According to William E. Leuchtenburg, along with other successors, West Coast Hotel v. Parrish was the case that constituted a constitutional revolution. Leuchtenburg gives evidence of the main arguments of his opinion concerning the shift in the Court during this particular case as well as others that came after it. The significance of this case was that it upheld the “minimum wage” legislation passed by Washington State even though there was the uprising issue of “liberty of contract.” The presented case of West Coast Hotel v. Parrish provoked a constitutional revolution in the United States (Leuchtenburg, pg. 163). This case was not an open-and-shut case and encountered much opposition especially from the review of Tipaldo. As a result, it overturned the decision made by the trial court, which was based on the case, Adkins v. Children’s Hospital (Leuchtenburg, pg. 164). Although a portion of Leuchtenburg’s evidence supporting his opinion on which case constituted a constitutional revolution involved the shift in the Court’s decision-making, the question of the reason for the shift in the Court begs to be explained. At the time, during the case of West Coast v. Parrish, the court seemed to be in sorts fueled by politics. The Justices were concerned with the consequences that could very well up rise from their reluctance to approve the standard legislation. In other words, they may have shifted their votes in hopes of saving the traditional foundation. Justice Roberts’ voting decisions would then need to be closely examined seeing that he supported the liberal side in 1934 concerning the case of Nebbia v. New York, supported the conservative side in 1935-1936 concerning the Rail Pension and Tipaldo, and then returned to suppor... ... middle of paper ... ...urg touches on what he believes to be a “constitutional revolution” but I disagree with his interpretation. On the other hand, it seems to me that Leuchtenburg is claiming that the constitutional revolution happened in a very short period of time under the direction of Roosevelt. This leads me to believe that there was a large amount of pressure put on the Justices from Roosevelt seeing that they came to so many decisions and overturned past decisions in such a short amount of time. I believe that Leuchtenburg’s proceeding case, West Coast Hotel v. Parrish, does not hold precedent in being constituted as a constitutional revolution because of the external influences that were so prevalent during the decision making. Decisions that are surrounded by political forces and persuasion do not count towards being revolutionary when they did not come about by themselves.
...his seemingly routine case of fornication and premarital pregnancy proved to be significant for early American legal history. The unfolding of this story and the legal changes that it brought about makes evident that by the end of the seventeenth century, The Eastern Shore had shaped a distinct legal culture. The characters involved in each case also revealed the extent the powerful players were able to shape the law to their own self-interests. The goal of the powers to be was to protect property interests, protect personal reputation and liberty, and to maintain social order.
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
Gordon Wood gives an interesting insight into the Revolution. Overall, I find Wood’s argument to be persuasive and refreshing. There is little doubt that the forces that Wood proclaims as significant in his history of the Revolution are important. However, it is this same concentration on non-traditional forces that leads to my criticism of his book.
Throughout the American Revolution, the colonists were completely resentful towards their British 'king'. They yearned for their own government, and to finally set themselves apart from George III's rule and his legislation. When the Articles of Confederation were mandated, the expectation was to provide the colonies with a stable government. The Articles were then replaced by the Constitution, which had corresponding values. Essentially the document was written to salvage and improve the new government. The Constitution did many positive things for the nation, and was the perfect remedy for the failures of of the Articles. However, it is manifest that the authors of the document were not as honorable as they may have been assumed to be. How they drafted the document and the bias they have put into it is still greatly effects us. The Constitution is a counter-revolution because it contradicts the fails of the Articles, and is evident that some authors had more self-beneficial and narrow mindsets.
In 1789, the Confederation of the United States, faced with the very real threat of dissolution, found a renewed future with the ratification of the Constitution of the United States. This document created a structure upon which the citizens could build a future free of the unwanted pitfalls and hazards of tyrannies, dictatorship, or monarchies, while securing the best possible prospects for a good life. However, before the establishment of the new United States government, there was a period of dissent over the need for a strong centralized government. Furthermore, there was some belief that the new constitution failed to provide adequate protection for small businessmen and farmers and even less clear protection for fundamental human rights.
“If we measure the radicalism of revolutions by the degree of social misery or economic deprivation suffered, or by the number of people killed or manor houses burned, then this conventional emphasis on the conservatism of the American Revolution becomes true enough. B...
Despite the downfall of the Federalist Party in the early nineteenth century, John Marshall continued to exert a strong Federalist influence on the government, which acted as a catalyst to ignite political controversy. In the McCullough vs. Maryland trial of 1819, Marshall deemed Maryland taxing the second bank of the United States as being unconstitutional, which gave even more power to the central government. (Doc D) Majority of the American population was against his ruling and refuted it because many people believed that having a strong central government was bad because if a bad decision was made, it would have affected the entire union, whereas if there was a strong state government, a bad decision would have just hurt the state. However, this was not the only time where the economy had failed in the early 1800’s. In 1816, John Randolph addressed congress and stated that it was unjust to tax the poo...
Gitlow vs. New York is a case that influences the integrity of U.S legislative system importantly. In the 1925s, Benjamin Gitlow, a left wing socialist, published speeches of anti-government to advocate a new better communist government. His action caused the charge as unpopular and dangerous speech for the whole society from the New York state government, and his behavior became a court case. According to the website thefreedictionary.com, that “The opinions expressed in” “The Revolutionary Age” and “The Left Wing Manifesto” “formed the bases for the defendant's convictions under Sections 160 and 161 of the penal law of New York, which were the criminal anarchy statutes” (n.p). “The Revolutionary Age” and “The Left Wing Manifesto” ar...
Gunther, G. (1991). Constitutional Law. Twelfth Edition. New York: The Foundation Press, Inc. pp. 1154-1161.
Palmer, Elizabeth A. "The Court and Public Opinion." CQ Weekly 2 Dec. 2000. CQ Weekly. SAGE Publications. Web. 1 Mar. 2000. .
The United States Constitution has received much criticism, both before and after its ratification in 1789. A wide array of thinkers from across the ages of the republic have offered criticisms about the nature, scope, and even fine details of the Constitution, sometimes providing solutions they think better themselves. Truly, however, two major schools of criticisms arise: those condemning the implications of having a document like the Constitution supreme over the nation, and those condemning specific parts and clauses of the document itself. Both criticisms based on the view that the Constitution is pro-slavery and those arguing against the nationalist nature of the document are unfounded.
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...