6-Law-History-American Law

colonial law

English common law and equity combined in colonial law and later in state law.

Mayflower Compact

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.

House of Burgesses

First American legislature started in Virginia.

Cotton J

He lived 1595 to 1652 and wrote about theocratic government by religious leaders.

Hooker Haynes Ludlow

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.

Ward N

He lived 1578 to 1652. Puritans used his ideas in law codes.

Harrington J

He lived 1611 to 1677.

Wise J

He lived 1652 to 1725, wrote about democracy, and resisted English tax collectors.

Molasses Act

Molasses Act passed by English Parliament placed duties on rum and molasses in American colonies, but England did not enforce it.

Billeting law

Law passed by English Parliament allowed troop billeting in homes in American colonies.

Henry P

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.

Albany Congress

Benjamin Franklin suggested that colonies unite {Plan of Union} to fight American Indians.

Otis Ja

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}.

Townshend Acts

Laws passed by English Parliament put customs duties on imports into American colonies.

First Continental Congress

First Continental Congress stated colony grievances against England, declared basic personal rights, and approved resolutions to alter commerce with England.

Second Continental Congress

Congress met throughout Revolutionary War, printed worthless money, and borrowed heavily.

Independence Declaration

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.

Articles of Confederation

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 Hamilton Jay

Madison lived 1751 to 1836. Hamilton lived 1755 to 1804. Jay lived 1745 to 1829. They wrote to gain support to ratify new Constitution.

Indian Reservation

First reservation created.

Annapolis conference

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.

Patterson W

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.

Randolph E

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.

Constitutional Convention

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.

Ellsworth O

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.

USA Constitution

The states ratified Constitution, Delaware first.

Jay J

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].

Supreme Court 1

First Supreme Court favored strong central government and judicial review of legislation, which is not in Constitution.

Chisholm Georgia

Case allowed citizen of one state to sue another state in Supreme Court.

Fugitive Slave Act

Act required federal agents to recapture runaway slaves. Northern states that had passed personal liberty laws did not enforce it.

Taylor Jo

He lived 1753 to 1824, had same ideas as Jefferson, and believed in farming communities with no aristocracy.

Marshall Jo

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.

bankruptcy USA

USA allowed bankruptcy.

corporation began

USA allowed corporations.

property law USA 1

USA reformed property and estate laws.

mandamus

Act allowed Supreme Court to issue writs {mandamus} ordering officials to do legal acts.

Marbury Madison

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.

Supreme Court 2

Number of judges on USA Supreme Court increased from six to seven.

voting law 1

Maryland gave vote to all male adults. New York and Massachusetts soon followed.

Fletcher Peck

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.

Kent J

He lived 1763 to 1847, was conservative Chancellor of New York State, and founded American equity system.

Webster D

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.

Dartmouth Woodward

John Marshall, USA Supreme Court Chief Justice, declared New-Hampshire act that altered Dartmouth's charter unconstitutional, because it changed contract.

McCulloch Maryland

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.

Pan-Americanism

Henry Clay promulgated act.

Clay H

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.

Missouri Compromise

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.

Monroe Doctrine

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.

Gibbons Ogden

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.

Brown Maryland

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 code

New York State codified laws. Most states then adopted law codes.

Leiber F

He lived 1800 to 1872 and established war rules for USA Civil War.

income tax began

Income taxes began in some states.

Indian Removal Act

Cherokee and four other tribes had to move from east to Indian Territory in Oklahoma.

Cherokee Georgia

Supreme Court denied right of American natives to sue states or set up nations.

debt

Congress ended imprisonment for debt.

Worchester Georgia

Supreme Court allowed American natives to use their own law and land.

Calhoun J

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.

Story J

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].

Taney R

He lived 1777 to 1864 and became USA Supreme Court Chief Justice [1836 to 1864].

Supreme Court 3

Number of judges increased from seven to nine.

Ray I

He lived 1807 to 1881 and developed Doe-Ray insanity tests. Insanity is a fact for juries to decide.

M'Naghten Rules

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

Admiralty Law changed to include all navigable water. Federal jurisdiction extended to all tidal waters.

commerce

Public interest laws regulating railroads, canals, and banks began.

judges

Judicial terms shortened. People elected judges, rather than having appointed judges.

property law USA 2

Women received more property rights.

normal school began

States began to pay for public education and trained teachers in special schools.

reformatories

Reformatories began for minors.

right to sue

Third-party beneficiary had right to sue.

voting law 2

Law ended voting and office-holding restrictions based on religion or property.

