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165-687: The Staggers Rail Act of 1980 is a United States federal law that deregulated the American railroad industry to a significant extent, and it replaced the regulatory structure that had existed since the Interstate Commerce Act of 1887 . In the aftermath of the Great Depression and World War II , many privately owned, operated, and funded for-profit railroads were driven out of business by competition from publicly owned, operated, and funded Interstate highways , which almost always operated at
330-401: A jury , and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment ) or a settlement. U.S. courts pioneered the concept of the opt-out class action , by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into
495-542: A British classic or two, a famous old case, or a nod to Blackstone ; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general. Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce . The United States Code
660-470: A breach of general obligations imposed by law and not by contract. This broad family of civil wrongs involves interference "with person, property, reputation, or commercial or social advantage." Presidency of Richard Nixon Richard Nixon 's tenure as the 37th president of the United States began with his first inauguration on January 20, 1969, and ended when he resigned on August 9, 1974, in
825-547: A choice which Nixon believed would unite the party by appealing to both Northern moderates and Southerners disaffected with the Democrats. The choice of Agnew was poorly received by many; a Washington Post editorial described Agnew as "the most eccentric political appointment since the Roman Emperor Caligula named his horse a consul . In his acceptance speech, Nixon articulated a message of hope, stating, "We extend
990-441: A compromise based on Nixon's plan, but gave up when unable to get more than a 13–12 majority of his committee to support his compromise. Environmentalism had emerged as a major movement during the 1960s, especially after the 1962 publication of Silent Spring . Between 1960 and 1969, membership in the twelve largest environmental groups had grown from 124,000 to 819,000, and polling showed that millions of voters shared many of
1155-452: A court as persuasive authority as to how a particular statute or regulation may be interpreted (known as Skidmore deference), but are not entitled to Chevron deference. Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of
1320-566: A final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule. Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by
1485-585: A handful of areas like insurance , Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act ). After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it
1650-438: A legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by
1815-426: A lesser form of judicial deference known as Skidmore deference . Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis . During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like
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#17328447104361980-481: A loss, and airlines , which often used airports and dispatchers (in this case air traffic control by the FAA ) funded by public money. Not restricted by the requirement to break even, automobile use rose as infrastructure was constructed by the state, leading to the end of passenger train service on most railroads. Trucking businesses had become major competitors by the 1930s with the advent of improved paved roads. After
2145-502: A loss—only fueled more inflation. Despite their failure to rein in inflation, controls were slowly ended, and on April 30, 1974, their statutory authorization lapsed. Between Nixon's accession to office and his resignation in August 1974, unemployment rates had risen from 3.5% to 5.6%, and the rate of inflation had grown from 4.7% to 8.7%. Observers coined a new term for the undesirable combination of unemployment and inflation: " stagflation ",
2310-409: A matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine
2475-415: A medical issue and others categorizing the same offense as a serious felony . The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to
2640-779: A mistake. By the end of 1971, 156,000 U.S. soldiers remained in Vietnam; 276 American soldiers serving in Vietnam were killed in the last six months of that year. North Vietnam launched the Easter Offensive in March 1972, overwhelming the South Vietnamese army. In reaction to the Easter Offensive, Nixon ordered a massive bombing campaign in North Vietnam known as Operation Linebacker . As U.S. troop withdrawals continued, conscription
2805-521: A number of civil law innovations. In the United States, the law is derived from five sources: constitutional law , statutory law , treaties, administrative regulations , and the common law (which includes case law). If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by
2970-646: A particular shipper, and to the carrier serving a particular shipper. The judgments supported a second round of legislation. The major regulatory changes of the Staggers Act were as follows: The Act also had provisions allowing the Commission to require access by one railroad to another railroad's facilities if one railroad had effective "bottleneck" control of traffic. The provisions dealt with "reciprocal switching" (handling of railroad cars between long-haul rail carriers and local customers) and trackage rights . However,
