Word: acted
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Dates: during 1910-1919
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...Adamson Act takes "liberty" and "property." Is the taking justified? Is it "due process"? The test of "due process" is whether the act has a "substantial and rational" or "reasonable" relation to the welfare of the public or any part of the public. Clearly it has some rational relation to the public welfare. The question then is, whether that is "substantial" or "reasonable." This is determined by balancing all the interests of society involved and determining whether the preponderant effect of the act is such that any generalization resulting from sustaining it will open an unobstructed way for attack...
...Act Within Sustaining Principle...
Against the validity of the act is the fundamental principle of the social order that industry and commerce shall be run by managers competitively selected and wielding the power which comes from the control of privately owned property rather than by the flats of legislators politically influenced and selected. The fact that the act fixes wages instead of leaving it to the free contract of the parties violates this principle. On the other hand, it is equally a fundamental principle of the social order that information shall be obtainable for use by the government, the parties in interest...
...weeks as well as at the close of the war. While the United States is not legally at war, it many be, either by actual hostilities between the armed forces of Germany and the United States or declaration by Germany, even before Congress has time to convene and act. Our relation with the Entente Allies of Europe will then be almost as important as the part we are to play in the actual conflict. The discussion of the problem of our foreign relations after the war by trained debaters who have made careful study and preparation should do much...
...April 25, 1898, Congress acting in accord with the above provision "declared that war exists and that war has existed since the 21st day of April, A.D., 1898, including said day." It is therefore seen to be possible for Congress to give a retroactive effect to a declaration of war and still to act within the constitutional limitations...