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Thursday, April 05, 2007

LAD#30 - Brown v. Board of Education.

In Topeka, Kansas, a black 3rd grader named Linda Brown dared to challenge the racial segregation that was the norm in public schools across the nation in the 1950's. Linda had to walk one mile each day to go to an inferior all black school even though there was a white elementary school only seven blocks away. The Family went to National Association for the Advancement of Colored People (NAACP) for help. The NAACP argued to the District Court that segregated schools sent the message to black children that they were inferior to whites, and therefore the schools were inherently unequal. Yet the board of education defended segregation by arguing that segregation in schools prepared the black children for the segregation they would face in their later life. The Judges ruled that, "Segregation of white and colored children in public schools has a detrimental effect upon the colored children... A sense of inferiority affects the motivation of a child to learn." But because of the precedent of Plessy v. Ferguson, the court felt "compelled" to rule in favor of the Board of Education. Brown and the NAACP along with other similar cases in South Carolina, Virginia, and Delaware appealed to the Supreme Court a couple months later. Finally, on May 17, 1954, Chief Justice Earl Warren ruled that "the doctrine of "separate but equal" had no place in the field of public education and deprived the the plaintiff and others like them of equal protection guaranteed by the Fourteenth Amendment." Thus requiring the desegregation of schools across America. Though Brown v. Board of Education did not abolish segregation in other public places, it did take one giant step with the complete desegregation of public schools.

Sunday, March 25, 2007

LAD#29 - the Truman Doctrine

President Truman adressed the Congress on March 12th, 1947 regarding issues in Greece and Turket. He told them that the Greek government had presented an urgent appeal for financial and economic assistance, which was imperative to give if Greece was to survive as a free nation. He reminded Congress that Greece was a poor nation who had suffered invasion, cruel enemy occupation, and bitter internal strife. Germans had destroyed almost all the infrastructure. Truman argued that it was the nation's democratic duty to aid Greece. Turkey, was also in almost the same condition as Greece, which is why Turkey also required the assistance of the United States. Truman argues that the United States made an investment of world freedom and peace with $341,000,000,000 which went towards winning World War II. That if the United States falter in their leadership, it woudl endanger the peace of the worl, and the welfare of the nation as well.

Wednesday, March 07, 2007

LAD#28 - FDR's First Inaugural

Franklin D. Roosevelt delivered his first inaugural address on Saturday, March 4, 1933. He beckoned the nation to not shy away from the conditions of the country. Promising that it would revive and prosper. Roosevelt’s belief that the only thing the nation had to fear was fear itself. That terror only paralyzed the efforts to convert retreat into advance. He advised the people that he need their understanding and support to be able to help the nation to his best ability. Yet the difficulties surround the people were merely concerned with material things. The crash of the stock market left a host of unemployed people who face the grim problem of existence. But Nature still offers her bounty and human efforts have multiplied. Roosevelt reminds the nation that the measure of restoration lies in the extent to which we apply social values more noble than mere monetary profit. He then quoted Shakespeare in saying "Happiness lies not in the mere possession of money; it lies in the joy of achievement, in the thrill of creative effort." The people were assured that the greatest task before him was to put them to work. The plan of progress was to implement a strict supervision of monetary aspects such as banking, credit, investment, and currency. Roosevelt called upon the people to be willing to sacrifice for the good of a common discipline. In the case that the constitutional could not fulfill the needs of the people, Roosevelt was willing to recommend the measures that a stricken nation in the midst of a stricken world may require. In other words seek to weld power outside his constitutional dictated powers. Finally, Roosevelt assured the people that he would not evade the course of duty before him and would use his power to wage a war against emergency.

LAD#27 - Kellogg-Briand Peace Pact

The Kellogg-BRiand Pact of 1928 was a treaty between the United States and other Powers signed at Paris on August 27, 1928. The signed of the treaty agreed that it was their solemn duty to promote the welfare of mand kind. They renounced war as an instrument of national policy and that all changes in relations shoudl be made by pacific means and be the result of a peaceful and oderly process. All the otehr nations of the world will join in this humane endeavor encouraged by their example. There is a total of three articles which make up the treaty. Basically stating that war is condemned and renounced and the settlement or solution of all disputes should be down by pacific means. Also it was deemed that the treaty remain open as long as may be necessary for adherence by all the other Powers of the world.

LAD#26 - Schenck vs. US

In the case of Schenck versus the United States on March 3, 1919, it was concluded that enough sufficient evidence was obtained to connect the defendant with the mailing of printed circulars that conspired to obstruct the recruiting and enlistment service of the Espionage Act of June 1917. Though words would usually be within the freedom of speech under the First Amendment, it becomes subject to prohibition in certain circumstances such as war. The conspiracy wanted to influence men who had been drafted to obstruct the draft of the Selective Service Act of May 18, 1917. Thus the circulation of such pamphlets was punishable under the Espionage Act. Schenck was indited under three counts. The first charge was conspiring to violate the Espionage Act by causing and attempting to cause insubordination in the military and naval forces. To obstruct the recruiting and enlistment service when the nation is at war with the German Empire led to this conclusion. The second count alleged to use the mail for the transmission of matter declared to be non-mailable. Thus the third charge was unlawful use of the mails for the transmission of the same matter. The defendant was found guilty on all counts. It was then stated that though the First Amendment protects one's freedom of speech, this case have argued some other points which must be brought to light. There is no reasonable doubt that the defendant was largely instrumental in sending the circulars. But the search warrant under which the circulars was obtain was issued against the Socialist headquarters and not against Schenck and thus the documents were not technically in his possession. Then specific examples were given of how the circulars broke the law. The first side declared that the Conscription act was despotism and a monstrous wrong against humanity. And that it denied the power to send out citizens away to foreign shoes to shoot up the people of other lands. The significance of this case was to clarify that in times of war rights are sometime compromised. "But the character of every act depends upon the circumstances in which it is done" It is a question of proximity and degree.