911 which barred anyone of "the Negro or Mongolian race" (374) -In state courts, attorneys for the Shelleys argued that --Not everyone in the neighborhood had signed the 1911 agreement --Five homes in the neighborhood had been occupied by African Americans in the past --The covenant violated the Civil Rights Act of 1866, which provided for newly emancipated blacks the same right to buy and sell real property "as is enjoyed by white citizens" --A local judge said the Shelleys could stay --The Missouri Supreme Court ______ the ruling -_______ v. ______ --The court ruled that homeowners have the right to sign restrictive covenants, but --The courts could not be asked to enforce them, as the constitution confers on no individual the right to demand action by the State which results in the denial of equal protection of the laws to other individuals

McLaurin v. Oklahoma, Corrigan v. Buckley, reversed, Shelley v. Kraemer

-______ _____ ______ v. ______ --William and Lillian Gobitis refuse to recite the pledge after hearing about persecution in Nazi Germany --Lillian's teacher praised her for her courage, but faced anger from other kids --Superintendent threw a fit, and the local school board passed a resolution requiring all students to salute the flag --When Lillian and William refused to participate, they were expelled --The school board was exercising its "police powers" to protect the "health, safety, and morals" or its students (338) ---Thrown out by a local judge ---Tossed out by the federal appeals court --Frankfurter wrote for the Court that although America is a place of religious liberty, "Religious belief...does not relieve the citizen from the discharge of patriotic responsibilities...We live by symbols...The flag is the symbol of national unity, transcending all internal differences" (339) --Exempting students from the salute opens the door for disloyalty, and those who object to pledging allegiance ought to find a new school --Harlan Stone wrote in his dissent that to face expulsion from school subjects parents to a "surrender of the constitutional protection of the liberty of small minorities" (340) --What followed the ruling was an orgy of violence against Witnesses ---In Maine a Kingdom Hall was burned to the ground ---In Maryland the police dispersed a Bible meeting ---In Illinois, the chief of police and his deputy had forced Witnesses to drink castor oil and had paraded Witnesses through town ---In Nebraska, Witnesses were beaten and castrated

Minersville School Board v. Gobitis

-_____ ______ --University of Oregon ROTC student --Graduated with a juris doctorate in 1939 --Went to work for the Japanese consulate in Chicago after he was unable to find work in Oregon --Defended publicly Japanese foreign policy --After the was began he attempted on nine occasions to report for military duty, but was turned down every time --Challenged the curfew -______ ______ --After finishing high school in 1938, he worked as a welder, but lost his job after his union turned out all Japanese-American members --Altered his appearance - and his draft card - to make it appear that he did not have Japanese ancestry --Picked up in May 1942 while walking through Oakland with his girlfriend -At the lower court level --The judge at Hirabayashi's curfew trial informed the jury that "parachutists and saboteurs, as well as the soldiers, of Japan make diabolically clever use of infiltration tactics. They are shrewd masters of tricky concealment among any who resemble them." ---The judge then directed the jury to find the defendant guilty - which they did in 10 minutes --Yasui was grilled by the judge who asked him about his family's practice of Shinto (his family were Methodists), and the judge told informed him that he was actually a Japanese citizen. One year prison term --Korematsu was given five years probation, but was immediately taken to be interned

Minoru Yasui, Fred Korematsu

Chapter 20 - The Work Was Light and Healthful: -______ v. ______ --Muller was a challenge to an Oregon law which limited women to a 10-hour day. Curt Muller, owner of the Lace House laundry, had been convicted of making his female employees work past the 10-hour mark --His attorneys argued that women...should not be sheltered from the hard bargaining over hours and wages (259) --Louis Brandeis represented the state - filed a 113 page brief demonstrating the potential harm of working such long hours --USSC upheld the conviction, as "long hours of labor are dangerous to women, primarily because of their special physical organization"...The "burdens of motherhood"...have "injurious effects upon the body, and as healthy mothers are essential to vigorous offspring, the physical well-being of woman becomes an object of public interest..."(259) -The court wasn't so chivalrous in _______ v. _____ ______ --After the District of Columbia set a minimum wage for women at $71.50 per month (food, housing, recreation and church), the Children's Hospital claimed it impossible to pay housekeepers such wages --Muller v. Oregon was brushed aside, as the Court decreed that differences between men and women had come to "the vanishing point" and that with the passage of the 19th Amendment, it was time for women to enjoy the same "liberty of contract" as men

