DOCSLIB.ORG

Publicaonp ' ;INSTITUTION Commission on Civil Rights, Washington, D.C

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Publicaonp ' ;INSTITUTION Commission on Civil Rights, Washington, D.C 4 4 DOCOMENTAESOME. ED 210 372 UD 021 863 TITLE Th4 54ual4Rights Amendment: Guaranteeing Equa°1 Rights for Wompn Under t 'he Constitution. ClearigTjhouse PublicaonP ' ;INSTITUTION Commission on Civil Rights, Washington, D.C.. *- PUB DATE Jun 81 NOTE 32p.; Not available in papei copy due tc reproduction ,quality of original document. EDRS PRICE MF01 Plus Postage. PC Not Available from EDRS- . DESCRIPTORS , *Civil Rights Legislation: *Constitutional_ Law; Equal Educatioh; Equal Opportunities (Jobs); *Equal Protection: Federal State Relationship; Females; *Laws; *Sex fairness IDENTIFIERS *Equal Rights Amendment ,ABSTRACT This repOrt examines the effects that the ratification of thy Equal Rights Amendment will have on laws concerning women. Tfie amendment's impacts on divorced, married, and emtioTed women, on women in the military and in school, and on women 'dependent on pensions, insurance, and social securiy/ete all analyzed. A discussion of the 'Constitutional rhmificaticns of the Amerdment on the Stakes and"courts is also included. (APM) 1 .4 I. a *******i*****i****************************************************** .4 * Reproductions supplied by EDRS are they best that can be made "lc * . from'the original decument. e * 6 1 *******************************************f**************************0 7, 4 k The Equal .Rights Amendment: r4 r/ .G usranteeirig Equal Rights for yVonlyen Uncle! The Constitution LLI United States, Commission on Civil Rights Clearinghouse Puttation 68 June 1981 A X I ti "" p 4 O U.S DEPARTMENT OF EDUCATION NATIONAL INSTITUTE OF EDUCATION EDUCATIONAL RESOURCES INFORMATION CENTER IERICI /Thisdocument has been reproduced as received from the person or orgerozahon ongtnahng a Minor changes have been made to improve reproduction quaint Points of Anew or opinions stated as this docu 'bent do not r.tec4tsarity represent official NIE position or policy For sale by the Superintendent of Documents, 1.7.8, Oovemm °Mee, Washington, D.C. 20402 2 a I, Acknowledgments 1 , P a f , ",.. The ,members of the Commission, following their work on this' report, both as individuals and at meetings of the Commission, desire to acknowledge their indebtedness to the following persons for their work on the report: Carol A. Bonosaro, Assistant Staff Director for Congressional and Public Affairs, for v providing overall ciftection; Phyllis Nichamoff Segal, legal director of the NOW Legal Defense and Education Fund and adjunct assistant professor at New York University Lay/ Schell: and, members of theTund, for providing us with the draft report that has been the basis for our discussions; Office of GeneralCounsel for Making recommendations relative to thelegal aspects of the report, and an editorial policy, board, consisting of senior staff of the Commission, for making helpful recommendations relative to substantive information in the report. .4 C L ., ... I 4., t , 3( A Contents Introduction 1 , 1. How Will,Ratification of the Equal Rights AmehdmenAffectb.Litws Concerning Women? ,vta 5 Women WhojAre Employed in the Paid Labor Force b_ Women Who Are Married i 1 9 Women Facing Disruption of Their Families by Divorce fl2 14 Women Dependent on Pensibns, Insurance, and Social Security Jr'. 0 Femiles in the Nation's Schools 17 Women in the Military 19 lzr 2. How Will States Be Affected by Ratification of the Equal Righ4 Amendnient? 22 3. How Will Cdurts Re Affected by Ratification of the Equal Rights Amendment? 