Term Paper on "America by Tindall and Shi"

Term Paper 5 pages (1724 words) Sources: 1+

[EXCERPT] . . . .

Dred Scott v Sanford Decision

Dred Scott, as commonly known, was an 1857 U.S. Supreme Court Decision written on the subject of slavery and Congressional authority. Chief Justice Taney delivered the opinion of the Court; six concurring, two opposing.

The Court's decision found that people of African descent, those that were imported into the United States for the purposes of slavery, and their descendants, were not protected by the U.S. Constitution and therefore could never become citizens. The Supreme Court also held that Congress had no authority to prohibit slavery in federal territories because slaves were not legal citizens. Finally, the Court indicated that slaves were private property, and therefore could not be taken away from owners without appropriate due process.

The decision was the result of Dred Scott trying to purchase his freedom in 1846, basing his argument on other legal precedents and claiming that because he lived in a free territory, he had the right to become free. The Supreme Court heard the case after years of litigation.

4. The audience for the decision was widespread: because it was the Supreme Court, the decision was the law of the land and thus audience was anyone living in the United States, including slaves.

5. This was a tumultuous time in U.S. history. Many new territories were opening up in the mid- and western parts of the countries, and one of the basic issues is whether they would be "free" or "slave" states. Animosity was building between the North and South over slavery as well, so including a decision that affected non-states, "territories," along with the particular ruling, was a sign of the deep divide on the issue of slavery in the United States.

6. The effect of Dred Scott was widespread. It polarized the country. Opponents of slavery believed it was a conspiracy. Even Abraham Lincoln gave an opinion based on the issue of the Congress being unable to instill policies in territories. The vehement arguments in the case were, some scholar's say, part of the reason some of the southern states decided to secede from the Union and that the decision was further proof that the institution of slavery did not belong in the northern Congressional debates. Many also consider the decision as one of the predominant reasons leading up to the Civil War.

Muller v Oregon

1. 1908 Supreme Court Decision justifying sex discrimination and the use of 19th century labor laws. The majority opinion (unanimous) of the Court was written by Justice David Brewer.

2. The decision upheld Oregon state restrictions on the working hours of women (lowering) but also made the case that women were not equal to men, and therefore could not have the same rights or laws.

3. An Oregon laundry business owner was convicted of violating Oregon labor laws by making female employees work longer than a 10-hour day. He was fined $10, but appealed to the Oregon Supreme Court and then to the U.S. Supreme Court.

4. U.S. Supreme Court decision -- intended audience citizens of the U.S., in this case, particularly business owners and those interested in feminist politics.

5. There is lack of data about the differences between men and women in terms of ability, psychology, and temperament. At the time, women were considered "the weaker sex," and this ruling follows that view.

6. At the time, neither side was very happy with the outcome. Those who believed in equal work felt controlled by the Court, those who were for equal-rights felt that this went against their views by stating women were "not" equal. The government's interest in the public welfare and opinions of the time outweighed the 14th Amendment. In fact, the decision was upheld on numerous occasions until the 1930s (Roosevelt's New Deal) and the necessities of female workers during World War II.

Share Our Wealth -- Gov. Huey Long

1. Written by Louisiana Governor Huey Long as the statement for a movement of the same name. The program was given as a national radio address on February 23, 1934.

2. The "Share Our Wealth" plan was a program designed to provide a decent standard of living to all Americans by spreading the wealth amongst the people. Long thought that if personal fortunes were capped at $50 million dollars, through a progressive tax code the wealthier individuals could share their profits with the rest of the nation.

3. Long wrote it because of his views on the tremendous inequities that existed even during the Depression between the extreme wealthy and the extreme poor. He knew that it would be a continued burden on the government to provide needed social services, so thought that a progressive taxation program affecting mostly the wealthy would be a fairer way to distribute wealth.

4. The audience was, of course, the American people. Long hoped to provide this as a grass roots movement in which enough people would see the validity of such a program that they would pressure their elected officials. He knew, of course, that the upper elite would oppose it.

5. The country was in dismal shape because of the Depression. The combination of economic issues and agricultural failures left America in one of the worst economic periods of its history. The document was written to propel a new sense of fairness and a more populist front.

6. Long was a populist, and extremely popular in Louisiana and some of the hardest hit Southern States. However, many saw this program as one that would threaten the New Deal and reform issues of Franklin D. Roosevelt. A number of politicians also thought Long was intending to use the "Share the Wealth" platform to mount a third-party challenge to Roosevelt during the 1936 Presidential election. So divided were people about Long's motives and attitudes that he was assassinated on September 8, 1935.

The Truman Doctrine

1. The "Truman Doctrine" was a policy established by President Harry Truman on in March, 1947 stating that the United States would support Greece and Turkey with economic and military aid to prevent those countries from falling under the influence of the Soviet Union.

2. Essentially, this was Truman drawing a line in the sand towards Josef Stalin and Soviet aggression in Eastern Europe. In the document, Truman noted that "it will be the policy of the United States to support free peoples who are resisting attempted subjugation by armed minorities and outside pressures."

3. The policy was written as a response to the events that took place in the Eastern European Theater after World War II. The Soviet Union coopted much of Eastern Europe, 1/2 of Germany, 1/2 of Berlin, and believed they needed an even greater buffer zone to protect Russia from the West. Greece and Turkey were logical extensions of this because both had been devastated during WWII and had strong socialist parties. Truman believed that if Greece and Turkey did not receive the aid they needed, they would inevitable fall to Soviet influence.

4. The intended audience was wide: this was a clear message to the Soviet Union; a message to Europe that the U.S. would not tolerate Soviet aggression; a message to the people of Greece and Turkey that the U.S. would side with them; and a message to Congress and the American people that the U.S. would put in a formal policy to prevent the spread of worldwide communism.

5. Post World War II events were top of mind for most Americans; there was a fervent anti-communism movement afoot in the United States, and a clear paranoia about the Soviets. While Truman focused on Greece and Turkey, the implicit message to the Soviets was "back off."

6. The short-term effect was a strong message to the Soviet Union, $400 million in American aid to the region, and the support of the American people on Truman's stance against communism. Longer term, both Greece and Turkey joined NATO in 1952, a defensive organization designed to unite Europe against the Soviets. Informally, the document became the locus of American Cold War policy globally; shifting American foreign policy towards the Soviets from detente (in WWII) to containment. Many historians see this as the official start of the Cold War.

Sources of Soviet Conduct -- George Kennan

1. The Sources of Soviet Conduct is also known as the "X Article," written by George Kennan who was the Deputy Mission Chief in the Soviet Union between 1944-46. Kennan wrote the article as a telegram, and it was published in Foreign Affairs magazine in July 1947.

2. Kennan's analysis of the Soviet Union states that they do not see the possibility of long-term peaceful coexistence with the capitalist world. Their aim is to advance the socialist cause, and capitalism was a menace to socialism. The U.S.S.R. would continue to build up its client states, and would use controllable Marxists within the capitalistic world as its allies. Further, Soviet aggression was not really aligned with the viewpoints of the Russian people or with the economic reality of the… READ MORE

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