![]() Schenck and Baer’s opinions were legitimate free speech. Hence, nobody had an obligation to obey the conscription laws. Schenck and Baer alleged the draft was slavery and unconstitutional. To elaborate, the 13th Amendment bans slavery. Their crime was to distribute pamphlets that alleged the World War I draft was unconstitutional under the 13th Amendment. President Woodrow Wilson’s (D-New Jersey) administration charged Charles Schenck and Elizabeth Baer of violating the Espionage Act. Instead, it regulated speech during World War I. The Espionage Act of 1917 had nothing to do with spying. United States the Court upheld a federal law called The Espionage Act of 1917. In Schenck, the Supremes ruled it was Constitutional for the federal government to imprison a US Citizen for exercising his First Amendment right to free speech by expressing a legitimate political opinion. Schenck is probably the worst US Supreme Court decision you have never heard of. It was not until the New Deal of the 1930s, that the 40-hour week became the law of the land. New York set labor law back decades by making it illegal for states to regulate work conditions. Lochner claimed the 14th Amendment gave him a right to contract with employees the state could not interfere with.įive of the nine justices agreed with Lochner and invalidated the law. Lochner’s attorneys claimed New York State violated the 14th Amendment by fining him for having bakers work over 60 hours a week. Lawyers for Plessy, who was black, and the railroads claimed the Separate Car Act violated the 14th Amendment, which gave African Americans citizenship. The Act required railroads to maintain separate cars for black and white passengers on all trains. In the case, Homer Plessy sued the State of Louisiana to stop enforcement of the Separate Car Act. Plessy was the worst of several cases that provided a legal basis for Jim Crow Segregation. On 12 April 1861, Confederate artillerymen began the Civil War by firing on the Union Army base at Fort Sumter, South Carolina. Tellingly, the Supreme Court delivered the Scott decision on 6 March 1857. The Republican victory led to succession, the formation of the Confederacy, and the outbreak of Civil War. Less than three years after Scott, voters elected Lincoln president and gave Republicans majorities in both houses of Congress. One result of Dred Scott was to drive many moderate northerners and westerners into the anti-slavery Republican Party. See US Senator Sheldon Whitehouse’s (D-Rhode Island) recent rants on The Al Franken Podcast for a good example of the Federalist Society conspiracy theory. Lincoln’s views echo modern conspiracy theories about the Federalist Society and Republican court packing efforts. Some Dred Scott critics, including Abraham Lincoln, though the decision was part of a larger plot to expand slavery throughout the Union. Taney’s opinion angered many Americans because it implied laws banning slavery in Northern and Western states were unconstitutional. Taney concluded the Fifth Amendment gave Americans “right to own slaves” in his Dred Scott opinion. In addition, the Court ruled that both the Northwest Ordinance and the Compromise of 1820 were unconstitutional. Sandford, the US Supreme Court ruled Scott was not eligible for citizenship because he was a negro (of African descent) and a descendant of slaves. In addition, they claimed the Northwest Ordinance banned slavery in Illinois and other states north of the of Ohio River and east of the Mississippi. To elaborate, Scott’s attorneys maintained their client was free because the Compromise of 1820 forbid slavery in the Louisiana Territory (the modern Great Plains States). ![]() Scott’s master, however, disagreed and kept him in bondage in Missouri. ![]() Scott, a slave, claimed he was free because he had lived in Illinois (a free state) and the Louisiana Territory. ![]() Many historians think this case, popularly known as the Dred Scott Decision, helped trigger the Civil War. Some of the worst US Supreme Court decisions include: Dred Scott v. The best way to expose the Supreme Court’s ugly history to examine its worst decisions. A brief history can debunk that mythology and show the threat an all-powerful Supreme Court poses to ordinary Americans. Unfortunately, many people still view the US Supreme Court as a sacred institution dedicated to justice. Jim Crow Segregation, in particular, would not have existed with the Supremes’ blessing. In fact, Supreme Court decisions led to some of the worst injustices in American history. For much of American history, the Court failed people of color, blacks, working people, and many others. In some eras of our history, the US Supreme Court has been the worst enemy of freedom and justice in America. Although it has a reputation as a Temple of Justice, the US Supreme Court has made some horrendous decisions. ![]()
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