Before contracts were filled with legal jargon

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Before, contracts were filled with legal jargon, because lawyers and courts were afraid there might be misinterpretation otherwise o Grocery stores You will find price per quantity for each item That is federal law This is to allow the everyday consumer to be able to compare apples to apples o FDA and other administrative agencies Existed before consumerism – then changed dramatically with consumerism Used to work to make sure that businesses had structure within to operate Were not concerned about the consumer Now, they make sure that food quality is regulated Never would have happened before Federal government has stepped in to help consumer o All these things come under the heading of consumerism and consumer protection All this happened so quickly o Yet before, the culture was very “hands-off” o Then suddenly, the government changes all these rules
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Contracts became three party agreements Government steps in to make sure playing field is level and that consumer is protected Constitution o Still in its own way a statute Three ways of interpretation apply (intent, plain meaning, policy from last lecture) o States that Supreme Court should interpret Constitution Slavery o At first, slavery was fine o Constitution consciously ignored slavery as an issue Drafters wanted to appease all The only place where slavery was mentioned was in representation (slave was six tenths of a person) o Nonetheless, the issue of slavery had been present before the Constitution (though it became more obvious with the Constitution) o Amistad case – 1839 Amistad – Spanish slave ship carrying 53 newly imported Africans from Havana to another Cuban port Slaves mutinied, ended up traveling north, got caught off New Haven Spain wants slaves back and because the slaves killed captain and crew Case went to Supreme Court John Quincy Adams argued that Africans should be freed on the grounds that slave trade was illegal (it was illegal to import slaves, not own) under Spanish and American law Also said that mankind (race, religion, and such don’t matter) had a natural right to freedom Africans were sent back to Africa There was a natural right to freedom Man’s law is subservient to this natural law (natural law transcended man’s law) This was Adams’s argument o 18 years later – Dread Scott case Note that the Constitution did not change Keep in mind that Amistad said natural right to freedom Dread Scott Slave taken by master and army officer to Illinois, where slavery was forbidden, then went back to Missouri, where he sued for freedom having been a resident on free soil Again, keep in mind that Amistad said natural right to freedom Case against Scott – three points Blacks can’t be citizens of US, so Scott had no right to sue in federal court
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As resident of Missouri, laws of Illinois no longer had an effect on his status
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