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Lecture

American Constitutional and Legal History 12.docx

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Department
Law
Course
LAWS 2180
Professor
Alan Rogers
Semester
Spring

Description
#180: Amber Realty v. Euclid (1926) • Industrialization and the expansion of that into towns: zoning laws: to protect the investment in the town. • People now own land they cannot sell to a commercial business because of zoning laws. • Welsh v. Swansey (1909): City of Boston ordinance regulating buildings: constitutional: police power! • Pennsylvania Coal V. Mahon: Prohibited Coal Miners from excavating coal from above a certain depth: deprives the mining company from their substantive due process property. Unconstitutional Taking: need compensation for the lost profit on your property. • Police Power upheld along with the zoning laws of the village. Buck V. Bell (1927): • Statue that said that it was okay to sterilize the unfit (like the retarded and insane) a.k.a. Eugenics. • For the good notion of sustaining democracy by not allowing undesirables • Holmes believes in Eugenics: embraces the ideas. • Virginia used Police Power: for the general welfare of others. Institutionalized. • 14 amendment: they had a right to procreate. • Fucked up. They got rid of Carrie Buck in an institution in order to hide the fact she was raped by the young master of a rich Virginian family. • Virginia brought suet on themselves and appointed their own lawyer to Buck’s case: it was a set up to make their police power be ok and pass. Gitlow v. NY (1925): Incorporation!!!!!!!! th • Barrom v. Baltimore: about an unconstitutional taking: Barrom tried to use 5 amendment. Said Bill of rights does not apply to the states, only to the federal government.
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