24 4. Summary an&Conclusions t 27 " tr A 4 Introduction 4,4 1. ,The United Stares Commission on Civil Rights attainn;ent of full, equal rigs for women and first endorsed the proposed Federal Equal Rights menrequiresratification theproposed amendment. The need for RA is at least as Amendment in 1973,2 soon after it was adopted by great today as it was when Congress prdposed the United States Congress and reported to the the amendment to the Statein 1972. Measured individual States for ratification.2 The language of ' by any standard, gender Ines have not been (*le Equal Rights Amendment3 expresses the basic erased, and the history of unequal treatment of pnnciple that government at all levels should treat me and women has not been adequately women and men as,kindividuals having equal rights redsed under existing lawn Moreover, as a under law and provN.tfor the implementation of resin of experiences under State constitutional amendments virtually identical V the proposed this principle: Federal mendment, it is even cArer now than itwas in 972 that the ERA is the. appropriate Sec.1. Equality of rights under thedlaw shall remedialction td address this inequality and not be denied or abridged by the United States' assure women and Env] equal justice before the or by any Stateon account of sex. law.' Sec.2. The Congress shall have the power td In the 2 years since the Statement was issued, the enforce, by appropriate legislation, the provi- Commission has viewed with increasing concern the sions of this article. gap between reality and myth concerning the mean- ing of the Equal Rights Amendment. The Cominis- Sec.3. This amendment shall take effect two years after the date of ratification. sion believes that this gap has significantlykinterfered with efforts to add ,the amendment to our Federal The Commission reaffirmed its support for the Constitution. The gap isillustrated by a recent Equal Rights Amendment in 1978 when Chairman independent statewide poll sponsored by the Salt Arthur Flemming and Commissioner Frankie Free- Lake Tribune, ! asking pah voters whether they man testified in support of extending the penod of approved of the followft language. "Equality of time in which ratification could be accomplished.' In -rigilisi under the law shall not be abridged by the December 1978 the Commission published its State- United States or by any state on account of sex " ment on the Equal RightsAmendmotet.6 In that The language was favored by near a two-to-one margin. Yet when -asked whether they favor or staterrient, the Commission documented the continu- . ing need for the Equal Rights Amendment and the oppose Utdi's passing the "Equal Rights Amend- frepenent.e of the 16 States that already have added ment," many of the same voters who favored the equal rights provisions to their Stateconstitutions.' equal rights language stated their opposition ' to On the basis of its study, the Commission concluded ratifying the ERA.9 Since the language quoted that 11111 aboveis drawn directly 'Korn the. text of the The full text of this endorsement is reproduced as Appendix A (1974y,,Hawan, Hawaii Const An 1, §21 (1974, Mots, ill Coast Art 1. ' The ERA was approved by Congress and sent to the Suites for or (197i) Maryland, Md. Const. An. 46 (1972); Massachusetts, Mass ratification on Mar. /2. 1972. 49 years after it, veto first introduced This Const. Pan I, A. 1 (1976); Montana. Mont. Const An 2, §411973) Nevi-- legistattve history is reviewed in , Congress. Senate Judiciary Subcom- Hampshire, N.H Const. Pan I, Art. 20974), New Mexico, NM Coast mittee on the Constitution, Report Pursuant to 5. Res. 170. 95th Cong.. 1st An. 2. §18 (1973), Pennsylvania: Pa. -Cons:. An. I, §28 (1971) Texas. Tex sess. 1978. pp. 31-35, Coast. Art 1. §3a (1972); Virginia. Va. Const. An. 1, §11 (1971).. and 11:RJ.Res. 208, 92d Cong., 1st secs.. 86 Stat. 1523 (1971). Washington, Wash. Const. Art. 31, §1 (1972) The language of the I., S.. Congress, ,E..stending the Ratolicanun Pertdd for the Proposed Equal Colorado, Hawaii, Maryland. Massachusetts, Nesy Hampshire. New Mem, Rights Amendment. Heartngs On 11.1 Res. 6.18 Before the Subcomm. on Cm/ cu, Pennsylvania. Texas, and Washington provisions closely resembles that & Lanz:trio:arra: fights of the House Comm. on the Judiciary, 95th Cong,, of the proposed Federal Equal Rights Amendment. Utah and Wyoming & td sess, 1977- (statement of Arthur S Flemming and Fran M. adopted ormstotuitonal provutons regarding sex equality near the end of the Freeman), p. 334 19th centuey Utah Const. Art 4. §1(1896); Wyo. anat. An I, §§2, 3. An. S.. Commission on 0%11 