The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: November 7, 1922
11/7/1922: Oregon enacts the Compulsory Education Act.

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
Prof. Paula Abrams documents how this bill was promoted by Klansmen and Masons. The last part was embarrassing, so she highlighted Masonic dissenters who defended the private schools.
The fact is, a public-school monopoly was a logical, if extreme, consequence of mainstream promotion of public-school melting-pot ideology.
https://www.press.umich.edu/192896/cross_purposes
No, the monopoly was not at all inevitable. All the best schools started out as seminaries. And it was the missionaries that brought whatever education many in the West were able to get.
What gave public schools dominance was in lockstep with depriving students and parents of their rights.
So a Black nowadays has a free ride to the neighborhood sub-sub-standard school and gets out with so little education that he is not employable even at minimum wage
As the old saying goes: you get what you pay for.
"not at all inevitable"
This comment section is like Strawman Headquarters. Or maybe it's just the Internet in general.
The Power of Christ Compels You!!!
to go to School,
boy, those are some scary looking Sisters,
Frank "a Nun, a Rabbi, and a Priest walk into a Bar..."
In those days, Frank, camera speeds didn't accommodate any movement so even a backslapping clown would look solemn
Today, at the Supreme Court:
Michelle Cochran v. U.S. Securities and Exchange Commission
https://nclalegal.org/cochran-v-sec/
Anti-Catholic bigotry is a hallmark of this country's DNA, although not talked about in elite circles (because they hold it strongly).
For example, in Gerald Dunne's book on Hugo Black, a lifetime* member of the KKK), he notes,
Into this mental set, the anti-Catholic polemics of Paul Blanshard
of the post-World War II period, and Black's marked and
personally indexed copy of American Freedom and Catholic
Power corroborated the observation of Hugo Black, Jr.:
The Ku Klux Klan and Daddy, so far as I could tell,
had one thing in common. He suspected the Catholic
Church. He used to read all of Paul Blanshard's books
exposing the power abuse in the Catholic Church. He
thought the Pope and bishops had too much power and
property.
Dunne, Hugo Black and the Judicial Revolution (1978) at 268-9
* His "resignation letter" from the KKK was signed "Yours I.T.S.U.B. Hugo L. Black.” The initials ITSUB stood for “In the Sacred, Unfailing Bond."
Goes back before the Civil War with the Know-Nothing Party. There was also an Anti-Mason party in the 1820's and 1830s which is only remembered because they invented the presidential nominating convention.
Goes back in America to Maryland's founding as a Catholic refuge of sorts.
according to Catholic historian Kevin Starr (in "Continental Ambitions") it was not much of a refuge.
Better than no refuge. Better than nothing.
Enshrined in the Blaine Amendment
The Blaine amendments—a series of amendments to state constitutions in the late 19th century—aimed to prevent the use of public funds to support parochial schools.
I never knew that about Hugo Black!! Now I wonder if his racist past informed his opinion on Korematsu?
OK, not really surprising a DemoKKKrat Senator from Alabama in the 1920's not having the most "Progressive" attitudes on race, but what explains FDR?
Cleveland v. United States, 531 U.S. 12 (decided November 7, 2000): video poker licenses were not "property" so as to be predicate for prosecution under mail fraud statute (defendants had obtained licenses via applications with fraudulently concealed facts)
Powell v. Alabama, 287 U.S. 45 (decided November 7, 1932): in one of the earliest Incorporation decisions, Court holds that Sixth Amendment right to counsel was incorporated by Fourteenth Amendment; black defendants accused of raping white women on train should have been given court-appointed lawyer and been informed of their right to such (if I were an Alabaman I'd be proud: "we've prompted the creation of more civil rights law than any other state!")
The Max Morris v. Curry, 137 U.S. 1 (decided November 7, 1890): person injured on vessel can recover in admiralty suit even if part of the fault was his
I wonder if the Alabama Constitution in 1932 had a provision in it guaranteeing the right to counsel? Perhaps reading the opinion would answer my question.
It did (and presumably still does). See id. at 59.
Thanks
Captcrisis presumably knows this, but Powell v. Alabama is much better known as the Scottsboro Boys case.
Indeed. I should have mentioned that.
White women having sex with black men and then making false rape charges when caught was probably something that happened at other times too.
Lincoln was asked permission for Catholics to use the WH lawn for a church fundraiser.
"Lincoln helped ensure the event was a success on July 4 by attending. The event raised over $1,000.00, a very large sum at a time when a private soldier earned $14.00 per month. With the funds the church was constructed, the Blessed Martin De Porres Chapel, with the foundations hand dug by parishioners. The church quickly attracted a large number of black Catholics, but also a sizable number of white Catholics. In 1876, the church was replaced by Saint Augustine Catholic Church, which is still going strong."
Lincoln is the guide here not Faux Black Obama
Ahhh, ‘member when Republicans wanted iron-fisted government control of your kids’ education, and Democrats that parents should control it?
Good times, good times!
Also: It was a voter initiative, so another appearance of "We love democracy! Until we don't."