English common law and equity combined in colonial law and later in state law.
Agreement among Pilgrims set up government. Pilgrims were Separatists from Church of England that had left England to come to Plymouth Colony in New England.
First American legislature started in Virginia.
He lived 1595 to 1652 and wrote about theocratic government by religious leaders.
They published the Fundamental Orders constitution. Thomas Hooker lived 1586 to 1647. John Haynes lived 1594 to 1654. Roger Ludlow lived 1590 to 1664. All were from England.
He lived 1578 to 1652. Puritans used his ideas in law codes.
He lived 1611 to 1677.
He lived 1652 to 1725, wrote about democracy, and resisted English tax collectors.
Molasses Act passed by English Parliament placed duties on rum and molasses in American colonies, but England did not enforce it.
Law passed by English Parliament allowed troop billeting in homes in American colonies.
He lived 1736 to 1799. In Maury case [1750], he successfully defended merchants against tobacco tax, which supported Anglican clergy. Virginia House of Burgesses had replaced tobacco tax with cash payment, but king vetoed payment. In 1765, he entered House of Burgesses and became leader. He said [1776], "Give me liberty or give me death." From 1789, he worked for Bill of Rights.
Benjamin Franklin suggested that colonies unite {Plan of Union} to fight American Indians.
He lived 1725 to 1783 and claimed that Americans were British citizens, that Parliament must conform to Constitution, and that taxation required representation. From 1761 to 1769, he led colonies until severe head injury. He tried to defend merchants from general search warrants {assistance, writ} {writ of assistance}.
Laws passed by English Parliament put customs duties on imports into American colonies.
First Continental Congress stated colony grievances against England, declared basic personal rights, and approved resolutions to alter commerce with England.
Congress met throughout Revolutionary War, printed worthless money, and borrowed heavily.
USA declared independence from Britain on July 2. Thomas Jefferson wrote Declaration, with Benjamin Franklin's help. John Hancock, Second Continental Congress president, signed his name in large letters.
Thomas Paine, Thomas Jefferson, James Madison, and Alexander Hamilton drafted Articles of Confederation, which Second Continental Congress adopted [1777]. Colonies ratified the Articles [1781]. States were sovereign. State legislatures selected and paid for delegates to Congress. In Congress, states had one vote each, and passing laws required nine votes. Federal government had no taxing power and no executive.
Madison lived 1751 to 1836. Hamilton lived 1755 to 1804. Jay lived 1745 to 1829. They wrote to gain support to ratify new Constitution.
First reservation created.
Maryland and Virginia discussed waterway rights and invited other states to send delegates to Annapolis. Five states came. Delegates called for constitutional convention in Philadelphia.
He lived 1745 to 1806 and proposed New Jersey Plan for constitution at Constitutional Convention, which was similar to Articles of Confederation, but senators and executives had life terms, like limited elected monarchy.
He lived 1753 to 1813 and proposed Virginia Plan for constitution at Constitutional Convention. Bicameral legislature has two parts. Executive or judiciary can veto state laws that violate Constitution.
Madison, Franklin, and Washington led Constitutional Convention. Washington presided. Madison wrote the mostly adopted Virginia Plan. Paterson wrote New Jersey Plan. Madison was chief Bill of Rights writer and supporter and wrote Virginia Resolution for states' rights. James Monroe was against Federalists.
He lived 1745 to 1807. First Congress required one Chief Justice and five Associate Justices for Supreme Court. Supreme Court was to try cases involving state relations, ambassadors, ministers, and consuls and to hear appeals from lower courts. President appointed judges, with Senate's consent. Judges had life terms. Only trial in Senate, needing two-thirds majority, can remove judge {impeachment, judge}. Judiciary Act also established fifteen District Courts and two Circuit Courts, which were higher than District Courts but lower than Supreme Court. He lived 1745 to 1807 and became USA Supreme Court Chief Justice [1796 to 1800] after John Jay resigned to run for Governor of New York. He resigned in 1800.
The states ratified Constitution, Delaware first.
He lived 1745 to 1829 and was first USA Supreme Court Chief Justice. He signed Jay's Treaty [1791] between USA and Britain over freedom of navigation, trade restrictions in West Indies, and evacuation of British Northwest forts, but it did not stop naval impressment. He resigned to run for Governor of New York [1791].
First Supreme Court favored strong central government and judicial review of legislation, which is not in Constitution.
Case allowed citizen of one state to sue another state in Supreme Court.