3135-682: A phenomenon that would worsen after Nixon left office. One of Nixon's major promises in the 1968 campaign was to address what he described as the " welfare mess". The number of individuals enrolled in the Aid to Families with Dependent Children program had risen from 3 million in 1960 to 8.4 million in 1970, contributing to a drop in poverty . However, many Americans, particularly conservatives, believed that welfare programs discouraged individuals from finding employment ; conservatives also derided " welfare queens " who they alleged collected excessive amounts of welfare benefits. On taking office, Nixon established
3300-616: A prominent Democrat like Humphrey or Sargent Shriver into his administration, but was unsuccessful until early 1971, when former governor John Connally of Texas became Secretary of the Treasury. Connally would become one of the most powerful members of the cabinet and coordinated the administration's economic policies. In 1973, as the Watergate scandal came to light, Nixon accepted the resignations of Haldeman, Erlichman, and Mitchell's successor as attorney general, Richard Kleindienst . Haldeman
3465-523: A series of city riots in various cities, made 1968 the most tumultuous year of the decade. Throughout the year, Nixon portrayed himself as a figure of stability during a period of national unrest and upheaval. He appealed to what he later called the " silent majority " of socially conservative Americans who disliked the 1960s counterculture and the anti-war demonstrators. Nixon waged a prominent television advertising campaign, meeting with supporters in front of cameras. He promised " peace with honor " in
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#17328447104363630-625: A small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. Despite
3795-522: A subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis , a lower court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to
3960-523: A ten-year period, the railroads reversed their historic loss of traffic (as measured by ton-miles) to the trucking industry, and railroad industry profits began to recover, after decades of low profits and widespread railroad insolvencies. In 2007 the Government Accountability Office reported to Congress , "The railroad industry is increasingly healthy and rail rates have generally declined since 1985, despite recent rate increases.... There
4125-651: A two-year period, as the cumulative result of efforts to reform transport regulation begun in 1971, during the Nixon administration . The other two laws were the Airline Deregulation Act of 1978 and the Motor Carrier Act of 1980 . This legislation in effect superseded almost a century of detailed regulation begun with the establishment of the ICC in 1887. The Interstate Commerce Commission Termination Act of 1995 abolished
4290-400: A willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations. It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until
4455-427: A year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions . These may result in fines and sometimes the loss of one's driver's license, but no jail time. On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of
4620-455: Is my last press conference ." In the years after his defeat, Nixon established himself as an important party leader who appealed to both moderates and conservatives. Nixon entered the race for the 1968 Republican presidential nomination confident that, with the Democrats torn apart over the war in Vietnam, a Republican had a good chance of winning the presidency in November, although he expected
4785-441: Is no general federal common law . Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which
4950-513: Is assigned a law number, and prepared for publication as a slip law . Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large , and they are known as session laws . The Statutes at Large present a chronological arrangement of the laws in
5115-462: Is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers . Second,
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5280-423: Is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders. Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation , large fines , and orders to pay restitution directly to victims; while misdemeanors may lead to
5445-456: Is the most prominent of the small number of remaining equity courts. Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction. New York, Illinois, and California are
5610-554: Is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations , which are published in the Federal Register and codified into the Code of Federal Regulations . From 1984 to 2024, regulations generally also carried the force of law under the Chevron doctrine , but are now subject only to
5775-540: Is usually expressed in the form of various legal rights and duties). (The remainder of this article requires the reader to be already familiar with the contents of the separate article on state law .) Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration , but torts (see below) cannot. The majority of
5940-501: Is widespread consensus that the freight rail industry has benefited from the Staggers Rail Act." The Association of American Railroads , the principal railroad industry trade association, stated that the Staggers Act has led to a 51 percent reduction in average shipping rates, and $ 480 billion has been reinvested by the industry into their rail systems. The Staggers Act was one of three major deregulation laws passed by Congress in