Rights, Statement on the Equal Righu 6. §I (1890) Amendment (1978) (hereafter cited as 1978 ERA Statement!. '1978 ERA Statement. p. 4. Ibid.Fourteen States have added equal nghts provisions to then `Voters (apposed to ERA, But Support Its Concept." Salt Lake Tribune. constitutions since 1970- Alas)ta. Alas Cont. Aft 1, §3 (1972)r Colorado, May It. 1980 p A-1. .1 " Colo Cons' An 2. §29 (1972)-, Connecticut. Conn. Const, An I, §20 * 'bid 1 5 proposed Equal Rights Amendment, such conflict- gap between support for the principle of equal rights lng responses to the two questions are not easy to and support for ratification of the ERA itself Many reconcile. of theargb ments against ratification/appeal to fears The gap also is seen in other independent polls, and ignore facts, confusing soters and legislator* conducted nationwide, consistently showing majori- alike about the diojectis es and positise effects to bef_ ty support for the Equal Rights Arnendment.10But secured by the proposed ,amendment The purpose nationally, as in Utah, the stippart for the principle of of this report is to make clear to the women and men equality. embodied in the Equal Rights Amendment of this Ninon who belies e in the equal dignity of all is even stronger than support for the amendment indisiduals before the law that the Equal Rights itself,"indicatingthatmany, persons have not Amendment is essential to achieving this goal accepted the fact that the ERA is the most effective Although State, local, and
Load more

Recommended publications
  • Should Lawyers Obey the Law?
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1996 Should Lawyers Obey the Law? William H. Simon Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation William H. Simon, Should Lawyers Obey the Law?, 38 WM. & MARY L. REV. 217 (1996). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/880 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. SHOULD LAWYERS OBEY THE LAW? WmLiAM H. SIMON" At the same time that it denies authority to nonlegal norms, the dominant view of legal ethics (the "Dominant View") insists on deference to legal ones. "Zealous advocacy" stops at the "bounds of the law."' By and large, critics of the Dominant View have not chal- lenged this categorical duty of obedience to law. They typically want to add further public-regarding duties,' but they are as insistent on this one as the Dominant View. Now the idea that lawyers should obey the law seems so obvi- ous that it is rarely examined within the profession. In fact, however, once you start to think about it, the argument for a categorical duty of legal obedience encounters difficulties, and these difficulties have revealing implications for legal ethics generally. The basic difficulty is that the plausibility of a duty of obedi- ence to law depends on how we define law.
    [Show full text]
  • The Duty of the Government to Make the Law Known
    Fordham Law Review Volume 51 Issue 2 Article 2 1982 The Duty of the Government to Make the Law Known Joseph E. Murphy Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Joseph E. Murphy, The Duty of the Government to Make the Law Known, 51 Fordham L. Rev. 255 (1982). Available at: https://ir.lawnet.fordham.edu/flr/vol51/iss2/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE DUTY OF THE GOVERNMENT TO MAKE THE LAW KNOWN JOSEPH E. MURPHY* INTRODUCTION N a democracy it is accepted that the public should have full access to the lawmaking process.' It generally has gone unnoticed, how- ever, that governmental bodies, which may now be required to re- main open to the public for their deliberations, may nevertheless adopt laws and regulations with little or no publicity being given to those enactments. 2 Under an ancient Anglo-American common-law doctrine, a law may take effect from the moment it is signed, or an administrative rule may penalize conduct immediately after it is voted on, with no obligation on the lawmakers to publicize or promulgate their enactments.2 If a citizen acts in unavoidable ignorance of such afoul of the new law, his igno- an unpublicized enactment and runs 4 rance may offer him no legal defense.
