the us supreme court had 9 justices in 1869.
the us supreme court had 9 justices in 1869.
when did the us supreme court have 9 justices?
1869
like slavery, common law repression of labor unions was slow to be undone. in 1806, "commonwealth v pullis" held that a philadelphia shoemakers union striking for higher wages was an illegal "conspiracy", even though corporations - combinations of employers - were lawful. unions still formed and acted. the first federation of unions, the national trades union was established in 1834 to achieve a 10 hour working day, but it did not survive the soaring unemployment from the financial panic of 1837. in 1842, "commonwealth v hunt", held that "pullis" was wrong, after the boston journeymen bootmakers' society struck for higher wages. the first instance judge said unions would "render property insecure, and make it the spoil of the multitude, would annihilate property, and involve society in a common ruin". but in the massachusetts supreme judicial court, shaw cj held people "are free to work for whom they please, or not to work, if they so prefer" and could "agree together to exercise their own acknowledged rights, in such a manner as best to subserve their own interests." this stopped criminal cases, although civil cases persisted. in 1869 an organisation called the knights of labor was founded by philadelphia artisans, joined by miners 1874, and urban tradesmen from 1879. it aimed for racial and gender equality, political education and cooperative enterprise, yet it supported the alien contract labor law of 1885 which suppressed workers migrating to the us under a contract of employment. industrial conflicts on railroads and telegraphs from 1883 led to the foundation of the american federation of labor in 1886, with the simple aim of improving workers wages, housing and job security "here and now". it also aimed to be the sole federation, to create a strong, unified labor movement. business reacted with litigation. the sherman antitrust act of 1890, which was intended to sanction business cartels acting in restraint of trade, was applied to labor unions. in 1895, the us supreme court in "in re debs" affirmed an injunction, based on the sherman act, against the striking workers of the pullman company. the strike leader eugene debs was put in prison. in notable dissent among the judiciary, holmes j argued in "vegelahn v guntner" that any union taking collective action in good faith was lawful: even if strikes caused economic loss, this was equally legitimate as economic loss from corporations competing with one another. holmes j was elevated to the us supreme court, but was again in a minority on labor rights. in 1905, "lochner v new york" held that new york limiting bakers' working day to 60 hours a week violated employers' freedom of contract. the supreme court majority supposedly unearthed this "right" in the fourteenth amendment, that no state should "deprive any person of life, liberty, or property, without due process of law." with harlan j, holmes j dissented, arguing that the "constitution is not intended to embody a particular economic theory" but is "made for people of fundamentally differing views". on questions of social and economic policy, courts should never declare legislation "unconstitutional". the supreme court, however, accelerated its attack on labor in "loewe v. lawlor", holding that triple damages were payable by a striking union to its employers under the sherman act of 1890. this line of cases was finally quashed by the clayton act of 1914 §6. this removed labor from antitrust law, affirming that the "labor of a human being is not a commodity or article of commerce" and nothing "in the antitrust laws" would forbid the operation of labor organizations "for the purposes of mutual help".
united states labor law
the constitution gave the judiciary a strong influence over the composition of the constitutional court. originally, the court was to have 9 justices comprising six legal experts and three political science experts. a panel of 17 persons would propose 18 names from which parliament would elect the 9 justices. the panel president would be the president of the supreme court, the panel itself would have included 4 political party representatives. the cda finally compromised and allowed 7 of the justices to be selected by the judiciary, while the remaining 8 justices would be selected by the senate from a list of supreme court nominees.
constitutional court of thailand