² this permitted the ussc to leave intact u²s²

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·² This permitted the USSC to leave intact U²S² Steel²²² °» °¾°º Amendment °½ None Taxes °² The Congress shall have power to lay and collect taxes on incomes´ from whatever source derived´ without apportionment among the several States´ and without regard to any census or enumeration² º· °¾°º The Progressiveness of the USSC Charles Warren °² Courts should restrict themselves to passing on the constitutionality of legislation´ not whether it was a good idea or not ·² However´ the USSC has been steady and consistent in upholding all state legislation of a PROGRESSIVE type²² º² There is no need for a new remedy´ or recall of judicial decisions² The USSC has upheld eery state labor statute brought before it² ºº °¾°½ Louis Brandeis Living law None µ¶ The law·s power lay in its ability to change as society changes¶ Otherwise´ the law becomes a dead letter´ of little use to moden people² ·² Brandeis argued that the courts must respond to the enormous changes in the nation¼s economoic and social conditions that caem to characterize America in the early twentieth century² º² His essay was very powerful and would pressage developments that would occur some twenty years later in the New Deal court ±² Has not the recent dissatisfaction with our law as administered been due´ in large measure´ to the fact that it had not kept pace with the rapid development of our political´ economic and social ideals? º± °¾°¹ Child Labor Act Child labor act´ \ °² Was passed in °¾°¹ by Congress which used its constitutional power over interstate commerce to prohibit transport of factory goods made by children ·² Congress has the power to regulate À or even prohibit ÀÀ in order to advance a public policy that would benefit the nation as a whole ¾¶ Wasn·t this shot down&%$& º» °¾°¾ Zechariah Chafee´ ³Free Speech in Wartime None Free speech´ First amendment °² Father of ³modern³ free speech ·² Laid out ideas on the social value of unlimited discussion º² Once force is thrown into the argument it becomes a matter of chance whether it is thrown on the false side or the true´ and truth loses all its natural advantage in the context² The first amendment protects two kinds of interest in free speech "! "individual and social¶ º½ °¾°¹? Clear and Present Danger None First amendment´ espionage act´ bad tendency´ clear and present danger °² Schenck was one of the first uses of CAPDanger´ °² Schenck was convicted of violating the Espionage Act by printing and distributing antiwar leaflets to men drafted into the military ·² He appealed on grounds that the First Amendment protected his right to protest the war´ but the court disagreed² º² Justice OWH merely used the phrase ³³clear and present danger³³ to justify the old ³bad tendency³ test² º¸ °¾°½? Woodrow Wilson None °² Trust buster º¹ °¾·½ Langston Hughes I´ Too º¾ °¾º» W² E² B² DuBois

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