    [Show full text]
  • Brief for Petitioners
    NO. 19-968 IN THE Supreme Court of the United States CHIKE UZUEGBUNAM AND JOSEPH BRADFORD, Petitioners, v. STANLEY C. PRECZEWSKI, JANN L. JOSEPH, LOIS C. RICHARDSON, JIM B. FATZINGER, TOMAS JIMINEZ, AILEEN C. DOWELL, GENE RUFFIN, CATHERINE JANNICK DOWNEY, TERRANCE SCHNEIDER, COREY HUGHES, REBECCA A. LAWLER, AND SHENNA PERRY, Respondents. On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit BRIEF FOR THE PETITIONERS DAVID A. CORTMAN KRISTEN K. WAGGONER TRAVIS C. BARHAM Counsel of Record JEREMIAH J. GALUS JOHN J. BURSCH KATHERINE L. ANDERSON TYSON C. LANGHOFER ALLIANCE DEFENDING ALLIANCE DEFENDING FREEDOM FREEDOM 1000 Hurricane Shoals Rd. 440 First Street, N.W. N.E., Suite D-1100 Suite 600 Lawrenceville, GA 30043 Washington, D.C. 20001 (770) 339–0774 (202) 393-8690 [email protected] Counsel for Petitioners i QUESTION PRESENTED Whether a government’s post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, com- pleted violation of a plaintiff’s constitutional right. ii PARTIES TO THE PROCEEDING & CORPORATE DISCLOSURE Petitioners are Chike Uzuegbunam* and Joseph Bradford. Both were students at Georgia Gwinnett College when this case began. Both are individual persons. Respondents are Stanley C. Preczewski, Lois C. Richardson, Jim B. Fatzinger, Tomas Jiminez, Aileen C. Dowell, Gene Ruffin, Catherine Jannick Downey, Terrance Schneider, Corey Hughes, Rebecca A. Lawler, and Shenna Perry. All are or were officials at Georgia Gwinnett College involved in enforcing the challenged policies, and Chike and Joseph sued them in their official and individual capacities. During this lawsuit, Respondent Preczewski left the employ of Georgia Gwinnett College, and Respondent Jann L.
    [Show full text]
  • Responding to the Time-Based Failures of the Criminal Law Through a Criminal Sunset Amendment
    RESPONDING TO THE TIME-BASED FAILURES OF THE CRIMINAL LAW THROUGH A CRIMINAL SUNSET AMENDMENT Richard E. Myers II* Abstract: The libertarian genius of the drafters of the U.S. Constitution recognized that liberty is defended best when it is difficult to pass a law. They therefore split power vertically and horizontally—between the states and the federal government, and among the executive, legislative, and judicial branches—and barred some laws from being passed at all. The obstructive mechanisms intended to defend liberty, however, also stymie attempts to restore liberty. This Article proposes a constitutional amend- ment that would redress that oversight by creating a twenty-five-year limit on the effect of all criminal legislation. It would force regular legislative oversight of the criminal codes. It would redistribute power among the branches by reducing the courts’ incentives to create new conceptions of substantive due process to redress perceived process failures. And it would reset the checks and balances for each generation in favor of liberty. This Article is intended to provoke a renewed discussion of the issues of gen- erational entrenchment, overcriminalization, and the structural bases that result in what Professor William Stuntz has called “the pathological politics of the criminal law.” * Assistant Professor of Law, University of North Carolina School of Law. J.D., 1998, University of North Carolina School of Law; M.A. History, 1994, University of North Caro- lina at Wilmington; B.A., 1989, University of North Carolina at Wilmington. I would like to thank Christopher Slobogin, Ronald Wright, Robert Mosteller, Paul Robinson, all of my colleagues at the University of North Carolina, and the participants of the following work- shops: Jurisgenesis at Washington University in St.