Muller v. Oregon, Adkins v. Children's Hospital

-Another Little New Deal was in force in New York --Overproduction had caused a decrease in milk prices --April 1933, the state established a milk control board to set minimum and maximum prices for milk sold in stores - 9 cents a quart --The problem was, delivered milk wasn't covered by the law, and generally sold for 8 cents a quart --In order to fight back, store owner Leo Nebbia started selling two quarts of milk and a 5 cent loaf of bread for 18 cents, essentially giving away the bread --Nebbia was convicted, fined $25 --On appeal, the NYSC said he had no right to set his own milk prices -______v. _____ --This was an important case, as price fixing was an essential feature of many New Deal programs. --The court upheld state law in that the the state may regulate a business in any of its aspects, including the prices to be charged to consumers -The Schechter Case --Slaughtered and dressed kosher poultry in New York City --Poultry was big business in NYC ($90 million annually), and it was one of the many industries regulated by a National Recovery Administration industry board --In July 1934, the brothers were indicted on sixty charges, including the sale of unfit chickens --After a 3 week trial, the brothers were convicted on 9 counts, with punishments ranging from 1-3 months --On appeal, the federal circuit court upheld all but two of the convictions --The case made its way to the Supreme Court in May 1935

Nebbia v. NY

Chapter 20 - The Work Was Light and Healthful: -New justices included --Justice Stephen Field is finally convinced to step down after he breaks the record of John Marshall 1863-1897 ---Oblivious of his surroundings ---Could hardly lift his pen --Joseph McKenna ---Served 27 lackluster years --William R. Day and William Moody ---Rewarded for being loyal Republicans --Joseph Lamar ---Wrote no opinions of importance --Mahlon Pitney ---Called by Taft a "weak justice" -_____ _____ ______ --Born to an aristocratic family of Boston, Holmes joined the Union Army at the age of 19; he was wounded three times, twice almost fatally --After the war he studied law at Harvard, where he excelled at legal research --Named to the Massachusetts Supreme Court - remained there 20 years --Appointed to the USSC in 1902, at the age of 61 --Dismissed TR as a president with a "shallow intellect" --Wrote 873 opinions over the course of 30 years --Willing to defer to the legislative branch, as he believed the majority had a right to govern via the legislature, but he had little love for "the people" --Eugenics -Lives of the People? --Between 1860 and 1900, the US sees an expansion of its working class ---In 1860, 1.5 million Americans made their living in workshops and mills, another 700,000 in mining and construction ---By 1900, 6 million people worked in manufacturing, 2.3 million in mining and construction

Oliver Wendell Holmes

Chapter 16 - A Higher Law than the Constitution: -The Twilight of Reconstruction --By 1874, the _______ (Democrats), who were allied with groups like the KKK, had taken control of state governments in Mississippi, Arkansas and Texas --By 1876, _______ retained control in just Louisiana, Florida and South --1876 election and the compromise of 1877 ---Sam Tilden (D) won the popular vote and he appeared to have won majority of electors as well; however, the Republican state governments in South Carolina, Florida and Louisiana declared the Republican Rutherford B. Hayes the winner. ---The South eventually threw its support to the Republican in exchange for ----Total withdrawal of federal troops from the states of the former confederacy ----The appointment of one Southern Democrat to Hayes' cabinet -Other Items --The irony of social movements. Success = failure --People were tired of the campaign for civil rights --Prejudice in the North --USSC worked against _____ _____ ---14th amendment wasn't used to protect people - it instead protected corporations ---The Ku Klux Act was declared ______ ---The _____ _____ _____ ___ _____, which was designed to end discrimination in public facilities, was ruled unconstitutional on the basis of the constitution failing to prohibit "private" discrimination ---The Force Bill of 1890, which should have guaranteed the right of southern Blacks to vote, couldn't pass the senate. This was the last attempt at civil rights legislation for the next 70 years