Act required federal agents to recapture runaway slaves. Northern states that had passed personal liberty laws did not enforce it.
He lived 1753 to 1824, had same ideas as Jefferson, and believed in farming communities with no aristocracy.
He lived 1755 to 1835, was at Constitutional Convention, defended Jay Treaty, went on X.Y.Z. mission to France [1797], entered Congress, became Secretary of State [1800], and was USA Supreme Court Chief Justice [1801 to 1820]. He increased Supreme Court power by insisting on its right to judge constitutionality of all laws. He allowed expansion of federal powers in opposition to states' rights. He did not like Thomas Jefferson or his ideas and interpreted federal government power broadly.
USA allowed bankruptcy.
USA allowed corporations.
USA reformed property and estate laws.
Act allowed Supreme Court to issue writs {mandamus} ordering officials to do legal acts.
In case of Marbury vs. Madison, Chief Justice John Marshall held that courts could not issue writs ordering officials to do legal acts, because it was unconstitutional. This was the first case in which USA Supreme Court ruled on law constitutionality. Dred Scott case was the next.
Number of judges on USA Supreme Court increased from six to seven.
Maryland gave vote to all male adults. New York and Massachusetts soon followed.
John Marshall, USA Supreme Court Chief Justice, declared a Georgia-legislature act unconstitutional. This was the first case in which USA Supreme Court ruled on state-law constitutionality.
He lived 1763 to 1847, was conservative Chancellor of New York State, and founded American equity system.
He lived 1782 to 1852, believed in Alexander Hamilton's ideas, was Whig, and argued Dartmouth College case about contracts and McCulloch vs. Maryland case about states' rights. He backed Compromise of 1850 to preserve union.
John Marshall, USA Supreme Court Chief Justice, declared New-Hampshire act that altered Dartmouth's charter unconstitutional, because it changed contract.
John Marshall, USA Supreme Court Chief Justice, declared Maryland had no right to tax notes of National-Bank Baltimore branch or to tax federal government parts. He asserted that Congress had right to establish National Bank [created 1791]. This decision curbed states' rights and limited state sovereignty.
Henry Clay promulgated act.
He lived 1797 to 1852 and believed in Alexander Hamilton's ideas. He favored strong central government, high tariffs for business protection, Bank of USA, Missouri Compromise, and Compromise of 1850.
Act established slave and free areas, admitted Missouri and Maine to union, allowed both slave and free states to enter Union, and opened Utah Territory and New Mexico Territory to slavery.
USA did not allow Europe to conquer or make colonies in Americas [1823]. Act prohibited foreign intervention in Americas [1826], but USA expanded into South America, causing resentment.
John Marshall, USA Supreme Court Chief Justice, established that the federal government had exclusive, not just concurrent, power to regulate interstate commerce and that states can only regulate interstate commerce under federal law.
John Marshall, USA Supreme Court Chief Justice, declared that Maryland not tax goods in state that held by importer just as received, because interstate commerce was under federal control.
New York State codified laws. Most states then adopted law codes.
He lived 1800 to 1872 and established war rules for USA Civil War.
Income taxes began in some states.
Cherokee and four other tribes had to move from east to Indian Territory in Oklahoma.
Supreme Court denied right of American natives to sue states or set up nations.
Congress ended imprisonment for debt.
Supreme Court allowed American natives to use their own law and land.
He lived 1782 to 1850 and believed in balanced powers and states' rights. In a tariff case {tariff of abominations}, he supported state right to declare federal law unconstitutional {nullification, Calhoun}. Vice-president and senator championed states' rights of veto and secession.
He lived 1779 to 1845 and wrote about bailments [1832], equity jurisprudence [1835 to 1836], equity pleadings [1838], agency [1839], partnership [1841], bills of exchange [1843], and promissory notes [1845].
He lived 1777 to 1864 and became USA Supreme Court Chief Justice [1836 to 1864].
Number of judges increased from seven to nine.
He lived 1807 to 1881 and developed Doe-Ray insanity tests. Insanity is a fact for juries to decide.
Judges of House of Lords allowed defense of insanity against responsibility for crime [1843]. Insanity is mental disease that causes defect of reason, which causes defendant either not to know act's nature and quality or to know what he was doing but not that it was wrong.
Admiralty Law changed to include all navigable water. Federal jurisdiction extended to all tidal waters.
Public interest laws regulating railroads, canals, and banks began.
Judicial terms shortened. People elected judges, rather than having appointed judges.