    [Show full text]
  • Undead Laws: the Use of Historically Unenforced Criminal Statutes in Non-Criminal Litigation
    Undead Laws: The Use of Historically Unenforced Criminal Statutes in Non-Criminal Litigation Hillary Greenet Long after criminal laws have lost their vigor in the context for which they were drafted, they may rise again elsewhere. The American legal system has yet to develop a coherent policy delineating when or if historically unenforced penal statutes can be invoked in non-penal contexts. This issue is particularly evident in cases where the relevant laws are caught between shifting moral sentiments. Fornication, for example, remains illegal in many states,' but it is rarely prosecuted. Should one of the participants in this "criminal" act contract a sexually transmitted disease and sue her partner in tort, however, these disused statutes may be invoked under the "clean hands" doctrine to bar recovery.2 There is a growing body of ill-considered, contradictory case law regarding the legitimacy of such non-criminal invocation of profoundly disused criminal laws. The lack of a coherent approach to secondary applications of disused laws warrants fundamental consideration of the issue rather than the piecemeal attention it has received. Academics have grappled extensively with issues stemming from the renewed enforcement of disused criminal laws,3 which I shall call primary applications. At the same time, however, commentators have virtually ignored a potentially larger issue: the permissibility of what I shall call the secondary application4 of these laws in civil, family, and other non- t B.A. (1990), J.D. (1997), Yale University. Special thanks to Professor Steven Duke, Thomas Easton, Robert Gulack, Brian C. Kalt, and Ryan Wesley Bounds for valuable comments and encouragement.
    [Show full text]
  • Should Lawyers Obey the Law?
    William & Mary Law Review Volume 38 (1996-1997) Issue 1 W.M. Keck Foundation Forum on the Article 12 Teaching of Legal Ethics October 1996 Should Lawyers Obey the Law? William H. Simon Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Legal Ethics and Professional Responsibility Commons Repository Citation William H. Simon, Should Lawyers Obey the Law?, 38 Wm. & Mary L. Rev. 217 (1996), https://scholarship.law.wm.edu/wmlr/vol38/iss1/12 Copyright c 1996 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr SHOULD LAWYERS OBEY THE LAW? WmLiAM H. SIMON" At the same time that it denies authority to nonlegal norms, the dominant view of legal ethics (the "Dominant View") insists on deference to legal ones. "Zealous advocacy" stops at the "bounds of the law."' By and large, critics of the Dominant View have not chal- lenged this categorical duty of obedience to law. They typically want to add further public-regarding duties,' but they are as insistent on this one as the Dominant View. Now the idea that lawyers should obey the law seems so obvi- ous that it is rarely examined within the profession. In fact, however, once you start to think about it, the argument for a categorical duty of legal obedience encounters difficulties, and these difficulties have revealing implications for legal ethics generally. The basic difficulty is that the plausibility of a duty of obedi- ence to law depends on how we define law.
    [Show full text]
  • Silent, Spoken, Written, and Enforced: the Role of Law in the Construction of the Post-Colonial Queerphobic State Chan Tov Mcnamarah Cornell Law School, J.D
    Cornell International Law Journal Volume 51 Article 6 Number 2 Spring 2018 Silent, Spoken, Written, and Enforced: The Role of Law in the Construction of the Post-Colonial Queerphobic State Chan Tov McNamarah Cornell Law School, J.D. Candidate, 2019 Follow this and additional works at: https://scholarship.law.cornell.edu/cilj Part of the African Studies Commons, Law and Gender Commons, and the Sexuality and the Law Commons Recommended Citation McNamarah, Chan Tov (2018) "Silent, Spoken, Written, and Enforced: The Role of Law in the Construction of the Post-Colonial Queerphobic State," Cornell International Law Journal: Vol. 51 : No. 2 , Article 6. Available at: https://scholarship.law.cornell.edu/cilj/vol51/iss2/6 This Note is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized editor of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. \\jciprod01\productn\C\CIN\51-2\CIN206.txt unknown Seq: 1 11-OCT-18 14:13 Silent, Spoken, Written, and Enforced: The Role of Law in the Construction of the Post-Colonial Queerphobic State Chan Tov McNamarah† Debates over the origins of queerphobia in post-colonial African nations are legion. The conversation is dominated by opinions that paint Africans as inherently more violent towards, and less tolerant of sexual minorities than their Western counterparts. Less present in the conversa- tion is the view that colonially-imposed laws have played a significant role in the creation of queerphobic, post-colonial African states.
