JUSTICE STEPHEN J. FIELD:
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U.S. SUPREME COURT JUSTICE STEPHEN J. FIELD
[1816-1899]
þ THE PHILOSPHY OF INDIVIDUALISM WAS APPLIED TO
ECONOMIC AFFAIRS MOST FULLY IN THE U.S.
þ THE CIVIL WAR [1861-65] PERMITTED THE INDUSTRIAL
INTERESTS OF THE NORTHEAST TO ACHIEVE DOMINANCE
þ THESE ACTS PASSED:
þ THE MORILL TARIFF OF 1861 -- RAISED
TARIFFS.
þ THE HOMESTEAD ACT OF 1862
þ THE PACIFIC RAILWAY ACTS OF 1862
& 1864
þ THE NATIONAL BANKING ACT OF 1863
þ ALL THIS SET STAGE FOR DOMINANCE
OF PRIVATE
ENTERPRISE IN A BUSINESS-ORIENTED
CIVILIZATION.
þ THE PHILOSOPHY OF UNRESTRICTED INDIVIDUALISM CAME
TO BE EMBODIED IN THE CONSTITUTION.
þ MOST RESPONSIBLE WAS SUPREME COURT
JUSTICE
STEPHEN J. FIELD.
þ BORTHER OF CYRUS FIELD --> 1ST TRANS-
ATLANTIC TELEGRAPH CABLE.
þ GOLD RUSH TO CA --> JUDGESHIP --> STATE
LEGISLATURE --> STATE SUPREME COURT BY 1857 -->
CHIEF JUSTICE OF CA SUPREME COURT IN 1859 -->
LINCOLN APPOINTS FIELD TO SUPREME COURT IN 1863
--> HELD POSITION FOR 34 YRS.
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U.S. SUPREME COURT JUSTICE STEPHEN J. FIELD
[1816-1899] [C]
þ FIELD PUSHED THE PROTECTION OF PRIVATE PROPERTY &
FREEDOM OF BUSINESS ENTERPRISE.
þ TO DO THIS HE INVOKED THE 14TH AMENDMENT, ARGUED
THAT IT APPLIED NOT JUST TO INDIVIDUALS, BUT TO
CORPORATIONS.
þ 14TH AMENDMENT =
þ PASSED IN 1868 TO PROTECT NEWLY
FREED
SLAVES.
þ "NO STATE SHALL MAKE ... ANY LAW
WHICH SHALL
ABRIDGE THE PRIVELEGES ...
OF CITIZENS OF
THE U.S.; NOR SHALL ANY STATE
DEPRIVE ANY
PERSON OF LIFE, LIBERTY OR
PROPERTY, WITHOUT
DUE PROCESS OF LAW."
þ FIELD BECAME MOST IMPORTANT SPOKESMAN FOR U.S.
SUPREME COURT FOR THE VIEW THAT THE CONSTITUTION
GUARANTEES INDIVIDUAL & BUSINESS ENTERPRISE
AGAINST GOVERNMENT INTERVENTION.
þ SLAUGHTERHOUSE CASE OF 1873:
þ LA PASSED LAW INTENDED TO PROTECT
PUBLIC
HEALTH IN NEW ORLEANS.
þ IT LIMITED OPERATION OF SLAUGHTERHOUSES,
GIVING A MONOPLY TO A SINGLE
CO.
þ LAW OPPOSED BY BUTCHERS & CATTLE
DEALERS.
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U.S. SUPREME COURT JUSTICE STEPHEN J. FIELD
[1816-1899] [C]
þ SLAUGHTERHOUSE CASE [C]
þ ARGUED THAT THEY HAD BEEN CUT OUT
OF
BUSINESS WITHOUT DUE PROCESS
OF LAW,
CONTRARY TO 14TH AMENDMENT.
þ IN DISSENTING OPINION, FIELD ARGUED
THAT
RIGHT TO OPERATE A SLAUGHTERHOUSE
OR ANY
OTHER BUSINESS WAS RIGHT THAT
COULD NOT BE
REMOVED BY GOVN.
þ BY 1886, WHOLE COURT CAME TO ACCEPT FIELD'S
POSITION.
þ IN 1880S, A CA COUNTY IMPOSED SPECIAL TAXES ON
THE SOUTHERN PACIFIC RAILWAY. UNDER 14TH
AMENDMENT, THESE TAXES WERE DECLARED INVALID.
þ BECUASE OF FIELD'S STANCE, MUCH STATE LEGISLATION
REGULATING BUSINESS WAS STRUCK DOWN:
þ REG. ON HOURS OF WORK.
þ REG. ON CHILD LABOR.
þ REG. ON FACTORY CONDITIONS, ETC.
þ IN SUM, AT A TIME WHEN INDUSTRIAL GROWTH WAS
CREATING MANY NEW PROBLEMS, THE PHILOSOPHY OF
UNRESTRICTED LAISSEZ-FAIRE WAS THE LAW OF THE
LAND IN THE U.S.
þ LITTLE INTERFERENCE WITH PRIVATE
ENTERPRISE
WAS PERMITTED.
þ ANDREW CARNEGIE WAS THE EMBODIMENT OF THE
PHILOSOPHY OF INDIVIDUALISM.