Redeemers, Republicans civil rights, unconstitutional, Civil Rights Act of 1875

-The 1990s were known for their cultural wars --Prayer in public schools ---1995 - Santa Fe Texas ----Instructor-led prayers ----Instructor-encouraged attendance at revival meetings ----Instructor-encouraged prayer at meal time ---LDS student told she was bound for hell, and when LDS and Catholic students attempted to end classroom prayers - unsuccessful ---The school also offered pre-football game prayers on its PA system -____ ____ ______ _____ _____ v. ______ --The school took the position that the prayers were student-led and attendance at the football game was voluntary --The ACLU pointed out that football players, members of the band, and cheer leaders had to attend --USSC ruled against the school -The Ten Commandments --Copies of the Ten Commandments in the courthouse? ____ --Ten Commandments memorial on the courthouse lawn? ___ - broad historical message

Santa Fe Independent School District v. Doe, No, Ok

-______ _____ ____ v. _____ ____ --The government argued that as 96% of the chickens that were sold in New York came from other states, congress had the power to regulate such commerce ---The Court pointed out that the birds "came to rest" in the shop before being slaughtered, thus the birds were not examples of interstate commerce ---The court also questioned how the president established standards of fair competition -- the sweeping powers granted to the president under the National Recovery Act were unconstitutional -FDR blustered and fumed (publicly - actually didn't care) --Considered pushing for a constitutional amendment requiring a super majority of 7 justices in order to overturn federal law --Perhaps congress ought to make an "exception" to the court's jurisdiction and limit its power due to the current emergency --FDR cooled down and bided his time -The ______ (Agricultural Adjustment Act) --Was put into place to limit farm production - the government would pay producers to raise less --Funds to pay for such a program would be raised by taxing companies that turned raw ag goods into saleable products --Packing houses complained that the tax put them at a competitive disadvantage internationally --Hoosac Cotton Mills, a bankrupt textile manufacturer owned by Armour meatpacking, would provide the test -Hoosac Cotton Mills --Federal collectors filed an $81,000 claim against the company for unpaid taxes --One of the Hoosac receivers - William Butler - filed suit to block collection --United States v. Butler

Schechter Poultry Co. v. United States, AAA

-Backlash --Senator Harry Byrd of Virginia said that the court had struck against state rights --Senator James Eastland of Mississippi said that the South would not obey the order --Southern members of congress sign the ______ _____ --The first year after the decision - quiet - border states like Kentucky began to integrate but not in the Deep South -In the meantime, we see a new class of justices --_____ _____ ____ ---Grandfather was the sole dissenting vote in Plessy ---Conservative, but not hard line ---Last justice born in the 19th century --_______ ______ ---Blue collar origins - his Irish father worked in a New Jersey brewery ---Judge on the NJ Supreme Court ---Eisenhower was pressed by Cardinal Spellman to "fill the 'Catholic seat'" (402) ---Critical of McCarthy's witch hunting in the senate, received confirmation over the Wisconsin senator's objections ---Believer in social justice --______ _____ ______ ---Born to a farmer and a teacher ---Dropped out of school after the ninth grade ---Eventually became a corporate lawyer ---No firm judicial ideology ---Suffered nervous collapse ---Went back to corporate law after just five years --_____ ______ ---Although he had campaigned for Taft, he came out in support of Eisenhower ---Reward with a circuit court seat in 1954 ---Strong supporter of Brown

Southern Manifesto, John Marshall Harlan, William Brennan, Charles Evans Whittaker, Potter Steward

Chapter 18 - "Our Constitution is Color-Blind": -_____ v. _____ --Plessy's attorneys asked the judge (John Ferguson) to dismiss the charges based upon the 13th and 14th Amendments ---The separate cars law was akin to a badge of servitude ---And that Plessy had been denied the privileges and immunities of citizenship --The state defended the law, stating it fell within its police powers to protect public health, safety, welfare, and morals --Ferguson denied Plessy's challenge and the case headed to the USSC -_______ v. ______ --The Court brushed aside the challenge based on the 13th Amendment --14th Amendment? ---The Court ruled that the law actually didn't discriminate by race. Instead it recognized a distinction between blacks and whites. It also made the case that Plessy wasn't denied his political rights / only his social rights ---"The distinction between laws interfering with the political equality of the negro and those requiring the separation of thw two races in schools, theatres and railway carriages has been frequently drawn by this court."

