1937 Constitutional Revolution
Why is it that some people call this the constitutional revolution of 1937?
Death of Substantive of Due Process
West Coast Hotel v. Parrish, 1937
- State of Washington has enacted a minimum wage law for women and
FDR & The New Deal
Why was the New Deal so controversial in its day?
- Expansion of Federal Governments role in economic affairs.
- Delegation of legislative power unconstitutionally to executive branch allowing
him to enact regulations on businesses.
Late Reconstruction into Early Labor Cases
- Immigration from Southern & Eastern Europe
- Movement from rural to urban centers for job opportunities.
- Rise of corporations
- Growth of corporate capital
- Trend toward organiz
Early Reconstruction Legislation
Civil War 1861-1865
Southern States seceded from the Union.
- Protection of States Rights, Slavery being the main issue.
- Secession based on constitutional theory that states were sovereign.
- 1861, 11 Southern States sec
Crisis of 1890
Crisis of 1890
- Depression of 1893
- Pullman Strike
- Coxeys March
- Populist Movement
- In re Debs (1895)
- Federal Government has the power to use military as well as injunction
in order to prevent the obstr
- Ratified in 1868
- Privileges & Immunities clause
- Nullified by Slaughterhouse
- Due Process clause
- Liberty to contract, Lochner v. New York
- Incorporation of freedom of speech & press
- 1937, Selection of th
Civil Rights & Social Justice
- Way in which the Supreme Court and the society functions in the 50s
and 60s to bring about not only a social movement but also a top
movement from the court, from the congress, and the president.
Introduction to Constitutional History
What is History?
- Analysis or Interpretation of the past; Social Events, Political Movements,
Individuals, Economic Trends, Governmental Structures, Etc.
- Primary Source; People who witnessed an event and can give
Presidents of the 20s
Warren G Harding
- Return to Normalcy
- Succeeded Harding after his death while in office.
- Secretary of Commerce under Hoover & Coolidge
- Advocate of the Trade Association movement
Reconstruction & Civil Rights Cases
Reconstruction & Civil Rights
- Court offered a narrow interpretation of the Reconstruction Amendments.
- Court reflected popular will.
- Traditional notion of federalism will serve as a counter revolutionary force.
Reconstruction Amendment Cases
13th Amendment 1865
- Abolished Slavery
14 Amendment 1868
- Established Citizenship & Protected certain rights of citizenship.
- US Born
15 Amendment 1870
- Voting Rights based on Race or Prev
World War I
History of Liberty in the United States
- Built into the Bill of Rights; the assumption of negative liberty, that
liberty needs to be protected from the government.
- Idea of liberty was strong based on property rights in the early 19th
- Social reformers in the early 20th century centralized in urban areas focused on
workers rights, conditions, wages etc.
- Strong sense that the government can solve problems.
- People need a more direct voice to representatives and governm
Brown v. Board Respones
Brown v. Board of Education, recap
- The creators of the 14th Amendment intended that it be
interpreted as separate but equal.
- Original Intent
- Argued the Amendment must be viewed in the light of current
- Rapid Growth of National Power
- Federal attempt to regulate morality in an effort to protect people with
the use of the new federal police powers.
- Lever Act,
- Committee on Public Information, CPI
- Federal Dr