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JUDICIAL

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by

Helene Cho

on 24 February 2015

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Transcript of JUDICIAL

JUDICIAL
Judicial ideas in the 1920's

Taft in the Supreme Court

Progressive programs

Guinn v. US

Buchanan v. Worley

Buck v. Bell

Eugenics Movement

Bailey v. Drexel Furniture Company


Search Results
Web
News Images Videos Books More
Hammer v. Dagenhart

Hill v. Wallace

Carroll v. US

Lum v. Rice

Adkins v. Children's Hospital

Child Labor Laws

Civil liberties, Holmes, and the Schenck Case

Taft in the Supreme Court
Progressive Programs
Guinn v. US
CASE CLOSED
Buchanan v. Worley
Buck v. Bell
Eugenics Movement
Bailey v. Drexel Furniture Company
Hammer v. Dagenhart
Hill v. Wallace
Carroll v. US
Lum v. Rice
Adkins v. Children's Hospital
Child Labor Laws
Civil Liberties, Holmes, and the Schenck Case (1919)
"Declared unconstitutional a minimum wage law for women on the grounds that it denied women freedom of contract -- declared that under the 19th Amendment, women were no longer deserving of special protection in the workplace"
“Most of his decisions were cautiously conservative and constraining of government. In Truax v. Corrigan, ... He reasoned that even peaceful picketing may violate the Fourteenth Amendment in depriving business owners of their property without the due process of law. He also ruled against the right of Congress to discourage child labor by levying an excise tax on goods manufactured by children”


"especially in antiprohibition areas... [New York] repealed its prohibition-enforcement law"

“For rebellious youths, alcohol’s illegality increased its appeal”

"Rum-runners smuggled liquor from Canada and the West Indies"

“Organized crime helped circumvent the law”
Regulation is left to the state
HC
DY
HC
Child Labor and Commerce Clause
Interstate trade and commerce
Manufacturing practices
Not in Congress's power
DY
Future Trading Act
Congress attempts to regulate futures sales through taxes
Unconstitutional, act overturned
Passes Grains Futures Act
Regulates without tax, and more information
DY
By: Isabella Chang, Helene Cho, Hannah Lee, Mary Sailer, David Yang
“Gong Lum was a resident of Rosedale, Mississippi, father of 9-year-old Martha Lum. Martha, a native-born citizen of the United States, attended the first day of school at the Rosedale Consolidated School. However, at the noon recess, the superintendent notified her that she would not be allowed to return to the school, solely on the ground that she was of Chinese descent and not a member of the White or Caucasian race.”

“Citing Cumming v. Richmond County Board of Education (1899), wherein it upheld a state law that allowed separate high schools for Black and White students, in Gong Lum, the Supreme Court asserted that the state has the right and power to regulate the method of providing for the education of its youth at public expense.”

MS
Charles Schenck
Associate Justice Oliver Wendell Holmes fist used the term "clear and present danger"
“Months later, the same officer recognized Carroll and his vehicle as it was traveling along a Michigan highway. The officer pursued Carroll, pulled him over, and conducted a warrantless search of his vehicle...Carroll appealed, citing the warrantless search of the automobile as a violation of the Fourth Amendment. The court upheld warrantless searches of automobiles when probable cause existed for such a search – i.e. reasonable belief that the automobile to be searched contains evidence of a crime.”

HL
HL
HL
MS
"No person shall be registered as an elector of this state or be allowed to vote in any election held herein, unless he be able to read and write"

HC, IC
"The Court held that a Louisville, Kentucky, city ordinance prohibiting the sale of real property to blacks violated the Fourteenth Amendment, which protected freedom of contract"
"Ruled that a state statute permitting compulsory sterilization of the unfit, including mentally disabled, “for the protection and health of the state” did not violate the Due Process of the Fourteenth Amendment to the United States Constitution."

"the Immigration Act was passed by majorities in the U.S. House and Senate. It set up strict quotas limiting immigrants from countries believed by eugenicists to have "inferior" stock, particularly Southern Europe and Asia."
"This case presents the question of the constitutional validity of the Child Labor Tax Law. The plaintiff below, the Drexel Furniture Company... received a notice from Bailey, United States Collector of Internal Revenue for the District, that it had been assessed $6,312.79 for having during the taxable year 1919 employed and permitted to work in its factory a boy under fourteen years of age, thus incurring the tax of ten percent on its net profits for that year."
"For the reason given, we must hold the Child Labor Tax Law invalid"
"two minor sons, one under the age of fourteen years and the other between the ages of fourteen and sixteen years, employees in a cotton mill at Charlotte, North Carolina, to enjoin the enforcement of the act of Congress intended to prevent interstate commerce in the products of child labor"
"The District Court held the act unconstitutional"
"During World War I, Schenck mailed circulars to draftees [which]... urged... peaceful action such as petitioning to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment."
"The Supreme Court ruled that [the Keating Owen bill of 1916 against child labor] was unconstitutional in Hammer v. Dagenhart 247 U.S. 251 (1918) because it overstepped the purpose of the government's powers to regulate interstate commerce."
"[T]he Child Labor Tax Law [which] took an indirect route to regulate child labor...by using the government's power to levy taxes... was soon found to be unconstitutional in Bailey v. Drexel Furniture Company 259 U.S. 20 (1922). The Court reasoned that 'The power of Congress to regulate interstate commerce does not extend to curbing the power of the states to regulate local trade.'"
Federal protection of children would not be obtained until passage of the Fair Labor Standards Act in 1938... the Supreme Court reversed its opinion in Hammer v. Dagenhart and, in U. S. v. Darby (1941), upheld the constitutionality of the Fair Labor Standards Act.
IC
IC
IC
"In upholding the constitutionality of the Espionage Act of 1917... the Supreme Court articulated the Clear and Present Danger doctrine"
What are Eugenics?
"Eugenics is the control of reproduction to alter a plant or animal species, and some U.S. eugenicists believed that human society could be improved by this means."
"The vogue of eugenics gave "scientific" respectability to anti-immigrant sentiment, as well as to the racism that pervaded white America in these years."
The Fourteenth Amendment and Civil Rights Act of 1866 "[assured] to the colored race the enjoyment of all the civil rights…enjoyed by white persons."
"That provision exempted two classes of individuals and their descendants from the requirement: 1) male citizens who were born on or before January 1, 1866 were entitled to vote; and 2) male descendants of people who at that time resided in a foreign nation were also allowed to vote."

A Virginia law allowed for the sterilization of inmates of institutions to promote the "health of the patient and the welfare of society."
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