State v. Plessy, Plessy v. Ferguson

Chapter 21 - Falsely Shouting Fire in a Theatre: -Freedom of Speech --______ _____ ---Expression made through articles of clothing, gestures, movements, and other forms of nonverbal conduct (Bardes, 111) --______ _____ _____ ---Marches, sit-ins ---No right to demonstrate in areas that are most typically closed to the public -By 1916, the nation was focused on two things - the election and the war --_____ ______ manages a win against Republican Charles Evan Hughes, who had resigned from the USSC in order to run - 4000 votes in California made the difference -In terms of the war --Few Americans today recognize just how unpopular the war was ---Massive loss of life ---Millions of people had ties to Germany and to Austria-Hungary, holding no ill will towards their home country, as many Irish Americans despised the English as most Russian Americans had no love for the czar ---Others opposed the war on religious grounds ---Socialists saw the war as a fight between two capitalist powers

Symbolic Speech, Speech Plus Conduct, Woodrow Wilson

-A surprising Court --The administration believed it had the five votes necessary to overturn Roe v. Wade, but O'Conner voted to keep the foundations of Roe in place --Perhaps even more of a surprise was Scalia and Kennedy's stance in Texas v. Johnson -_______ v. _______ --Gregory Johnson ---Leader of 100 communist youth who marched during the Republican Convention in Dallas ---Swiped a flag from downtown, dowsed it in kerosene, and lit it afire --According to law, if this act offended anyone, then the flag desecrator could be sent to jail for a year ---It did - one spectator gathered the charred remnants of the flag and buried them --When the case reached the USSC, an unlikely coalition - Brennan, Marshall, Blackmun, Kennedy and Scalia struck down the Texas statute ---The government may not ban the expression of an idea even if the majority finds it offensive -Two more retirees - Brennan and Marshall --David Souter replaced Brennan ---Bachelor / lived with his mom --Clarence Thomas ---Will always be known for his confirmation fight ---Anita Hill - sexual harassment Chapter 36 - One Nation Under God: -_____ ____ _____ --Added to the Bench in 1993 --Graduated from Harvard law in 1956 --Named to the federal Bench by Jimmy Carter in 1979 --Solid liberal -_____ ______ --Harvard law grad --Had worked with Senator Ted Kennedy --Liberal

Texas v. Johnson, Ruth Bader Ginsburg, Stephen Breyer

-_____ v. ______ --Problems for the government ---Powers granted to Congress by Article I of the Constitution did not include regulation of agriculture ---The "taxes" collected from processors did not go into the national treasury's general funds but were earmarked for payment directly to farmers ----All government attorneys could do was to make the case that congress had the power to levy taxes ---The court ruled this was less tax and more a movement of money from one group to another ---The welfare of each farmer was a local matter and that of agriculture as a whole was not of national concern ---In short, the AAA and the NRA were killed by the court Chapter 24 - To Save the Constitution from the Court: -1936 Election --New Dealers protested Court decisions while the GOP warned that FDR could not be trusted to refrain from interfering in Court business -After winning re-election, FDR has to decide what to do with the Court --An old proposal from 1914 was dusted off which involved adding one judge to lower federal courts for every sitting judge who reached the age of seventy (313) --FDR sought to apply the idea to the Supreme Court -FDR claimed that the Court had an enormous backlog of cases (which it did not) and the old justices needed help (insulting) -Try as he might, FDR could not get the senate to back his plan, and the cost of his failure was enormous --There was a loss of confidence on the part of the country, and --His opponents realized that he could be beaten -But the Court shifted course too --After FDR's pressure on the Court, the Justices started to rule his way