6105-472: The 1960 presidential election by John F. Kennedy . In 1962 , Nixon ran for governor of California against incumbent Pat Brown , and was defeated handily, leading the media to label him as a "loser". This defeat was widely believed to be the end of his career; in an impromptu concession speech the morning after the election, Nixon famously blamed the media for favoring his opponent, saying, "you won't have Nixon to kick around anymore because, gentlemen, this
6270-410: The 1968 presidential election . Four years later, in the 1972 presidential election , he defeated Democrat nominee George McGovern , to win re-election in a landslide. Although he had built his reputation as a very active Republican campaigner , Nixon downplayed partisanship in his 1972 landslide re-election. Nixon's primary focus while in office was on foreign affairs . He focused on détente with
6435-543: The AFL–CIO and UAW . The following month Nixon proposed the Comprehensive Health Insurance Act, consisting of an employer mandate to offer private health insurance if employees volunteered to pay 25 percent of premiums, replacement of Medicaid by state-run health insurance plans available to all with income-based premiums and cost sharing, and replacement of Medicare with a new federal program that eliminated
6600-610: The California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already." Today, in the words of Stanford law professor Lawrence M. Friedman : "American cases rarely cite foreign materials. Courts occasionally cite
6765-619: The Clean Water Act . He signed the Endangered Species Act of 1973 , the primary law for protecting imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation". Nixon also pursued environmental diplomacy, and Nixon administration official Russell E. Train opened a dialog on global environmental issues with Soviet Ambassador Anatoly Dobrynin . Political scientists Byron Daines and Glenn Sussman rate Nixon as
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6930-448: The Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction , federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that
7095-476: The Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract. Tort law generally covers any civil action between private parties arising from wrongful acts that amount to
7260-508: The House of Representatives initiated impeachment proceedings. Facing removal by Congress, Nixon resigned from office. Though some scholars believe that Nixon "has been excessively maligned for his faults and inadequately recognised for his virtues", Nixon is generally ranked as a below average president in surveys of historians and political scientists . Richard Nixon had served as vice president from 1953 to 1961, and had been defeated in
7425-477: The Judiciary Acts ), and the beginning of regular verbatim publication of U.S. appellate decisions by West Publishing . The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as
7590-864: The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH). Other significant regulatory legislation enacted during Nixon's presidency included the Noise Control Act and the Consumer Product Safety Act . When Congress extended the Voting Rights Act of 1965 in 1970 it included a provision lowering the age qualification to vote in all elections—federal, state, and local—to 18. Later that year, in Oregon v. Mitchell (1970),
7755-593: The Office of Economic Opportunity , the Job Corps , and the Model Cities Program . Nixon advocated a " New Federalism ", which would devolve power to state and local elected officials, but Congress was hostile to these ideas and enacted only a few of them. During Nixon's tenure, spending on Social Security , Medicare , and Medicaid all increased dramatically. Total spending on social insurance programs grew from $ 27.3 billion in 1969 to $ 67.4 billion in 1975, while
7920-771: The People's Republic of China and the Soviet Union , easing Cold War tensions with both countries. As part of this policy, Nixon signed the Anti-Ballistic Missile Treaty and SALT I, two landmark arms control treaties with the Soviet Union. Nixon promulgated the Nixon Doctrine , which called for indirect assistance by the United States rather than direct U.S. commitments as seen in the ongoing Vietnam War . After extensive negotiations with North Vietnam , Nixon withdrew
8085-706: The United States Courts of Appeals , and 181 judges to the United States district courts . When Nixon took office in January 1969, the inflation rate had reached 4.7%, the highest rate since the Korean War . Johnson's Great Society programs and the Vietnam War effort had resulted in large budget deficits. There was little unemployment, but interest rates were at their highest in a century. Nixon's major economic goal
8250-669: The War on Cancer , resulted in passage that December of the National Cancer Act, which injected nearly $ 1.6 billion (equivalent to $ 9 billion in 2016) in federal funding to cancer research over a three-year period. It also provided for establishment of medical centers dedicated to clinical research and cancer treatment, 15 of them initially, whose work is coordinated by the National Cancer Institute . The second initiative, focused on Sickle-cell disease (SCD), resulted in passage of