Women received more property rights.
States began to pay for public education and trained teachers in special schools.
Reformatories began for minors.
Third-party beneficiary had right to sue.
Law ended voting and office-holding restrictions based on religion or property.
Act allowed both slave and free states to enter Union. California became a free state, and Utah and New Mexico became territories.
Congress repealed Missouri Compromise, opening whole Louisiana Territory to slavery if territory voted for slavery. Texas, Indian Territory (Oklahoma), Missouri, Kentucky, Virginia, and all southern states were already slave states.
USA Supreme Court ruled that slaves were always slaves, unless bought out, that Scott was not a citizen, though he had lived free for several years, and that Missouri Compromise was unconstitutional. Ruling increased tension between north and south USA.
He lived 1841 to 1935. As USA Supreme Court Chief Justice [1902 to 1932], he emphasized human rights over property rights.
It entitled people to 160 acres of undeveloped land, to build homes. It replaced Premption Act [1941]. It ended, except in Alaska, with Federal Land Policy and Management Act [1976]. Alaska ended homesteading [1986].
Number of judges increased from nine to ten.
Amendment abolished slavery.
Act allowed South to organize itself, so North's military withdrew.
After Civil War, southern states prohibited intermarrying, required special labor contracts, apprenticed blacks under 18 without self-sufficient parents, imprisoned or apprenticed unemployed blacks over 18, and prohibited blacks from carrying firearms or knives.
Department helped freed slaves and war refugees.
All Negroes became citizens.
Number of judges decreased from ten to seven.
Laws placed military governments in Southern states. Congress had no southerners.
Act required President to obtain Senate's consent to remove officials appointed with Senate consent.
Number of judges increased from seven to nine.
He lived 1839 to 1897, was against laissez-faire, and favored taxing only real estate.
Act tried to end discrimination against blacks.
Baltimore & Ohio Railroad workers reacted to pay cuts that followed Panic of 1873. Then national railroad workers also struck. Pittsburgh and Chicago had rioting, and workers seized St. Louis and Toledo, until federal troops intervened.
First labor union in USA began.
Act ended right of Chinese to come to USA.
After Indian Removal Act [1930], Indian Intercourse Act [1934] established a territory. Cherokee, Chickasaw, Choctaw, Creek, and Seminole, the Five Civilized Tribes, of the South moved there along Trail of Tears and built Tulsa, Ardmore, Tahlequah, and Muskogee. Delaware, Cheyenne, and Apache also relocated there. Oklahoma Territory began [1890] in west Oklahoma. Indian Territory ended when Oklahoma became state [1907].
Supreme Court declared Civil Rights Act unconstitutional, because it was about social, rather than legal, rights.
Act based government service more on competency than patronage.
USA Supreme Court allowed black people to seek relief for hindrance of voting rights.
USA Supreme Court established right of blacks to vote in primary elections.
Act put American natives under legal protection and permanently gave families several hundred acres [increased in 1904].
Federal commission mediated labor-management disputes.
Lakota reservations delineated.
USA Supreme Court established right of blacks to vote in primary elections.
USA Supreme Court established right of blacks to vote in primary elections.
Women gained right to vote.
Old rule in common law was to enjoin combinations that restrained trade. Court injunctions stopped picketing and boycotting.
States allowed citizens to gather signatures to put statutes directly before voters {initiative}|. Nebraska was the first locally, and South Carolina the first statewide.
States allowed citizens to gather signatures to allow voters to judge statute {referendum}|. Nebraska was the first locally, and South Carolina the first statewide.
Act guaranteed equal trading rights for all nations in China.
Common carriers became responsible for injuries to employees, even if there was no negligence.
Act expanded Interstate Commerce Commission (ICC) power.
Congress limited work hours of trainmen and telegraphers.
He lived 1870 to 1964 and was dean of Harvard Law School [1916 to 1936]. He wrote about patterns of living together of actual people. Law must determine between conflicting interests. Law is tool for social engineering.
Child labor laws were held unconstitutional, until 1950's.
By 1908, all states used secret ballot {Australian ballot}.
Act provided that Japan only issue emigration papers to USA-citizen relatives or to people who manage businesses.
Congress passed law for minimum wage for women in industry, but Supreme Court declared it unconstitutional.
USA Supreme Court, under Brandeis, said that law that prohibited women from working more than ten hours a day was constitutional.
Oregon and then other states allowed citizens to gather signatures to allow voters to remove official from office {recall from office}|.