US v. Butler

-The Court Reversed its Course in _____ _____ _____ ___ ______ v. _______ --Shortly after Peal Harbor, the West Virginia board of education passed a resolution requiring the recitation of the Pledge --Resulted in the expulsion of dozens of students --But, a number of justices recanted their earlier positions, and in a reversal is issued on the grounds that ---A symbol (flag) may be "one man's comfort...another's jest and scorn" ---The demand to submit to the pledge is unlikely to foster great cohesion ---Suggesting that local elections are the remedy to heavy-handed school boards doesn't wash, as local politicians can be very persuasive ---This decision was handed down on Flag Day 1943 Chapter 27 - The Wartime Internment of Japanese Americans: -Prejudice and Discrimination --1890 Members of the shoemakers union attacked Japanese cobblers and in 1892 unionized cooks attacked Japanese restaurant workers --1900 Mass inoculations ordered in San Francisco, but only for Japanese- and Chinese- Americans --1905 Headlines from the San Francisco Chronicle ---Japanese a Menace to American Women ---The Yellow Peril - How Japanese Crowd out the White Race --1906 SF established a segregated "Oriental School" --1908 Gentlemen's Agreement - The US forced Japan to limit the issuance of passports to the United States --1913 California passed the Alien Land Act which prohibited the ownership of land by non-citizens --1921 58 Japanese workers forced on to a train in Turlock, CA and told never to return --1924 Immigration from Japan is banned --1942 Internment

West Virginia Board of Education v. Barnette

Chapter 22: Every Idea is an Incitement: -The Supreme Court --_____ ______ _____ named as Chief Justice - former president who was finally in the job he wanted -3 Conservatives were added to the Bench --George _______ of Utah ---Studied at the University of Michigan ---Believer in laissez-faire (keep govt. out) economics and Social Darwinism ---Became the intellectual leader of the conservative faction --Pierce _____ of Minnesota ---Millionaire railroad attorney whose parents were poor Irish immigrants ---Committed to laissez-faire economics ---Sole dissenter in Buck v. Bell --Edward _______ of Tennessee ---Harvard grad ---Worked in the Justice Department under TR ---An expert in technical areas like bankruptcy -After the death of Warren G. Harding, VP _________ ascended to the presidency --Took the oath of office in his PJs --Slept 12 hours a night --Named Harlan Fisk Stone to the Court ---Former AG who gravitated toward Holmes and Brandeis in philosophy

William Howard Taft, Sutherland, Butler, Sanford, Coolidge

Chapter 18 - "Our Constitution is Color-Blind": -Even as late as 1890, remnants of Reconstruction remained --A few black candidates won state offices in South Carolina, Mississippi, and Louisiana --In Tennessee and North Carolina, there were more African Americans in state offices...than there had been during Reconstruction -And, one court case suggested that at least some progress might continue --_____ ____ v. ______ ---Came to CA in 1861 where he began a laundry service ---The city's fire marshal instituted inspections which resulted in nearly all white applications being approved, and every Chinese applicant being denied ---Ruled illegal by the USSC ---Could have served as a valuable precedent, but the case was soon forgotten -Disenfranchisement --Poll taxes --Grandfather clause --Literacy tests --In 1894 Congress repealed most of the Reconstruction laws that were still on the books -Homer Plessy --Looked and "passed" as white --Wanted to challenge the state's 1890 "separate cars" law --June 1892, Plessy purchased a first-class ticket, but the conductor ordered him off the car, and Plessy was sent to jail

