Supreme court volume#2
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This document summarizes Supreme Court cases and justices from the late 19th and early 20th centuries. It discusses key 14th Amendment cases, justices like John Marshall Harlan and Oliver Wendell Holmes, the struggle between capital and labor, and how the court initially opposed FDR's New Deal programs but later surrendered to them. Major topics covered include civil rights, economic regulation, social Darwinism, eugenics, and the expansion of government powers during the New Deal era.
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The document discusses different types of law:
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The document discusses the key foundational principles of the United States government including limited government, consent of the governed, rule of law, democracy, and representative government. It then summarizes several historically significant documents such as the Declaration of Independence, the Constitution, and amendments that established these foundational principles and the structure of the US government. Finally, it outlines the procedures for amending the US Constitution and Virginia Constitution which both require proposal by a legislative body and ratification by voters or states.
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The document discusses the differences between federal and state governments in the United States. It explains that the federal government was created by the Constitution to have balanced powers between the legislative, executive, and judicial branches. Some exclusive federal powers include printing money, declaring war, and regulating interstate commerce. State governments have exclusive powers such as issuing licenses, conducting local elections, and providing public health and safety. Both levels of government share some powers like setting up courts and taxation. When state and federal laws overlap, the federal government typically has supremacy and the Supreme Court can make final decisions on jurisdictional issues between the levels of government.
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- In Mexico, one is considered guilty until proven innocent, while the U.S. uses the innocent until proven guilty standard.
- Trials are by a single judge in Mexico but by a jury of peers in the U.S.
- The Amparo acts like habeas corpus by allowing a judge to prevent abusive arrest, taking the individual under their care until the case is resolved.
- A recent case involved the arrest of Duane Dog Chapman by U.S. Marshals at Mexico's request for jumping bail in Mexico. This case highlights the incompatibility between the two legal systems.
Amparo Habeas corpus compared
The document compares the Mexican Amparo law and the U.S. judicial system. Some key differences are:
- In Mexico, one is considered guilty until proven innocent, while the U.S. uses the innocent until proven guilty standard.
- Trials are by a single judge in Mexico but by a jury of peers in the U.S.
- The Amparo acts like habeas corpus by allowing a judge to prevent abusive arrest, taking the individual under their care until the case is resolved.
- This individual protection by a judge is not practical for most cases due to costs and risks to the judge.
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The document discusses several key aspects of the early national period in the United States, including that the government's authority comes from citizens, elections should be frequent, and individual rights and freedoms should be guaranteed. It also notes debates around the appropriate level of power for the national government versus state governments, as seen in disagreements over the Articles of Confederation. Events like Shays' Rebellion and accumulating debt led to calls for a stronger central government and the writing of the U.S. Constitution.
Civil Liberties, Vs Civil Rights; Best
The document discusses several key aspects of civil liberties and rights in the United States, including the evolution of the Bill of Rights, differences between civil liberties and civil rights, and Supreme Court cases that have helped define these concepts over time. It provides examples of specific rights protected by the Constitution and how the Supreme Court has ruled on issues related to freedom of speech, religion, press, and assembly.
Blte 01
The document provides an overview of the key concepts in business law, including the common law tradition, precedent, remedies, constitutional powers of government, and individual rights and protections such as freedom of speech, religion, due process, and privacy. It discusses the historical foundations and sources of American law, including constitutional law, statutory law, administrative law, and common law. It also summarizes classifications of law such as substantive vs procedural law and civil vs criminal law.
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Supreme court volume#2
- 1. Supreme Court Volume #2 Steve J. Field John Marshal Harlan Oliver Wendell Holmes 14th Amendment-federal gov’t will protect you citizenship even in your state..”what are privileges and immunities of citizenship, what rights comprise liberty..how far could the federal government go?” The Civil Rights Cases Justice Harlan Growing Economy New Conflicts Regulation/Deregulation of the Economy Steven J. Field-Keeping private property clear from government meddling-Liberty of Contract Survival of the fittest” Herbert Spencer”
- 2. Oliver Wendell Holmes Agnostic---did not believe in natural law…there were no god-given rights…early Critical Race Theorist 1897—Maximum work hour laws…Liberty of Contract…free market ideals…Lockner Case Struggle between Capital and Labor Holmes favored Capital William Taft appointed business friendly judges to the court William Brandeis-first Jewish Justice Carrie Buck-forced sterilization…Holmes favored this
- 3. FDR-pushed down prices and create jobs, New Deal, peoples expectation about what government do would rise, government was exercising powers never used before 4 Horsemen of the Apocalypse Roosoveltwanted to put more judges on the US Supreme Court, West Coast Hotel v. Parrish (Minimum Wage)-Liberty of Contract Doctrine..Court surrendered to the New Deal..government helped people compete in the market place…New Deal…Oliver Wendell Holmes