LAWS 2180 Study Guide - Minersville School District V. Gobitis, Joseph Franklin Rutherford, Judicial Restraint
Document Summary
Wickard v. filburn (1942: act, small garden violated the act and exemplified the extent (high water mark) of the use of the commerce power by the federal government. Witnesses who refuse to obey nazi laws: ohio man named bailey created it: fundamental principle: it is right and all other religions are wrong. Expelled the gobitis children until they agreed to salute the flag but was mandated by the state to be in school. Justice frankfurter: disciple of holmes: embraced the notion of judicial restraint: let them do what they want, it is not our duty to do something about it. Rejected religious liberty rights for police power: argued that there is no clear and present danger and the 1st amendment is applied to the state through the 14th amendment. A few kids not saluting the flag does not present any danger.