8415-533: The military , money , foreign relations (especially international treaties), tariffs , intellectual property (specifically patents and copyrights ), and mail . Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation , telecommunications , railroads , pharmaceuticals , antitrust , and trademarks . In some areas, like aviation and railroads,
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#17328447104368580-447: The rule of law . The contemporary form of the rule is descended from Justice Louis Brandeis 's "landmark dissent in 1932's Burnet v. Coronado Oil & Gas Co .", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Here is a typical exposition of how public policy supports
8745-420: The " noise-polluting " Supersonic transport (SST), which Congress dropped funding for in 1971. Additionally, he vetoed the Clean Water Act of 1972, and after Congress overrode the veto, Nixon impounded the funds Congress had authorized to implement it. While not opposed to the goals of the legislation, Nixon objected to the amount of money to be spent on reaching them, which he deemed excessive. Faced as he
8910-519: The 20th century in 1971. Bowles points out, "by identifying himself with a policy whose purpose was inflation's defeat, Nixon made it difficult for Democratic opponents ... to criticize him. His opponents could offer no alternative policy that was either plausible or believable since the one they favored was one they had designed but which the president had appropriated for himself." Nixon's policies dampened inflation in 1972, but their aftereffects contributed to inflation during his second term and into
9075-440: The 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations ), states are the plenary sovereigns , each with their own constitution , while the federal sovereign possesses only the limited supreme authority enumerated in
9240-525: The Cambodian government of Lon Nol , which was then battling a Khmer Rouge insurgency in the Cambodian Civil War , as part of Operation Freedom Deal . In 1971, Nixon ordered incursions into Laos to attack North Vietnamese bases, provoking further domestic unrest. That same year, excerpts from the " Pentagon Papers " were published by The New York Times and The Washington Post . When news of
9405-461: The Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract , tort , property , probate , criminal and family law , experienced by citizens on a day-to-day basis) consists primarily of state law , which, while sometimes harmonized, can and does vary greatly from one state to
9570-468: The Council of Urban Affairs, under the leadership of Daniel Patrick Moynihan, to develop a welfare reform proposal. Moynihan's proposed plan centered on replacing welfare programs with a negative income tax , which would provide a guaranteed minimum income to all Americans. Nixon became closely involved in the proposal and, despite opposition from Arthur Burns and other conservatives, adopted Moynihan's plan as
9735-551: The District of Columbia Crime Control Bill, which included no-knock warrants and other provisions that concerned many civil libertarians. In response to growing drug-related crime, Nixon became the first president to emphasize drug control, and he presided over the establishment of the Drug Enforcement Administration . After a nearly decade-long national effort , the United States won the race to land astronauts on
9900-523: The ERA or their cause after his election. Nevertheless, he appointed more women to administration positions than Lyndon Johnson had. Upon taking office, Nixon pronounced the " Nixon Doctrine ", a general statement of foreign policy under which the United States would not "undertake all the defense of the free nations." While existing commitments would be upheld, potential new commitments would be sharply scrutinized. Rather than becoming directly involved in conflicts,
10065-647: The Ford administration. As Nixon began his second term, the economy was plagued by a stock market crash , a surge in inflation, and the 1973 oil crisis . With the legislation authorizing price controls set to expire on April 30, the Senate Democratic Caucus recommended a 90-day freeze on all profits, interest rates, and prices. Nixon re-imposed price controls in June 1973, echoing his 1971 plan, as food prices rose; this time, he focused on agricultural exports and limited
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#173284471043610230-867: The House or the Senate in the concurrent congressional elections . For the major decisions of his presidency, Nixon relied on the Executive Office of the President rather than his Cabinet. Chief of Staff H. R. Haldeman and adviser John Ehrlichman emerged as his two most influential staffers regarding domestic affairs, and much of Nixon's interaction with other staff members was conducted through Haldeman. Early in Nixon's tenure, conservative economist Arthur F. Burns and liberal former Johnson administration official Daniel Patrick Moynihan served as important advisers, but both had left
10395-554: The ICC and created its successor agency, the Surface Transportation Board , an administrative affiliate of the United States Department of Transportation . United States federal law The law of the United States comprises many levels of codified and uncodified forms of law , of which the supreme law is the nation's Constitution , which prescribes the foundation of the federal government of
