Political Context, 3

Question 1

Special Field Orders no. 15

Answer 1

Little effect, though sought to provide land to fmr. slaves so they could make a living for themselves

Question 2

Freedman’s Bureau Bill

Answer 2

Federal statute providing land and education to fmr. slaves

Question 3

Civil Rights Act of 1866

Answer 3

Early effort to prevent “black codes” in south

Question 4

KKK Act of 1871

Answer 4

provided federal, civil, and criminal penalties for acts of domestic terror, very successful

Question 5

13th Amendment

Answer 5

S1: Banned slavery in US and territories
S2: Congressional enforcement provision

Question 6

14th Amendment (1868)

Answer 6

S1: Ensured birthright citizenship in Citizenship Clause
Applied BoR to states, Immunity clause, Equal protection and due process
S5: Congressional enforcement clause

Question 7

15th Amendment (1870)

Answer 7

S1: No discrimination in voting
S2: Enforcement provision

Question 8

Gilded Age brought about new problems…

Answer 8

associated w/ industrialization, including pollution, disease, and rising inequality… as well as interpretation of reconstruction provisions
Court narrow with civil rights
Court broad with economic liberty
Striking down of state exercises of police powers
Belief that expanded Federal gov’t necessary to achieve Jeffersonian beliefs

Question 9

Court’s response to Gilded age econ issues…

Answer 9

the Court focuses on the balance between right to property (econ. Liberty) v. public good.
In the case of Champion, upholding ban on “immoral goods,” in case of Munn, respecting the public interest against price gouging

Question 10

When can states use police powers for regulation?

Answer 10

Regulations must be for legitimate ends (public health, morality)
Court upholds various regulations upon these measures during the “Lochner Era” such as ban on dangerous goods and upholding maximum working hours regulation for coal miners

Question 11

USE OF STATE POLICE POWERS UNCONSTITUTIONAL IF…

Answer 11

1. Used to promote political interests
2. They are arbitrary/useless

Lochner breaks this trend as it suspends regulation on bakers, “Liberty of Contract” cited as reason, the protection of contract provisions for bakers and owners… bakeries not dangerous like mines, vested interest of bosses in their margins which regulation cut

Question 12

direct v. indirect effects on interstate commerce

Answer 12

“direct must be stricken down by congress, indirect must be left to state police powers”

Question 13

NIRA (National Industrial Recovery Act)

Answer 13

Part of FDR New Deal legislation, created agency for business negotiation power over wage/hour regulation, delegated president power to regulate industries based on binding “code of conduct”

Question 14

NIRA constitutionality

Answer 14

Deemed unconstitutional in Schecter, as the NONDELEGATION DOCTRINE cites congress cannot delegate legislative power to the executive unless it provides an intelligible principle to limit its power

The NIRA is by no means intelligible

Question 15

Nondelegation Doctrine

Answer 15

DOCTRINE cites congress cannot delegate legislative power to the executive unless it provides an intelligible principle to limit its power