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Unformatted text preview: Liberty Contracts and Legal Modernity EC KNIGHT- Upheld the Sherman Anti-Trust Act o But took away the power- Did Not apply to manufacturing- Severely weakened the Sherman anti-t rust act and federal governments ability to limit monopolies. Pullmans Town-Company town- Rents and rules set by Pullman- Mandatory to live there- Workers went on strike when Pullman slashed wages(1894)- got national support from the railway unions - said the workers wouldnt attach Pullman cars at railway stations- President Garfield got his attorney general to stop the strike- Court orders the strike to stop b/c claim the mails r being stopped thus its interstate issue thus federal issue thus government can shut it down.- Violence erupts - Millitary gets involved and kills 6 strikers IN Re Debs (1895)- Goernment could forcibly remove any obsructions to commerce or the mails, either by military power- Violation of the Sherman anti-t rust act to organize a strike- was a conspiracy- Effectively prohibited organized labor from using strikes to obtain concessions from employers Separate Car Law- Required either separate passenger coaches or partitioned coaches to provide segregated accommodations.- $25 fine or a 20-day jail sentence.- Black nurses attending white children were permitted to ride in white compartments- People argued that segregation does not equal exclusion citizens Committee to test the Constitutionality of the Separate Car Law- Strategy- someone with mixed blood violate the law- Question the laws arbitrariness- Violated 13 th Amendment as a badge of servitude- Violated 14 th Amendments Equal Protection Clause Brown on the 14 th Amendment- The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but it could nto have been intende do to abolish distinctions based upon color, or to enforce social as distinguished from political equality or commingling of the two races upon terms unsatisfactory to either.- i.e. there is a difference between political and social equality and we cant regulate social equality- Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other, and have been generally, if not universally, recognized as within the competency of the state legislatures in the exercise of their police power. Harlans Dissent- The white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievements , in education, in wealth and in power. So, I doubt not, it will continue to be for all time, if it remains t rue to its great heritage and holds fast to the principles of constitutional liberty. But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among its citizens. Gilded Age Constitutionalism: Exclusions and Economics...
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- Spring '08