10560-678: The Medicare Part A payroll tax. In December 1973, he signed the Health Maintenance Organization Act of 1973 , establishing a trial federal program to promote and encourage the development of HMOs. There was a renewed push for health insurance reform in 1974. In January, representatives Martha Griffiths and James C. Corman introduced the Health Security Act, a universal national health insurance program providing comprehensive benefits without any cost sharing backed by
10725-608: The Moon on July 20, 1969, with the flight of Apollo 11 . Nixon spoke with Neil Armstrong and Buzz Aldrin during their moonwalk, calling the conversation "the most historic phone call ever made from the White House". Nixon, however, was unwilling to keep funding for the National Aeronautics and Space Administration (NASA) at the high level seen through the 1960s, and rejected NASA Administrator Thomas O. Paine 's ambitious plans for
10890-769: The National Sickle Cell Anemia Control Act in May 1972. Long ignored, the lifting of SCD from obscurity to high visibility reflected the changing dynamics of electoral politics and race relations in America during the early 1970s. Under this legislation, the National Institutes of Health established several sickle cell research and treatment centers and the Health Services Administration established sickle cell screening and education clinics around
11055-453: The Nixon campaign interfered with any ongoing negotiations between the Johnson administration and the South Vietnamese by engaging Anna Chennault , a prominent Chinese-American fundraiser for the Republican party. Whether or not Nixon had any involvement, the peace talks collapsed shortly before the election, blunting Humphrey's momentum. On election day, Nixon defeated Humphrey by about 500,000 votes, 43.4% to 42.7%; Wallace received 13.5% of
11220-413: The North Vietnamese, but negotiators were unable to reach an agreement. With the failure of the peace talks, Nixon implemented a strategy of " Vietnamization ," which consisted of increased U.S. aid and Vietnamese troops taking on a greater combat role in the war. To great public approval, he began phased troop withdrawals by the end of 1969, sapping the strength of the domestic anti-war movement. Despite
11385-675: The Senate had rejected President Johnson's nomination of Associate Justice Abe Fortas to succeed retiring Chief Justice Earl Warren . Months after taking office, Nixon nominated federal appellate judge Warren E. Burger to succeed Warren, and the U.S. Senate quickly confirmed him. Another vacancy arose in 1969 after Fortas resigned from the Court, partially due to pressure from Attorney General Mitchell and other Republicans who criticized him for accepting compensation from financier Louis Wolfson . To replace Fortas, Nixon successively nominated two Southern federal appellate judges, Clement Haynsworth and G. Harrold Carswell , but both were rejected by
11550-468: The Senate. Nixon then nominated federal appellate judge Harry Blackmun , who was confirmed by the Senate in 1970. The retirements of Hugo Black and John Marshall Harlan II created two Supreme Court vacancies in late 1971. One of Nixon's nominees, corporate attorney Lewis F. Powell Jr. , was easily confirmed. Nixon's other 1971 Supreme Court nominee, Assistant Attorney General William Rehnquist , faced significant resistance from liberal senators, but he
11715-416: The Supreme Court handed down its decision in the 1971 case of Swann v. Charlotte-Mecklenburg Board of Education , cross-district school busing it emerged as a major issue in both the North and the South. Swann permitted lower federal courts to mandate busing in order to remedy racial imbalance in schools. Though he enforced the court orders, Nixon believed that "forced integration of housing or education"
11880-440: The Supreme Court held that Congress had the authority to lower the voting age qualification in federal elections, but not the authority to do so in state and local elections. Nixon sent a letter to Congress supporting a constitutional amendment to lower the voting age, and Congress quickly moved forward with a proposed constitutional amendment guaranteeing the 18 year-old vote. Sent to the states for ratification on March 23, 1971,
12045-459: The United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making
12210-609: The United States would provide military and economic aid to nations that were subject to insurgency or aggression, or that were otherwise vital to U.S. strategic interests. As part of the Nixon Doctrine, the U.S. greatly increased arms sales to the Middle East , especially Israel , Iran , and Saudi Arabia . Another major beneficiary of aid was Pakistan , which the U.S. backed during the Bangladesh Liberation War . At
12375-574: The United States, as well as various civil liberties . The Constitution sets out the boundaries of federal law, which consists of Acts of Congress , treaties ratified by the Senate , regulations promulgated by the executive branch , and case law originating from the federal judiciary . The United States Code is the official compilation and codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in
12540-644: The Vietnam War clashed violently with police. The mayhem, which had been broadcast to the world in television, crippled the Humphrey campaign. Post-convention Labor Day surveys had Humphrey trailing Nixon by more than 20 percentage points. In addition to Nixon and Humphrey, the race was joined by former Democratic governor George Wallace of Alabama, a vocal segregationist who ran on the American Independent Party ticket. Wallace held little hope of winning
