Friedman Module 7 Review: The 20th Century

These flashcards provide definitions and explanations of key concepts related to U.S. history and law as covered in the Friedman Module 7 lecture.

Insular Cases

Supreme Court cases determining that the Constitution does not apply to U.S. territories.

Puerto Rico Status

A U.S. territory not treated as a colony or a state, with U.S. passports but no voting rights.

Federal Power

The extensive spending and influence of federal government in the 20th century.

Hammer v. Dagenhart (1918)

A Supreme Court case that declared a law restricting child labor and related commerce unconstitutional.

Desegregation

The process of ending the separation of races, particularly in schools, as mandated by Brown v. Board.

Civil Rights Act of 1964

Legislation that prohibited discrimination based on race, color, religion, sex, or national origin.

Schenck v. US (1919)

A Supreme Court case that upheld the conviction for promoting disobedience during wartime under the 'clear and present danger' test.

Separation of Church and State

The principle that government must maintain an impartial stance on religion, as outlined in the 1st Amendment.

Localism

The tendency for individuals to lack awareness of local government and representatives while being informed about national leaders.

Affirmative Action

Policies that take race into account to promote diversity in education and employment, notably addressed in the Bakke Case.

New Colonies – Government (643)

Constitution does not apply to colonies (islands) – SCOTUS Insular Cases o Alaska: from Russia, Hawaii: Queen overthrown, Philippines & Puerto Rico: gained in Span. Am. War

. U.S. as a World Power (645)

U.S. emerged as a world power after both World War I and II

State vs. Nation – Power

States have their own legal systems that enforce thousands of rules that effect a citizen’s daily life. States run education, universities, bars, and welfare systems. State law is “rigorous and essential.”

Federal Power

Crazy large federal budget and spending – the presidency is a strong, powerful position even with weak presidents

State vs. Nation – Economy and Law

Fed. Govt. was much stronger than states when trying to prohibit alcohol and drugs. Nation is a domestic free-trade area – State lines do not stop the flow of trade, people, business, or ideas. o States compete with each other, using laws as weapons. Legalize what is illegal in a different state (gambling, marriages and divorces.) Northern states needed federal assistance to stop increasing child labor causes of death.

Industrial Revolution

It created wealth, and these problems were too big for some small states. o The dependence on strangers of business→needed legal system intervention.

Transportation and Communication (652)

1900: telephone, telegraph, continental train→automotive society, commercial flying, television, high speed internet o Mass-production of stores and goods (chain stores vs small merchants)

Growth of Federal Government

Concrete demands from interest groups that want govt response; this lays the foundation for bog, modern, bureaucratic governments

16th Amendment

Congress “shall have power to lay and collect taxes on incomes, from whatever source derived.” (1913) Same year: income tax law. Rates start modestly and affected rare, rich families of the nation.

Presidential Power

o “Everybody checks and balances and vetoes everybody else.”

Metropolitan Ares

Rural Americans moved to metropolitan areas: consisting of central cities, new suburbs, towns that resist influx of poverty/minorities

Centralization

Federal intervention=funding for local interests and power groups. Local govt. call for federal govt. but just want the money with their own general limits & controls.

Commerce Clause and Federal Power

Congress can regulate interstate commerce & anything that affects it: with this jurisdiction, Congress reaches i. human prostitution and trafficking (The Mann Act of 1910) ii. personal production of organics over legal limit, even if it is for personal consumption. (Wickard v. Filburn 1942) iii. desegregation of businesses such as Ollie’s BBQ

Commerce Clause and Interstate Commerce

The commerce clause focuses on the impact on economy, which leaves little beyond Congress control. Congress shut down the “Gun-Free School Zones Act” (1990) because of interstate commerce.

Localism and U.S. Politics

Refers to the ignorance of the individual to their local representatives/government leaders but will know who the president is.

Informed Consent

Doctrine (1950s) malpractice if a doctor fails to tell their patient about risks & dangers in medicine and procedures. Failure results doctor being liable if something goes wrong.

Tort System

No other country uses the tort system/private lawsuits as often. America “relies on tort cases to do work and carry out policies that have a more central, comprehensive solution in other countries.”

Urban Legends

Created to incite fear and anger over ridiculous tort claims.

State Constitutions and Amendments

In 20th century, there was less state constitution making, and way more amending.

Quotas – 1920s

o Immigration Law of 1924: system of quotas based on a population census from 1890, “the high point of the immigration flood.” Did not target those from the Western Hemisphere, though. (Exception for limiting Mexicans.)