    [Show full text]
  • Gambling Law Enforcement in Major American Cities: Executive Summary
    If you have issues viewing or accessing this file contact us at NCJRS.gov. Gambling law Enforcement In Major American Cities: Executive Summary •" • National Institute of law Enforcement and Cr.iminal Justice ~ law Enforcement Assistance Administration ~ II~ United States Department of Justice ,.:., .. i. ~I This Executive Summary presents the highlights of the findings and conclusions of a study of gambling law enforcement in a sample of 16 cities with populations of 250,000 or more. As a summary, it necessarily omits most of the detailed data on which the conclusions are based. The full report contains a discussion of the nature of gambling laws and what is known about gambling behavior. The various ways police and prosecutors respond to illegal gambling are described in detail, along with an analysis of the significance of these variations. Data from surveys of police officers and citizens are then presented to help with the assessment of the effects of gambling law enforcement responsibilities on police departments and their relationships with their constituencies. A particularly important analysis of these data looks at the association bett'!een different levels of legal gambling, such as lotteries and horse racing, and the responses of the criminal justice system, including attitudes of police and citizens toward gambling laws. For those interested in an overview and the major conclusions, the Executive Summary should suffice. However, those interested in the specific research findings and the analysis process itself will want to read the full report. Gambling Law Enforcement In Major American Cities: Executive Summary Floyd J• Fowler, Jr. Thomas W. Mangione Frederick E.
    [Show full text]
  • H. L. A. Hart on Legal and Moral Obligation
    Michigan Law Review Volume 73 Issue 2 1974 H. L. A. Hart on Legal and Moral Obligation Michigan Law Review Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Law and Philosophy Commons Recommended Citation Michigan Law Review, H. L. A. Hart on Legal and Moral Obligation, 73 MICH. L. REV. 443 (1974). Available at: https://repository.law.umich.edu/mlr/vol73/iss2/5 This Note is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. December 1974] Notes 443 H. L. A. Hart on Legal and Moral Obligation One of the central problems in both moral and legal philosophy has been to offer a satisfactory analysis of the concept of obligation. In ordinary language the word "obligation" is used in several dif­ ferent contexts.1 It may refer to moral obligation (e.g., "I am morally obligated to keep my promise to help my uncle with his knitting"), legal obligation (e.g., "I am legally obligated to report as income on my tax return whatever funds I embezzle from my employer"), po­ litical obligation2 (e.g., "I am politically obligated to vote"), or social obligation8 (e.g., "I am socially obligated to write a note of thanks to my weekend hosts"). For philosophical purposes the concept must be more sharply delineated.