Act expanded Interstate Commerce Commission (ICC) power.
All states had workmen's compensation laws by 1910.
He lived 1862 to 1948 and was USA Supreme Court Associate Justice [1910 to 1916 and 1930 to 1941].
It prepares workers for new and better jobs and protects workers. It includes Bureau of Labor Statistics.
Act limited railway workers to eight work hours a day.
He lived 1856 to 1941 and was liberal USA Supreme Court Associate Justice [1916 to 1941] concerned about social justice. Constitution allows experimentation. Justices need to use what public thinks its interest is, not just law or policy.
Act suppressed dissent.
Act required literacy test and set quotas.
Act suppressed dissent.
Amendment prohibited alcohol sale, starting Prohibition. Organized crime started to make and sell alcohol. Democratic Party split over issue.
Amendment gave women right to vote. Some women voted in England in 1918, and all in 1939. Women voted in France in 1946.
Act was against monopolies.
Act protected injured workers.
Act exempted labor from anti-trust law. Senator LaFollette wrote it.
USA Supreme Court allowed injunctions against unions.
Act required literacy test and set quotas.
Act gave federal aid for childbirth care.
USA Supreme Court allowed injunctions against unions.
Native Americans became citizens.
Act revised immigration quotas.
He lived 1857 to 1938 and defended at Leopold-Loeb trial [1924], Scopes "monkey trial" [1925], and Massie trial [1934].
He lived 1872 to 1961.
Trial prosecuted teaching evolution in schools. Clarence Darrow defended Scopes. William Jennings Bryan helped prosecute.
He lived 1870 to 1938 and was Supreme Court Associate Justice [1932 to 1938].
Act reformed banking. Gold standard ended.
Housing Corporation helped build houses.
Act set up aid to unemployed and purchased surpluses.
Act formed industry trade associations, to establish fair-trade laws. It set up collective bargaining, minimum wage, maximum hours, and import controls. Supreme Court declared it unconstitutional.
Act prohibited injunctions against unions.
Department was for dams and other projects.
Department was for rural housing.
Act granted retirement and disability benefits.
Act created Civilian Conservation Corps.
Act compelled collective bargaining, stopped employer tampering with union, and formed Labor Relations Board. It allowed labor leaders to talk to workers but not employers. It did not put controls on entrenched union leadership and did not require public incorporation or accounting.
Agency employed construction workers to build public buildings and bridges.
Act established price supports for food products and paid for reducing supplies. Supreme Court declared it unconstitutional [1935].
Agency did outdoor work in camps by employing young men, who had to send money home to their families.
All tribes became self-governing.
Act created Securities and Exchange Commission and required information disclosure. Sarbanes-Oxley Act [2002] added to it.
Men kidnapped Charles Lindbergh's son and killed him, leading to federal laws against kidnapping.
Act set wage and hours controls for government contract work.
He lived 1886 to 1971 and was USA Supreme Court Associate Justice [1937 to 1971].
It revised the 1906 Food and Drugs Act. Food and Drug Administration Modernization Act [1997] updates law.
He lived 1882 to 1965 and was USA Supreme Court Associate Justice [1939 to 1962].
Act lent and leased equipment to Allies.
Act gave USA sovereignty over continental shelf and fisheries.
Act replaced Wagner Act labor laws.
Herbert Hoover headed commission to study executive branch.
Act established uniform laws for dealing with government agencies.
Arbitration laws began.
Law allowed suit settlement by giving facts {declamatory judgment} but making no final judgment.
Minors began to have special courts.
Small claims courts began.
He lived 1882 to 1967.
Richard Nixon spoke about involvement in the Alger Hiss case against Whittaker Chambers, because he investigated Communists.
He lived 1891 to 1974 and was USA Supreme Court Chief Justice [1953 to 1969]. USA Supreme Court ended legal segregation, forced one man-one vote legislatures, and defended rights of accused people.
Act is business law in all states, except for Louisiana.
Act discontinued segregation.
Act is Title II of Civil Rights Act of 1968. USA has more than 550 Native-American nations.
Code of Professional Responsibility requires lawyers to keep all conversations between lawyer and client confidential and has other duties.
He lived 1907 to 1995 and was USA Supreme Court Chief Justice [1969 to 1986].
He lived 1924 to 2005 and was USA Supreme Court Justice [1972 to 1986] and Chief Justice [1986 to 2005].
Lawyers in USA number 350,000, with two-thirds in private practice.
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Date Modified: 2022.0225