The White Court: Justices, Rulings, and Legacy

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ABC-CLIO, 2004 - 309 pages
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An in-depth examination of the U.S. Supreme Court under the 11-year reign of Chief Justice Edward Douglass White.
The White Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Edward Douglass White. Through detailed discussions of landmark cases, this reference work explores the role the Court played in steering the country through an era of economic growth, racial discrimination, and international warfare.

The White Court reveals how the Court established its greatest legacy, the "rule of reason," in antitrust cases against the American Tobacco Company and Standard Oil, and how it resolved controversies concerning the expansion of executive power during wartime. Individual profiles of the 13 White Court justices describe their rise to prominence and controversies surrounding their nominations, their work on the Court, judicial philosophies, important decisions, and overall impact.

  • A-Z entries on key people, laws, cases, events, and concepts such as Oliver Wendell Holmes, Hipolite Egg Co. v. United States, and Standard Oil of New Jersey v. United States
  • Appendix with excerpts from primary documents of key cases decided during the White Court tenure

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The Justices
Major Decisions
Legacy and Impact

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Page 254 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Page 39 - But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.
Page 64 - The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic,...
Page 95 - If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.
Page 55 - But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.
Page 95 - Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty.
Page 176 - That no restraining order or injunction shall be granted by any court of the United States ... in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property, or to a property right...
Page 254 - We admit that in many places and in ordinary times the defendants, in saying all that was said in the circular, would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic.
Page 116 - But we must adhere to the law and the law does not make mere size an offense or the existence of unexerted power an offense.
Page 59 - In our view the necessary effect of this act is, by means of a prohibition against the movement in interstate commerce of ordinary commercial commodities, to regulate the hours of labor of children in factories and mines within the States, a purely state authority.

About the author (2004)

Rebecca S. Shoemaker is a professor in the Department of History at Indiana State University, Terre Haute, IN.

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