Beruflich Dokumente
Kultur Dokumente
NOTES Old Testament Model of Moses and His Judicials Body of Liberties adopted (put current system in writing) First Governor of colonies Interpreter of the laws of God Democracy worst form of all governments th Preached different from status quo; violated 5 commandment (obey mother and father state) Connecticut colony leader Sovereign = servant of the state Separation of church and state Colonists held their land illegally New Testament Right of people to alter their government and laws Succeeded Winthrop Eager to see death penalty applied to Quakers Christian Commonwealth Bible contained all the law, no need for legislature Jesus = only king and ruler, no need for head of state Promoted liberalism Rejected absolutism Democracy = only satisfactory commonwealth Zenger Case
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CASE/S
John Wise
Claimed his entitlement to part of the compensation of the Acting Governor Van Dam Dispute brought to court Crosby took case to the Justices of the Supreme Court and when Chief Justice Morris ruled against him, Crosby removed Morris John Peter Zenger, editor of the New York Weekly Journal, commented unfavourably against Morris removal Crosby had Zenger imprisoned and tried for seditious libel Andrew Hamilton asked jury to take truth/falsity of libel into consideration HELD: it is a defense to an allegation of libel that the statements complained of are the truth Landmark case: freedom of the press
James Otis
Patrick Henry
Writs of assistance General search warrants violated the natural law Only special warrants are valid Fourth Amendment later on prohibiting all but specific warrants Maury Case - Defended merchants against a suit brought by an Anglican clergyman - Clergymen entitled by law to be supported by a tax on tobacco - Tax reduced in amount - King vetoed this reduction because of the appeal of clergymen - Henry pleaded that the King had no power to veto the act; asserted the compact theory (government = based upon a contract between the people and the sovereign which cannot be violated) - Jury accepted the argument
Samuel Adams John Adams George Washington Thomas Paine Thomas Jefferson
Pure democracy must be really sovereign Law cannot be fixed; subject to the alteration at the will of the people nd 2 president of the US st 1 president of the US Chief political mentor George Mason Advocate of protection of properties Common Sense pamphlet to convince Americans not to make compromises with the royal government Declaration of Independence Egalitarianism, agrarianism, states rights, extreme democracy Great humanitarian Access of all classes to participate in government to the fullest Jefferson v Marshall impeachment of justices; Chase was acquitted Jefferson v Hamilton Hamilton saw the necessity of a central government so strong, it is beyond any control/check by state government Believed in a farming economy Marxian analysis of governments Federalist; advocated a strongly centralized government XYZ mission Foe of Jefferson Secretary of State of President Adams (appointed by Adams to see Federalist policies perpetuated)
Trial of Aaron Burr - Aaron Burr killed Alexander Hamilton - Burr represented himself, issued a subpoena duces tecum against Jefferson
Marbury v Madison - The Supreme Court had the right to pass on the constitutionality of an Act of Congress Fletcher v Peck st - 1 case where the Supreme Court held an act of a state to be unconstitutional Dartmouth College Case
Altering the Dartmouth charter (question: W/N a charter is a contract) Act changing the charter is unconstitutional because it impairs the obligation of a contract
McCulloch v Maryland - The State had no right to tax an isntrmetnality created by the federal government - Passed on the right of Congress to establish a national bank Gibbons v Ogden - Declared monopolies unconstitutional Brown v Maryland - Federal government has exclusive jurisdiction of interstate commerce John Calhoun Roger Taney Southern leader Greek democracy built upon slave labor Black slavery in the South = no worse than the industrial slavery in the North Took principle of balanced powers from the Federalists Northern leader Supported the Fugitive Slave Act and thus lost support from the North Old Hickory Man of the people Inventor of the spoils system Set precedent for organized partisan politics Changed the character of the Cabinet from a council with political opponents to a Kitchen Cabinet made up of party intimates Rights of the masses Vetoed bill to renew charter of national bank (acted out of intensified agrarianism and strong hatred for industrialists) Follower of Jackson Legislative grant by a state must be construed narrowly and if there be any ambiguity, it must be resolved in favor of the state Unless property is protected, there is no justification for a state Opinions = one of the chief guides to American low Completely anti-democratic Federalist and then a Whig Aristocratic management of government is essential to security and progress since the chief function of the government is the protection of property (followed Locke) Control of Senate to remain with propertied class Opposed expansion of voting franchise to unpropertied class
Daniel Webster
Andrew Jackson
Story
Prigg v Commonwealth of Pennsylvania - Pennsylvania Fugitive Slave Act = unconstitutional because only federal government has the right to enact legislation Dred Scott Case - Scott = slave - Scott = not a citizen, cannot sue - Scott = resident of Missouri and therefore Illinois law cannot affect him - Issue concerned: not abolition of slavery but its extension into other territories
Abraham Lincoln
Henry George
Louis Brandies
16 President of the US Wished to preserve the union at all costs, even if it meant supporting fugitive slave laws Freed the Negros, who were entirely unready for freedom Advocated a single tax Land belonged to the people and could not be permanently alienated Concentration of taxes on rent = solve problem of land monopoly Ideas = first assault on laissez faire Redistribution of wealth Square Deal Created the Federal Reserve System of banking, establishing branch government banks in various cities to get away from the bad boys of Wall Street New Freedom Opposed to conservatism Strong leftist tendency Majority judges decided cases according to their own social/economic biases Never the leader of a majority group; found himself in the minority from the start Approach to law was philosophical Movement for restrictive regulation of corporations in line with desirability of experimentation Class legislation = necessary and proper provided easy transition and preservation of rights of minority Most important was necessity for judges not to stretch constitutional interpretation through their own conceptions of public policy Supported absolute rights of the majority st 1 Jew in Supreme Court Appointed by Wilson Opposed reorganization of Supreme Court by FDR Clearly biased opinions based on social predilections
th
Truax v Corrigan - Holmes saw no reason why there should not be social experimentation
Wormser says... Must have been influenced by teachings of William James (pragmatism truth of human ideals is proved
Roscoe Pound
Interested in achieving social justice Independent approach Judge by temperament nd 2 Jew in Supreme Court Appointed by Hoover Powerful addition to minority group in Court Inherited the depression from Hoover Restored a badly shaken public confidence Government intervention in business Pump-priming (problem of unemployment) Americans can spend themselves out of depression by increasing their purchasing power Social justice Annoyed that many laws deemed unconstitutional by Supreme Court; sought to reorganize the Supreme Court which was conservative Introduced very liberal legislation Used his executive power to the maximum
only by practical effects) and John Dewey (also a pragmatist, pedagogy, revolutionized science of teaching)