Compromise of 1850

Act allowed both slave and free states to enter Union. California became a free state, and Utah and New Mexico became territories.

Kansas-Nebraska Act

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.

Dred Scott case

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.

Holmes Jr. O

He lived 1841 to 1935. As USA Supreme Court Chief Justice [1902 to 1932], he emphasized human rights over property rights.

Homestead Act

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].

Supreme Court 4

Number of judges increased from nine to ten.

13th Amendment law

Amendment abolished slavery.

Amnesty Proclamation

Act allowed South to organize itself, so North's military withdrew.

Black Codes

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.

Freedman's Bureau

Department helped freed slaves and war refugees.

Civil Rights Act 1

All Negroes became citizens.

Supreme Court 5

Number of judges decreased from ten to seven.

Reconstruction Acts

Laws placed military governments in Southern states. Congress had no southerners.

Tour of Office Act

Act required President to obtain Senate's consent to remove officials appointed with Senate consent.

Supreme Court 6

Number of judges increased from seven to nine.

George H

He lived 1839 to 1897, was against laissez-faire, and favored taxing only real estate.

Civil Rights Act 2

Act tried to end discrimination against blacks.

railway workers strike

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.

Knights of Labor

First labor union in USA began.

Chinese Exclusion Act

Act ended right of Chinese to come to USA.

Indian Territory began

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].

Civil Rights case

Supreme Court declared Civil Rights Act unconstitutional, because it was about social, rather than legal, rights.

Civil Service Act

Act based government service more on competency than patronage.

Ex Parte Yarborough case

USA Supreme Court allowed black people to seek relief for hindrance of voting rights.

Texas White Primary Case

USA Supreme Court established right of blacks to vote in primary elections.

Dawes Allotment Act

Act put American natives under legal protection and permanently gave families several hundred acres [increased in 1904].

labor-management

Federal commission mediated labor-management disputes.

Sioux Act

Lakota reservations delineated.

Classic U.S.

USA Supreme Court established right of blacks to vote in primary elections.

Smith Allwright

USA Supreme Court established right of blacks to vote in primary elections.

voting law 3

Women gained right to vote.

union and law

Old rule in common law was to enjoin combinations that restrained trade. Court injunctions stopped picketing and boycotting.

initiative

States allowed citizens to gather signatures to put statutes directly before voters {initiative}|. Nebraska was the first locally, and South Carolina the first statewide.

referendum

States allowed citizens to gather signatures to allow voters to judge statute {referendum}|. Nebraska was the first locally, and South Carolina the first statewide.

Open Door Policy

Act guaranteed equal trading rights for all nations in China.

common carrier law

Common carriers became responsible for injuries to employees, even if there was no negligence.

Hepburn Act

Act expanded Interstate Commerce Commission (ICC) power.

railway workers law

Congress limited work hours of trainmen and telegraphers.

Pound R

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

Child labor laws were held unconstitutional, until 1950's.

Australian ballot

By 1908, all states used secret ballot {Australian ballot}.

Gentleman's Agreement act

Act provided that Japan only issue emigration papers to USA-citizen relatives or to people who manage businesses.

minimum wage law

Congress passed law for minimum wage for women in industry, but Supreme Court declared it unconstitutional.

Muller Oregon

USA Supreme Court, under Brandeis, said that law that prohibited women from working more than ten hours a day was constitutional.

recall from office

Oregon and then other states allowed citizens to gather signatures to allow voters to remove official from office {recall from office}|.

Mann-Elkins Act

Act expanded Interstate Commerce Commission (ICC) power.

workmen's compensation law

All states had workmen's compensation laws by 1910.

Hughes C

He lived 1862 to 1948 and was USA Supreme Court Associate Justice [1910 to 1916 and 1930 to 1941].

Department of Labor

It prepares workers for new and better jobs and protects workers. It includes Bureau of Labor Statistics.

Adamson Act

Act limited railway workers to eight work hours a day.

Brandeis L

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.

Espionage Act

Act suppressed dissent.

Immigration Law 1

Act required literacy test and set quotas.

Sedition Act

Act suppressed dissent.

