The White Court: Justices, Rulings, and Legacy

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ABC-CLIO, 2004 - 309페이지
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An in-depth examination of the U.S. Supreme Court under the 11-year reign of Chief Justice Edward Douglass White.


The White Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Edward Douglass White. Through detailed discussions of landmark cases, this reference work explores the role the Court played in steering the country through an era of economic growth, racial discrimination, and international warfare.

The White Court reveals how the Court established its greatest legacy, the rule of reason, in antitrust cases against the American Tobacco Company and Standard Oil, and how it resolved controversies concerning the expansion of executive power during wartime. Individual profiles of the 13 White Court justices describe their rise to prominence and controversies surrounding their nominations, their work on the Court, judicial philosophies, important decisions, and overall impact.


  • A-Z entries on key people, laws, cases, events, and concepts such as Oliver Wendell Holmes, Hipolite Egg Co. v. United States, and Standard Oil of New Jersey v. United States
  • Appendix with excerpts from primary documents of key cases decided during the White Court tenure

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Progressive Reform Legislation
126
Labor Legislation
130
Racial Discrimination
139
War and the Constitution
146
Civil Liberties
154
Questions of Federal Power
159
State Powers
165
References and Further Reading
166

Aggregate Profile
29
Comparing the Fuller and White Courts
32
References and Further Reading
33
The Justices
35
Edward Douglass White 18451921
41
Joseph McKenna 18431926
46
Oliver Wendell Holmes Jr 18411935
51
William Rufus Day 18491923
56
Charles Evans Hughes 18621948
60
Horace Harmon Lurton 18441914
67
Joseph Rucker Lamar 18571916
72
Willis Van Devanter 18591941
76
Mahlon Pitney 18581924
81
James Clark McReynolds 18621946
86
Louis Dembitz Brandeis 18561941
91
John Hessin Clarke 18571945
97
References and Further Reading
101
Major Decisions
107
The Antitrust Laws
109
The Relationship between Patents and Monopoly
117
The Interstate Commerce Act
121
Legacy and Impact
167
Development of the Rule of Reason
169
The Interstate Commerce Commission and the Regulation of Railroads
173
Organized Labor
175
State and Federal Police Power
177
Civil Rights
184
War Powers
187
Civil Liberties
190
Growth of Federal Power
194
Comparison to the Taft Court
197
References and Further Reading
198
Reference Materials
201
Key People Laws and Events
203
Documents
247
Chronology
259
Table of Cases
267
Glossary
275
Annotated Bibliography
289
Index
301
About the Author
311
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254 페이지 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
39 페이지 - But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.
64 페이지 - The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic,...
95 페이지 - If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.
55 페이지 - But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.
95 페이지 - Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty.
176 페이지 - That no restraining order or injunction shall be granted by any court of the United States ... in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property, or to a property right...
254 페이지 - We admit that in many places and in ordinary times the defendants, in saying all that was said in the circular, would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic.
116 페이지 - But we must adhere to the law and the law does not make mere size an offense or the existence of unexerted power an offense.
59 페이지 - In our view the necessary effect of this act is, by means of a prohibition against the movement in interstate commerce of ordinary commercial commodities, to regulate the hours of labor of children in factories and mines within the States, a purely state authority.

저자 정보 (2004)

Rebecca S. Shoemaker is a professor in the Department of History at Indiana State University, Terre Haute, IN.

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