Yick Wo v. Hopkins

Chapter 21 - Falsely Shouting Fire in a Theatre: -Once the war beings, dissent is _______ --The New York state legislature turned out its seven socialist members, and socialist newspapers were denied cheap mailing privileges --Editors at the civil rights newspaper The Chicago Defender had to promise not to criticize the government --A ten year sentence given to the maker of a movie critical of the British --Folk who called themselves "Sedition Slammers", "Terrible Threateners" and "Boy Spies" would stop men on the street and demand to see their draft cards --A Nebraska woman got in trouble for doubting that the socks her group was knitting for soldiers would reach their intended recipients, as did a Montana rancher who had voiced the opinion that the war was benefitting Wall Street. He also called the president a (expletive deleted) --The DOJ sponsored the American Protective League which ---Went through the mail of suspected "disloyals" ---Infiltrate private meetings ---Recorded speeches --The Literary Digest asked readers to send in passages from other journals which were deemed seditious --The Committee on Public Safety asked citizens to report anyone who repeated pessimistic stories

condemned

Chapter 19 - "The Spectre of Socialism": -Between 1860 and 1900, the US grew faster than any other country on earth --Population increased from 31 to 75 million, with 20 million living west of the Mississippi --Numbers of farms grew from 2 to 6 million --Productivity grew by leaps and bounds with new inventions and innovations -But a lot of challenges existed as well --Southern farmers lived under the ____-____ system --In our part of the country, railroad companies charged high rates for moving grain and stock, and elevators charged exorbitant rates for storage --In response, organizations like the Grange pressured legislatures into passing laws which established maximum rates on shipping and storage --Attorneys for railroads and elevators howled in protest, and state courts responded by striking down these laws -______ v. ______ --A due process case that unfolded due to the shady dealings of Munn and Scott, the largest grain handlers in Chicago ---Munn and Scott dominated the gain business in Chicago with their elevator capacity of 2.7 million bushels. Munn also conspired with other grain handlers to fix prices ---Illinois farmers forced the passage of a law that established a review board to oversea grain prices, but Munn continued to pay as he pleased ----Corporate lawyers argued that grain storage was part of the "stream of commerce" that could only be regulated by Congress ----But surprisingly, the Court ruled in favor of Illinois farmers

crop-lien, Munn v. Illinois

Chapter 16 - A Higher Law than the Constitution: -Radical Reconstruction --In the next election (1868), the Republicans won veto-proof majorities in both the House and Senate --In every state of the former confederacy (except Tennessee, where a Republican government was already in place), state governments were _______ --the South was divided into five ______ districts, which had the responsibility of maintaining order and registering voters --States were required to to pass the ____th and ____th Amendments. By 1868, 6 more states were readmitted (Alabama, Arkansas, Florida, Louisiana, North and South Carolina) and a handful of African-Americans sent to congress --Georgia, Mississippi, Texas, and Virginia were more problematic, as they obstructed African Americans from taking part in government - these states were administered by the army until 1870 --Congress continued its war with the President ---Took away some of his power as Commander in Chief ---Passed the ______ ___ ____ _____ - forbade the president from firing any official who'd been confirmed by the Senate. When the Secretary of War joined the Radicals, he was fired by the president ---Congress impeached the president, but Nelson wants you to know that ----Impeachment is a _______, not a legal process and so normal criminal procedure is not followed ----Johnson had done nothing illegal, as he had not hired the Secretary of War, thus Johnson had the standing to fire him ----Also impeached for disrespect of Congress (ludicrous) ----Survived trial in the Senate by one vote ----Profiles of Courage JFK -----JFK wrote about Johnson - courage about staying in there and fighting impeachment

dissolved, military, 13, 14, Tenure of Office Act, political

-No calls for internment immediately after Dec 7 --Dec 8 the LA Times stated that Japanese- Americans were "Good Americans, born and educated as such" (348) --But within six weeks ---LA congressman Leland Ford was calling for all Japanese - citizen or not - to be placed in concentration camps --Columnist Westbrook Pegler wrote that "The Japanese in California should be under armed guard to the last man and woman right now-and to hell with habeas corpus until the danger is over" (349) -Was there any evidence of sabotage? No. --But the lack of evidence was treated as ______ ---"The very fact that no sabotage has taken place to date is a disturbing and confirming indication that such action will be taken" (350) -Executive Order 9066 --Authorizes ________ ---Internment = threat = they were not a threat ---Internment = way to get their property ----(personal property, farm land) -______ _______ --Born in Auburn Washington where he helped his family operate a fruit stand --Belonged to a pacifist sect similar to the Quakers, Eagle Scout --Registered for the draft as a conscientious objector --Student at the University of Washington, where he would race back to his dorm room in order that he not violate a curfew - for Japanese Americans only --When he received orders to report to an "assembly center" he told a local FBI agent that he wasn't going ---"I must maintain my Christian principles. I consider it my duty to maintain the democratic standards for which this nation lives. Therefore I must refuse this order of evacuation." ---Arrested for his violation of curfew and his refusal to evacuate