African Americans (AA) and Voting

15th amendment gave AA suffrage, but Southern whites used methods like literacy tests and the “grandfather clause” (struck down in 1915) to prevent AA voting. o In 1910, South was political one-party, one-race region. o Result: No AA representation in bodies of local govt. and grossly unfair criminal justice proceedings. (Lynch mobs with no consequence)

NAACP

National Association for the Advancement of Colored People (1909) turned to federal litigation because state and local bodies were too hostile for reform

Sweatt v. Painter

AA mail carrier wanted to attend law school. UT Law quickly created separate, shitty school for AAs. Supreme Court said that was not in any sense “equal.”

McLaurin v. Oklahoma

AA wanted a doctorate in education. Federal court had him admitted, but he was segregated in all facilities.

Shelley v. Kraemer

Covenants (clauses in real estate deeds) made landowners promise to not sell or rent to non-Caucasians, which was common for suburbs.

Brown v. Board

1954 – SCOTUS: 14th amendment means segregation is unequal, unlawful, and illegal. Dual school system must be abolished. The remedy, however, was left to local school districts to handle. White south was furious, dismayed, and violent. Ended formal segregation in border states, and resistance arose in the civil rights movement.

. Civil Rights Movement

Civil Rights Law of 1964 in Title VII – banned discrimination in education, housing, public accommodations, & hiring and firing. This law established the Equal Employment Opportunity Commission, making rules and regulations to turn principle into working reality. Opened many doors for AA representation in govt. and employment.

New York Times v. Sullivan

Advertisement to raise money for civil rights movement contained untrue misstatements of situation in Alabama

Bakke Case (1978)

Matter of affirmative action / reverse discrimination. o White student rejected from California medical school, which set aside 16 positions for minorities who had lower scores. Won by 5-4 SCOTUS decision: quotas are unacceptable, but schools can take race into account to promote diversity.

Indian Reorganization Act of 1934 (

Allowed Native peoples to draw up constitutions and tribal codes of law – an important step towards autonomy.

Native American Culture

19th century, natives were defeated militarily, robbed of their land, and relegated to reservations by Bureau of Indian Affairs and Dawes Act (1887). Among poorest of the poor, especially in Depression. John Collier was a leader and rep. for the culture, denouncing assimilation. But still, plural equality was too late to save the dying heritage and language of the Natives original cultures, which is practically extinct now

Asian Americans and Law

Chinese immigrants were hated, vilified, and excluded by 19th century law with naturalization and immigration. They found loopholes and evaded these “by hook or crook.” Japanese immigrants were sent to internment camps after WWII. Racist immigration laws were kicked in 1960s, so these ethnicities have been able to flourish economically.

. Hispanics and Law

Hispanics fled their countries due to issues with poverty, overpopulation, violence, and gang warfare. They were met with discrimination and hostility similar to Aas, but a major difference was the difference in language.

U.S. – Mexico Border

“In 1906, there were about 75 immigration inspectors, on horseback, and the border was ‘less an international barrier than a string of border cities and towns that were socially and economically paired.” Hispanics both back and forth between the border.

Porvenir Massacre

“In 1918, a company of Texas Rangers and local ranchmen slaughtered 15 men and boys in this town. The only excuse was a dubious claim that the town harbored bandits. Reflects early violence against Mexican Americans.

Otherness and Civil Rights

Students, prisoners, gays and sexual minorities, old folks, disabled (Americans with Disabilities Act 1990 for ramps and braille)

Civil Rights Act of 1964

Primarily a war on race discrimination, but also prohibited sex discrimination.

Schenck v. US (1919)

Case convicted a socialist distributing flyers denouncing the draft & war in Europe.

Anti-Communism and Cold War

After WWI, “Red Scare.” States passed vague criminal syndicalism aimed at sabotage or violent ways of changing economic system

Free Speech and Censorship

Codes to enforce moral, educational, humorous, and harmless productions in movie theaters. No dirty words or ideas. After Burstyn v. Wilson (1952), courts “made it clear that any form of censorship was a violation of the right of freedom and speech. Movies and plays are free.

Religion and Law

19th and early 20th centuries, public education was surrounded with religious ideas. Prayers, bible reading

Range of Religions in US

U.S. is crazy religiously diverse. (entanglement of religion and education in the South, not allowed in the West.) Strong regional differences of every possible denomination.

Separation of Church and State

Church and State are constitutionally separate in the U.S. 1 st amendment is barred from passing laws “respecting an establishment of religion” or “prohibiting the free exercise of religion.”