Supreme Court Journals 3 Complete

Supreme Court Journals 3 Complete - Supreme Court Journals...

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Supreme Court Journals (3 rd Quarter) A.P. U.S. History – 03/21/05 Brian Gawlak, Elyse Noccioli, David McHugh (Brian Gawlak #1-4) Hammer v. Dagenhart (1918) a. Chief Justice Edward D. White; Final Vote: 5-4 b. Declared the Keating-Owen Act (a child labor act) unconstitutional on the grounds that it was an invasion of state authority. c. This case took place during the time of progressive reform during which many reform attempts were made in industry to abolish child labor, set maximum work hours, and minimum wages. One possible reason for the failure of this decision is that it took place during World War I, during which there were more jobs to be filled than usual. If child labor was abolished, more businesses may have gone out of business because there would not be as many people to work in them. d. This decision resulted in the continuance of child labor and in the strengthening of state power. It allowed for children to work in dangerous and unhealthy conditions in factories. This decision would not be altered until about two decades later with the reforms of FDR during the Great Depression. e. President Woodrow Wilson probably would not have agreed with this decision. He most likely would have rather had child labor abolished, for his progressive views can be seen in how many reforms were made under him. Schenck v. U.S. (1919) a. Chief Justice Edward D. White; Final Vote: 9-0 b. Unanimously upheld the Espionage Act of 1917, which declared that people who interfered with the war effort were subject to imprisonment; declared that the 1 st Amendment right to freedom of speech was not absolute; free speech could be limited if its exercise presented a “clear and present danger.” c. This decision was made during World War I, to which many people were opposed. Therefore, people began to mock the government and its leaders. The President could not allow this to happen during a war; it was necessary for the United States to be unified. Therefore, he commanded that those who speak badly of the government should be put in jail in order to enforce unity. d. This decision gave the government power over the constitution, for it allowed government to decide when Amendment 1 applied and when it could be limited. It put the power of the government above the rights of the people granted them in the Constitution. e. President Wilson would have agreed with this statement, for he would have looked to form unity within the United States during this time of war. Also, it can be seen that he cut back on the public’s rights many more times and not only in this case. Adkins v. Children’s Hospital (1923)
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a. Chief Justice William Howard Taft; Final Vote: 5-4 b. Declared unconstitutional a minimum wage law for women on the grounds that it denied women freedom of contract. c.
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This note was uploaded on 06/01/2008 for the course HIST 21 taught by Professor Spear during the Fall '07 term at Furman.

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Supreme Court Journals 3 Complete - Supreme Court Journals...

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