evidence, internment, Gordon Hirabayashi

-What accounted for the response? --Segregation and the stigma of ______ -The Briggs case was heard in federal district court where --The white superintendent feigned ignorance as to why whites and blacks were separated at school - said that no one had ever asked the question before --Then, Marshall and his team pointed out the inequalities of the two schools ---No lunchrooms, desks, indoor plumbing in the all-black schools, and then Clark outlined his findings on the 'doll studies' --The district court refused to rule on the constitutionality of separate schools, but did demand that steps be made to equalize the two institutions --Two days after the Briggs decision, the case began in Topeka -______ v. _____ --In Topeka the two schools more much more equal, and so the entire point of the case was segregation --In August 1951, the local court ruled that it was acceptable under the constitution to maintain separate school systems --The next step? --USSC Chapter 30 - War on the Constitution: -_____ v. ______ --The focus of Brown was not to equalize the white and black schools of Topeka - they were roughly the same --Instead, the point was to argue that segregation was the issue at hand --A three judge panel in Kansas disagreed, ruling to keep segregation in place in Topeka --The Brown case was combined with other civil rights cases of the time, and packed together for the USSC

inferiority, Brown v. Board, Brown v. Board

Chapter 16 - A Higher Law than the Constitution: -The Reconstruction Crisis --Does Reconstruction refer to the period in which the South was built? ______. Instead, it referred to the process by which the 11 revel states were to be restored to the ______ --US Constitution ---______ Construction - try to determine the intent of the Founders; actually written ---______ Construction - view the constitution as a living document; can change and be interpreted in different ways -Lincoln's Plan to Restore the southern states to the Union --Proposed that at the point when 10% of eligible voters in a former ________ state took an oath of allegiance, the people of the state could draft a new state constitution, organize a state government and sent representatives to Congress --Three states which were occupied by Union forces complied - Tennessee, Arkansas, Louisiana -Congress's Plan --Radical Republicans offered instead the ______-_____ Bill, which stated that before the state's citizens could draft a new constitution and send representatives to congress, 50% of eligible voters would have to swear an oath of allegiance to the Union and Congress would have to approve new state constitutions - Lincoln refused to sign --Lincoln was a savvy politician, however, and he reached out to congress and hinted that he was ready to compromise by offering African Americans who had fought for the Union the right to vote. Assassinated before any additional plans came forth

no, union, strict, liberal Confederate Wade-Davis

Eugenics: -Stood Darwin on his head - forget about natural selection and _______ drive evolution -Animal/plant breeding - why not people -______ Era - Use the power of the State to improve humanity -Intelligence Tests --Give you a number and America loves numeric data --"Feeblemindedness" becomes a major fear -Immigration - fear of immigration - end of immigration in _____ -WEB DuBois - "Talented Tenth" - believed in eugenics as well for African Americans - create the best (smartest, most attractive) Chapter 28 - My Little Soul is Overjoyed: -Justices named by Truman to the court include --Republican Senator Harold ______ from Ohio ---Payback for Republican support of FDR during the war - a man with no judicial experience, tough on communists, lukewarm supporter of civil rights --Kentucky's Fred _____ for Chief ---Experienced in many levels of government, had also served as city attorney, in congress, was a federal judge, and Secretary of the Treasury. Vinson was usually supportive of Truman --Texas native Tom _____ ---Came from a family of lawyers, spent ten years at the Justice Department, hard line against communism, supported civil rights --Indiana's Sherman _____ ---Supported FDR's plan to pack the court, left no lasting mark on the Court

