LAD #30

The Supreme Court case Schenck v. United States determined that freedom of speech, guaranteed under the Bill of Rights, did not always exist in times of war. Charles Schenck, a member of the Socialist party, vehemently opposed the Conscription Act. This piece of legislation was drafted during the Great War in order to draft soldiers to serve overseas. Schenck was found distributing papers that urged readers to petition for a repeal of the act. When he was arrested, he was confident that he would be protected by the Bill of Rights. Unfortunately for Schenck, a unanimous Supreme Court determined that he was guilty of conspiracy against the Federal Government. In order to justify this decision, Justice Holmes explained that, because the country was at war, Schenck's actions could "create a clear and present danger." This essentially meant that in different circumstances, the same action could produce a danger for the Federal Government or the American people. By disrupting the conscription during the Great War, at a time when the Federal Government needed men to serve, Schenck was creating a danger.

LAD #29

 

 

After observing Lewis Hine's photographs documenting the labor of American children, reading novels like Oliver Twist that highlighted the plight of American children, and analyzing the 1900 census that revealed that two million children were part of America's work force, the Federal Government were prepared to intervene and protect its youngest constituents. The Keating-Owen bill was passed in 1916 to do this. This piece of legislation used the Federal Government's authority to regulate interstate commerce to dictate that no products could be sold that were made by workers under the age of fourteen. Materials extracted from mines by workers under the age of sixteen were also forbidden from being sold, as well as products made by children who worked for more than eight hours a day or at night. Unfortunately, the bill was declared unconstitutional by the Supreme Court. A Constitutional amendment would be needed before the Federal Government would have any real jurisdiction to restrict child labor. It would not be until 1941 that the Supreme Court reversed its decision and upheld the Fair Labor and Standards Act.

LAD #28

President Woodrow Wilson's First Inuagural Address outlined his goals for his presidency. In stating his intentions, he addressed the issues facing the country at the time of his inauguration and the efforts of the Progressives. Though he did recognize the successes of industrialization, he appeared more concerned with the human cost of industrialization, conservation of the nation's natural resources, and government corruption. He seemed thank the Progressives for their "efforts to rectify wrong" and promised to finish the work that they had started. According to Wilson, this was to become the destiny of the Democratic Party. He stated that the tariff, which worked hand-in-hand with the interests of bankers and trusts, would have to be removed and that industry would need to be restricted. The modernization of American agriculture would also be a priority. His speech centered around the idea of restoration. Old institutions could not simply be eradicated, but would need to be modified and reformed. In order to accomplish his goals, Wilson also believed that the government could not be partisan and would need to re-focus on the protection of its constituents rather than economic success.

LAD #27

 

Under President Woodrow Wilson's administration, the Clayton Anti-Trust Act was passed to limit the power of big business in America. This piece of legislation attempted to dissemble existing monopolies and prevent the formation of new ones. It prevented industrialists from selling their commodoties at different prices to different purchasers if this discrimination limited competition. This regulation was intended to prevent large businesses, which could afford to charge lower prices, from dramatically dropping the cost of their goods in order to elimate the competition of presented by smaller business. Often times, these large businesses would then raise their rates again after the smaller companies had been forced out of business. The act also stipulated that businesses could not offer their goods for discounted rates to other companies that promised not to engage in commerce with other businesses. It also defined unlawful mergers. Merges of companies would not be lawful if they severely limited competition and created a monopoly. Despite all of these regulations, the act does not come across as "anti-business." Big business were still given the authority to set their own prices and did not prevent them from choosing their own customers. The goal was not to restrict trade. Rather, the Federal Government wanted to reign in on monopolies.

LAD #26

Martin Luther King Jr.'s "I Have  Dream" speech highlighted the continued mistreatment of African Americans by the American society that existed in the 1950s and 1960s. He compares their struggle for equality to a fight that the nation as a whole was engaged in for freedom. In this way, the civil rights movement becomes a continuation of the American Revolution. According to King, the country will stand on its foundation of liberty and freternity only when all races are considered equal. He goes further, saying that the continued struggle for equality must be nonviolent. He urges African Americans to shed their own prejudices against white Americans and work with them to achieve their goal. King also said that the civil rights movement could not stop until absolute equality was reached. Throughout the speech, King appeared optimistic. In his eyes, racial equality was the tangible last step toward freedom in the United States.

LAD #25

The Dawes Severalty Act of 1887 established a plan to relocate thousands of Native Americans to reservations. The President, Glover Cleveland at the time, was given the power to appoint "special agents" to oversee the process. These "special agents" would be responsible for surveying land and delegating varying amounts of land to individual Native Americans. This would destroy the Native American practice of communal land ownership. Native Americans who were not already placed on reservations would also be entitled to land and this land would be given for free. However, the Federal Government still wished to have some jurisdiction over the land that was set aside for Native Americans, or at least the potential for future jurisdiction. As a result, the Dawes Act also allowed the Federal Government to buy back reservation land if the need arose. This land that was bought back could then be given to American settlers. The laws of the state or territory in which a reservation was established would also apply to the individuals settled on the reservation. Religious and educational institutions already established on land that was set aside to become a reservation would be able to continue their practice. The Dawes Act also declared that if there was a need for irrigation of the land that had been given to a group of Native Americans, and there often was such a need, the Federal Government could help. The assimilation of Native Americans into American society was encouraged and preferred; still, all Native Americans living on reservations were guarenteed equal protection under the law. Certain tribes were excluded from the treaty. The Dawes Act effectively served to undermine Native American interests in the United States and increased the Federal Government's control over their way of life.

LAD #24

 

 

In William Jennings Bryan's "Cross of Gold" speech, Bryan declared his support for bimetallism. He began by stating that a laborer was much a businssman as his employer. According to Bryan, the interests of the laborer, or common man, were just as important, if not more important, than those of the industrialist. This was because the prosperity of the country and the industrialists, represented by cities, depended on the success of the laborers. Because of this, the country did not only need the income tax, less powerful banks, and more transparency in government, but also greater representation of the common man in government. The issue of the gold standard was of particular importance to the country's working class and highlighted the deepening divide between the country's economic classes. The Republicans appeared to be representing the industrialists in regards to the issue, advocating for the gold standard. In their eyes, bimetallism could only be implemented when international agreement had been reached and if the wealthiest members of American society were propsering, their wealth would trickle down to members of lower classes. These ideas were intolerable to Bryan. Bimetallism, or the free coinage of silver at a ratio of sixteen to one with gold, would increase the amount of money in circulation and rescue farmers and workers from debt and poverty. This would make for a stronger foundation of the country and allow the country to excel as a whole. The Federal Government would also recieve money needed for carrying out reforms. Waiting for foreign powers to agree to bimetallism was simply un-American in Bryan's eyes. Instead, the United States should set the example for Europe and the rest of the world. The Democratic Party would rally around these ideas, endorsed by Bryan, and represent the working class on the issue of the gold standard.