12705-414: The Vietnam War but did not release specifics of how he would accomplish this goal, resulting in media intimations that he must have a "secret plan". Humphrey's polling position improved in the final weeks of the campaign as he distanced himself from Johnson's Vietnam policies. Johnson sought to conclude a peace agreement with North Vietnam in the week before the election; controversy remains over whether
12870-660: The Vietnam War could not be won and he was determined to end the war quickly. Conversely, Black argues that Nixon sincerely believed he could intimidate North Vietnam through the Madman theory . Regardless of his opinion of the war, Nixon wanted to end the American role in it without the appearance of an American defeat, which he feared would badly damage his presidency and precipitate a return to isolationism . He sought some arrangement which would permit American forces to withdraw, while leaving South Vietnam secure against attack. In mid-1969, Nixon began efforts to negotiate peace with
13035-491: The White House by the end of 1970. Conservative attorney Charles Colson also emerged as an important adviser after he joined the administration in late 1969. Unlike many of his fellow Cabinet members, Attorney General John N. Mitchell held sway within the White House, and Mitchell led the search for Supreme Court nominees. In foreign affairs, Nixon enhanced the importance of the National Security Council , which
13200-507: The White House. He also created the Domestic Council , an organization charged with coordinating and formulating domestic policy. Nixon attempted to centralize control over the intelligence agencies, but he was generally unsuccessful, in part due to pushback from FBI director J. Edgar Hoover . Despite his centralization of power in the White House, Nixon allowed his cabinet officials great leeway in setting domestic policy in subjects he
13365-496: The army to keep the postal system going. In the end, the government met the postal workers' wage demands, undoing some of the desired budget-balancing. In December 1969, Nixon somewhat reluctantly signed the Tax Reform Act of 1969 despite its inflationary provisions; the act established the alternative minimum tax , which applied to wealthy individuals who used deductions to limit their tax liabilities. In 1970, Congress granted
13530-406: The average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior. American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which
13695-472: The budgets of their respective departments. Nixon did not appoint any female or African American cabinet officials, although Nixon did offer a cabinet position to civil rights leader Whitney Young . Nixon's initial cabinet also contained an unusually small number of Ivy League graduates, with the notable exceptions of George P. Shultz and Elliot Richardson , who each held three different cabinet positions during Nixon's presidency. Nixon attempted to recruit
13860-563: The central legislative proposal of his first year in office. In an August 1969 televised address, Nixon proposed the Family Assistance Plan (FAP), which would establish a national income floor of $ 1600 per year for a family of four. Public response to the FAP was highly favorable, but it faced strong opposition in Congress, partly due to the lack of congressional involvement in the drafting of
14025-405: The charges. For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as
14190-467: The class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving
14355-405: The common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants. As common law courts, U.S. courts have inherited the principle of stare decisis . American judges, like common law judges elsewhere, not only apply the law, they also make the law, to
14520-418: The country. Nixon proposed reducing the number of government departments to eight. Under his plan, the existing departments of State , Justice , Treasury , and Defense would be retained, while the remaining departments would be folded into the new departments of Economic Affairs, Natural Resources, Human Resources, and Community Development. Although Nixon did not succeed in this major reorganization, he
14685-456: The courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), there
14850-542: The crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. All states have somewhat similar laws in regard to "higher crimes" (or felonies ), such as murder and rape , although penalties for these crimes may vary from state to state. Capital punishment
15015-490: The dollar to float against other currencies, and ended the convertibility of the dollar into gold. Nixon's monetary policies effectively took the United States off the gold standard and brought an end to the Bretton Woods system , a post-war international fixed exchange-rate system . Nixon believed that this system negatively affected the U.S. balance of trade ; the U.S. had experienced its first negative balance of trade of
15180-558: The draft between 1970 and 1973. A wave of protests swept the country in reaction to the invasion of Cambodia. In what is known as the Kent State shootings , a protest at Kent State University ended in the deaths of four students after the Ohio Army National Guard opened fire on an unarmed crowd. The shootings increased tensions on other college campuses, and more than 75 colleges and universities were forced to shut down until