16th Amendment law

Amendment prohibited alcohol sale, starting Prohibition. Organized crime started to make and sell alcohol. Democratic Party split over issue.

18th Amendment law

Amendment gave women right to vote. Some women voted in England in 1918, and all in 1939. Women voted in France in 1946.

Clayton Anti-Trust Act

Act was against monopolies.

Industrial Rehabilitation

Act protected injured workers.

Seamen's Act

Act exempted labor from anti-trust law. Senator LaFollette wrote it.

Duplex Printing-Deering

USA Supreme Court allowed injunctions against unions.

Immigration Law 2

Act required literacy test and set quotas.

Sheppard-Tower Act

Act gave federal aid for childbirth care.

Truax Corrigan

USA Supreme Court allowed injunctions against unions.

Act of Congress

Native Americans became citizens.

Immigration Act

Act revised immigration quotas.

Darrow C

He lived 1857 to 1938 and defended at Leopold-Loeb trial [1924], Scopes "monkey trial" [1925], and Massie trial [1934].

Learned Hand

He lived 1872 to 1961.

Scopes Trial

Trial prosecuted teaching evolution in schools. Clarence Darrow defended Scopes. William Jennings Bryan helped prosecute.

Cardozo B

He lived 1870 to 1938 and was Supreme Court Associate Justice [1932 to 1938].

Banking Act

Act reformed banking. Gold standard ended.

Emergency Housing Division

Housing Corporation helped build houses.

Emergency Relief Act

Act set up aid to unemployed and purchased surpluses.

National Industrial Recovery

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.

Norris-LaGuardia Act

Act prohibited injunctions against unions.

Public Works Admin

Department was for dams and other projects.

Resettlement Admin

Department was for rural housing.

Social Security Act

Act granted retirement and disability benefits.

Unemployment Relief Act

Act created Civilian Conservation Corps.

Wagner Act

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.

Civil Works Administration

Agency employed construction workers to build public buildings and bridges.

Agricultural Adjustment

Act established price supports for food products and paid for reducing supplies. Supreme Court declared it unconstitutional [1935].

Civilian Conservation

Agency did outdoor work in camps by employing young men, who had to send money home to their families.

Indian Reorganization Act

All tribes became self-governing.

Securities and Exchange

Act created Securities and Exchange Commission and required information disclosure. Sarbanes-Oxley Act [2002] added to it.

kidnapping

Men kidnapped Charles Lindbergh's son and killed him, leading to federal laws against kidnapping.

Walsh-Healy Contracts

Act set wage and hours controls for government contract work.

Black H

He lived 1886 to 1971 and was USA Supreme Court Associate Justice [1937 to 1971].

Food Drug Cosmetic Act

It revised the 1906 Food and Drugs Act. Food and Drug Administration Modernization Act [1997] updates law.

Frankfurter F

He lived 1882 to 1965 and was USA Supreme Court Associate Justice [1939 to 1962].

Lend-Lease Act

Act lent and leased equipment to Allies.

Truman Proclamation

Act gave USA sovereignty over continental shelf and fisheries.

Taft-Hartley Act

Act replaced Wagner Act labor laws.

Hoover Commission

Herbert Hoover headed commission to study executive branch.

Administrative Procedures

Act established uniform laws for dealing with government agencies.

arbitration law began

Arbitration laws began.

declamatory judgment

Law allowed suit settlement by giving facts {declamatory judgment} but making no final judgment.

minors

Minors began to have special courts.

small claims USA

Small claims courts began.

Clark Gre

He lived 1882 to 1967.

Checkers Speech

Richard Nixon spoke about involvement in the Alger Hiss case against Whittaker Chambers, because he investigated Communists.

Warren E

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.

Uniform Commercial Code

Act is business law in all states, except for Louisiana.

Civil Rights Act 3

Act discontinued segregation.

American Indian Rights

Act is Title II of Civil Rights Act of 1968. USA has more than 550 Native-American nations.

Code of Professional Responsibility

Code of Professional Responsibility requires lawyers to keep all conversations between lawyer and client confidential and has other duties.

Burger W

He lived 1907 to 1995 and was USA Supreme Court Chief Justice [1969 to 1986].

Rehnquist W

He lived 1924 to 2005 and was USA Supreme Court Justice [1972 to 1986] and Chief Justice [1986 to 2005].

American lawyers

Lawyers in USA number 350,000, with two-thirds in private practice.

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