    [Show full text]
  • Recess Appointments in the Age of Regulation
    ARTICLES RECESS APPOINTMENTS IN THE AGE OF REGULATION ∗ JONATHAN TURLEY INTRODUCTION ............................................................................................. 1524 I. SEPARATION ANXIETY: THE EVOLUTION OF THE RECESS APPOINTMENTS CLAUSE FROM FORMALIST TO FUNCTIONALIST MEANING ........................................................................................... 1532 A. The Original Basis for the Appointment and Confirmation Powers ....................................................................................... 1533 B. Functionalism and the Adoption of a Permissive Presidential Power of Recess Appointments ............................. 1538 II. RECESS APPOINTMENTS IN THE AGE OF REGULATION ...................... 1542 III. JUDICIAL ABDICATION AND THE FAILURE OF FUNCTIONALISM ........ 1562 A. Separation of Powers Versus Checks and Balances .................. 1565 B. The Failure of Functionalist Checks in Recess Appointment Controversies ....................................................... 1570 1. The New Model of Government Rationale ......................... 1572 2. The Political Necessity Rationale ........................................ 1573 3. The Checks and Balances Rationale .................................... 1576 IV. A SEPARATION-BASED APPROACH TO RECESS APPOINTMENTS ....... 1581 A. Judicial Abdication and Executive Aggregation ....................... 1583 B. Canning and the Opportunity Lost in the D.C. Circuit .............. 1590 C. Reestablishing Separation Principles in Recess Appointments ............................................................................
    [Show full text]
  • Congr.Essional Reoord-Sen.A .. Te
    2468 CONGR.ESSIONAL REOORD-SEN.A.. TE FEBRUARY 4 3168. Also, petitio~ of W. H. Turner, Dick Burnham, et al, of. Mr. SMOOT. 1\Ir. President, the resolution will have to go to Macon County, Mo., against passage of House bill 78; to the the Committee to Audit and Control the Contingent Expenses of Committee on the District of Columbia. the Senate. 3169. Dy Mr. STEELE : Petition of 105 citizens of Atlanta, · Mr. WALSH of Montana. I trust that the Committee to Fulton County, Ga., protesting against the passage of the Audit and Control will be able to take the matter under im­ Brookhart bill pertaining to motion pictures ; to the Committee mediate consideration. on Interstate and Foreign Commerce. I submit a further resolution, in the form of a motion. I 3170. Also, petition of 61 citizens o.f Campbell County, Ga., move that the President of the Senate be directed to certify to protesting against the passage of legislation enforcing compul­ the district attorney for the District of Columbia the report sory Sunday observance ; to the Committee on the District of made on yesterday by the Committee on fublic Lands and Sur­ Columbia. - veys for appropriate action by that officer. 3171. By Mr. STRONG of Kansas: Petitions of 62 citizens The VICE PRESIDENT. Without objection, the motlon is of Minneapolis, Kans., protesting against the passage of the agreed to. Does the Senator from Montana ask for the im­ Lankford compulsory Sunday observance bill (H. R. 78) ; to mediate consideration of the resolution submitted by him? the Committee on the District of Columbia.
    [Show full text]
  • Master and Servant in England: Using the Law in the 18Th and 19Th Centuries
    Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2000 Master and Servant in England: Using the Law in the 18th and 19th Centuries Douglas Hay Osgoode Hall Law School of York University, [email protected] Source Publication: Private Law and Social Inequality. Oxford, UK: Oxford University Press, 2000. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works Part of the Law Commons Repository Citation Hay, Douglas, "Master and Servant in England: Using the Law in the 18th and 19th Centuries" (2000). Articles & Book Chapters. 142. https://digitalcommons.osgoode.yorku.ca/scholarly_works/142 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. ·---~- ~·- . IO Master and Servant in England Using the Law in the Eighteenth and Nineteenth Centuries DOUGLAS HAY lntroduct:ion 'Private law' in English usage means the civil law, 'those relations between individuals with which the State is not directly con­ cerned', but such definitions concede, however reluctantly, that issues of public policy always arise that involve the state. 1 A central issue of public policy for most regimes is that of sustaining, sta­ bilizing, explicating, and defending existing social relations in con­ ditions of great social inequality. In the workplace, in England, the law that did so was termed, well into the twentieth century, · 'the law of master and servant'. This large corpus of law was based on medieval, Tudor~ and Stuart legislation, reinforced in the eighteenth and nineteenth centuries by new enactments, and glossed in a large number of reported cases.
    [Show full text]