15345-550: The election outright, but he hoped to deny either major party candidate a majority of the electoral vote , thus sending the election to the House of Representatives , where segregationist congressmen could extract concessions for their support. The assassinations of Kennedy and Martin Luther King Jr. , combined with disaffection towards the Vietnam War, the disturbances at the Democratic National Convention, and
15510-462: The election to be as close as in 1960. One year prior to the 1968 Republican National Convention the early favorite for the party's presidential nomination was Michigan governor George Romney , but Romney's campaign foundered on the issue of the Vietnam War . Nixon established himself as the clear front-runner after a series of early primary victories. His chief rivals for the nomination were Governor Ronald Reagan of California, who commanded
15675-671: The establishment of a permanent base on the Moon by the end of the 1970s and the launch of a crewed expedition to Mars in the 1980s. On May 24, 1972, Nixon approved a five-year cooperative program between NASA and the Soviet space program , culminating in the Apollo–Soyuz Test Project , a joint mission of an American Apollo and a Soviet Soyuz spacecraft in 1975. Nixon submitted two significant medical research initiatives to Congress in February 1971. The first, popularly referred to as
15840-545: The exact order that they have been enacted. Public laws are incorporated into the United States Code , which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives , and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows
16005-412: The extent that their decisions in the cases before them become precedent for decisions in future cases. The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted " reception statutes " which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it
16170-677: The face of almost certain impeachment and removal from office, the only U.S. president ever to do so. He was succeeded by Gerald Ford , whom he had appointed vice president after Spiro Agnew became embroiled in a separate corruption scandal and was forced to resign. Nixon, a prominent member of the Republican Party from California who previously served as vice president for two terms under president Dwight D. Eisenhower from 1953 to 1961, took office following his narrow victory over Democrat incumbent vice president Hubert Humphrey and American Independent Party nominee George Wallace in
16335-467: The failure of Operation Lam Son 719 , which was designed to be the first major test of the South Vietnamese Army since the implementation of Vietnamization , the drawdown of American soldiers in Vietnam continued throughout Nixon's tenure. In early 1970, Nixon sent U.S. and South Vietnamese soldiers into Cambodia to attack North Vietnamese bases, expanding the ground war out of Vietnam for
16500-581: The federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States , by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution , thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent ; this power
16665-450: The federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari . State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to
16830-439: The federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law , there are powerful laws at both the federal and state levels that coexist with each other. In
16995-646: The federalization of Medicaid for poor families with dependent minor children, and support for health maintenance organizations (HMOs). This market-based system would, Nixon argued, "build on the strengths of the private system." Both the House and Senate held hearings on national health insurance in 1971, but no legislation emerged from either committee. In October 1972, Nixon signed the Social Security Amendments of 1972, extending Medicare to those under 65 who had been severely disabled for over two years or had end stage renal disease and gradually raising
17160-640: The first Democratic Party primary on March 12 in New Hampshire, and the closeness of the results startled the party establishment and spurred Senator Robert F. Kennedy of New York to enter the race. Two weeks later, Johnson told a stunned nation that he would not seek a second term. In the weeks that followed, much of the momentum that had been moving the McCarthy campaign forward shifted toward Kennedy. Vice President Hubert Humphrey declared his own candidacy, drawing support from many of Johnson's supporters. Kennedy
17325-494: The first time that an intra-term vacancy in the office of vice president was filled. The Speaker of the House , Carl Albert from Oklahoma, was next in line to the presidency during the 57-day vacancy. Nixon made four successful appointments to the Supreme Court while in office, shifting the Court in a more conservative direction following the era of the liberal Warren Court . Nixon took office with one pending vacancy, as
17490-467: The first time. He had previously approved a secret B-52 carpet bombing campaign of North Vietnamese positions in Cambodia in March 1969 (code-named Operation Menu ), without the consent of Cambodian leader Norodom Sihanouk . Even within the administration, many disapproved of the incursions into Cambodia, and anti-war protesters were irate. The bombing of Cambodia continued into the 1970s in support of