purposefully, Progressive, 1924 Burton, Vinson, Clark, Minton

Chapter 16 - A Higher Law than the Constitution: -Andrew Johnson --Grew up in poverty --Married the teacher who taught him to read - she later pushed him into politics --Only Southern senator who refused to walk out in protest --Drunk on the day he was sworn in as VP --Hated _______ - a person who favors formal withdrawal from membership of a federation or body, especially a political state. --Wanted to execute Jefferson Davis (was an American politician who served as the president of the Confederate States from 1861 to 186) --Hated slavery b/c slavery represented property - did not like ______ people -Johnson: "They are already states" --Johnson believed that Southern states had never left the _____, as such a thing was impossible as there isn't a constitutional provision for leaving the country ---good theoretically but not in reality --Under Johnson, 4 Confederate generals, 6 members of the Davis cabinet, and the Confederate VP was sent back to Congress after the war ended -> this made people angry --Johnson was also a big pardoner - 2000 per month --While all of this was going on, a number of southern state legislatures enacted _____ ______ (devised to circumvent the 13th Amendment - try to keep slavery going w/o saying it was slavery) -The Radicals: The states have forfeited their rights --By their secession, southern states had committed state suicide, and so they ought to be treated like ______ territories ---need to go through process to become a state again --In addition, perhaps the government ought to confiscate the estates of planters who had been active Confederates, high-ranking army officers, and government officials

secessionists, wealthy Union, Black Codes western

Chapter 15 - Another Explosion Will Soon Come: -Originally, Lincoln stated that the USSC would decide the issue of slavery in the _______, and that will be the end of it -Shortly after, though, he stated that the decision is ______; that the Court had overreached itself before, and it will do so again -In his inaugural, Lincoln stated that the people have ceased to become their own ______ --didn't think very much of the ______, status court was in a decline during the war Chapter 16 - A Higher Law than the Constitution: -The ____th Amendment --Although slavery was abolished by Executive Order on January 1, 1863, it applied only to the states under rebellion, and thus a constitutional amendment had to be passed in order that slavery would be abolished across the country. Lincoln was also concerned that his executive order ---Might be found _______ or ---That it would be overturned by a future _______ --Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted shall exist within the US, or any place subject to their jurisdiction --Section 2. Congress shall have power to enforce this article by appropriate legislation --Approved by the Senate, Lincoln had to wait for the election to pick up enough Republicans in order to secure a 2/3 majority in the House, as a 2/3 majority is what's needed to send a proposed amendment out to the states. Ratified December 1865

territories, erroneous, rulers, USSC 13, unconstitutional, president

-Blackmun also devised the three ______ system --No restrictions - 1 --States can regulate - 2 --States can ban unless the mother's life was in danger - 3 -Dissenting Opinion written by Justice ______ --Rehnquist disagreed with the sweeping use the right to privacy ---"the Court has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment." --States have had laws prohibiting abortion for a long time, and thus, "the asserted right to an abortion is not 'so rooted in the traditions and conscience of our people as to be ranked as fundamental'" Chapter 34 - Truly a Pandora's Box: -Same Sex Relationships --Sexual relations between people of the same sex was a criminal offense in all 13 original states, and by 1961, in all 50 states -> Georgia - 20 years imprisonment --Long history of discrimination --August 3, 1982 ---Officer KD Torick entered the home of Michael Hardwick, intending to serve a warrant for failure to appear for the crime of consuming alcohol in public ---Hardwick is discovered with his lover in an upstairs bedroom, he is arrested, taken to jail ---Hardwick appealed his conviction and a federal appeals court ruled that 'private consensual sexual behavior among adults' was protected from punishment (459) -______ v. ______ --The state or Georgia appealed to the USSC on the grounds that its law ---Rested on 2 millennia of Judeo-Christian morality ---Epitomizes moral delinquency ---Leads to other deviate practices ---Right of privacy did not extend beyond marriage ---Worry: If Georgia law was overturned, that might lead to same-sex marriage

trimester, Rehnquist, Bowers v. Hardwick