17655-477: The form of Supplemental Security Income , which provides aid to low-income individuals who are aged or disabled. The Nixon administration adopted a "low profile" on school desegregation, but the administration enforced court desegregation orders and implemented the first affirmative action plan in the United States. Nixon also presided over the creation of the Environmental Protection Agency and
17820-461: The freeze to 60 days. The price controls became unpopular with the public and business people, who saw powerful labor unions as preferable to the price board bureaucracy. Business owners, however, now saw the controls as permanent rather than temporary, and voluntary compliance among small businesses decreased. The controls and the accompanying food shortages —as meat disappeared from grocery stores and farmers drowned chickens rather than sell them at
17985-549: The goals of environmentalists. Nixon was largely uninterested in environmental policy, but he did not oppose the goals of the environmental movement. In 1970, he signed the National Environmental Policy Act and established the Environmental Protection Agency , which was charged with coordinating and enforcing federal environmental policy. During his presidency, Nixon also signed the Clean Air Act of 1970, and
18150-440: The hand of friendship to all people... And we work toward the goal of an open world, open sky, open cities, open hearts, open minds." At the start of 1967, most Democrats expected that President Lyndon B. Johnson would be re-nominated. Those expectations were shattered by Senator Eugene McCarthy of Minnesota, who centered his campaign on opposition to Johnson's policies on the Vietnam War . McCarthy narrowly lost to Johnson in
18315-409: The issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself. The fifty American states are separate sovereigns , with their own state constitutions , state governments , and state courts . All states have
18480-695: The last U.S. soldiers from South Vietnam in 1973, ending the military draft that same year. To prevent the possibility of further U.S. intervention in Vietnam, Congress passed the War Powers Resolution over Nixon's veto. In domestic affairs, Nixon advocated a policy of " New Federalism ", in which federal powers and responsibilities would be shifted to state governments. However, he faced a Democratic Congress that did not share his goals and, in some cases, enacted legislation over his veto. Nixon's proposed reform of federal welfare programs did not pass Congress, but Congress did adopt one aspect of his proposal in
18645-433: The latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis ). The other major implication of
18810-428: The law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science. In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under
18975-426: The leak first appeared, Nixon was inclined to do nothing, but Kissinger persuaded him to try to prevent their publication. The Supreme Court ruled for the newspapers in the 1971 case of New York Times Co. v. United States , thereby allowing for the publication of the excerpts. By mid-1971, disillusionment with the war had reached a new high, as 71 percent of Americans believed that sending soldiers to Vietnam had been
19140-611: The legislation in July 1974. The Nixon years witnessed the first large-scale efforts to desegregate the nation's public schools. Seeking to avoid alienating Southern whites, whom Nixon hoped would form part of a durable Republican coalition, the president adopted a "low profile" on school desegregation. He pursued this policy by allowing the courts to receive the criticism for desegregation orders, which Nixon's Justice Department would then enforce. By September 1970, less than ten percent of black children were attending segregated schools. After
19305-721: The limit on hospital days, added income-based out-of-pocket limits, and added outpatient prescription drug coverage. In April, Kennedy and House Ways and Means committee chairman Wilbur Mills introduced the National Health Insurance Act, a bill to provide near-universal national health insurance with benefits identical to the expanded Nixon plan—but with mandatory participation by employers and employees through payroll taxes and with lower cost sharing. Both plans were criticized by labor, consumer, and senior citizens organizations, and neither gained traction. In mid-1974, shortly after Nixon's resignation, Mills tried to advance
19470-577: The loyalty of many conservatives , and Governor Nelson Rockefeller of New York, who had a strong following among party moderates . At the August Republican National Convention in Miami Beach, Florida , Reagan and Rockefeller discussed joining forces in a stop-Nixon movement, but the coalition never materialized and Nixon secured the nomination on the first ballot. He selected Governor Spiro Agnew of Maryland as his running mate,
19635-1132: The majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the National Center for State Courts ' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases. States have delegated lawmaking powers to thousands of agencies , townships , counties , cities , and special districts . And all
19800-406: The mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to
19965-528: The most famous is the Miranda warning . The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and Bivens actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading
20130-664: The most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure. Generally, American civil procedure has several notable features, including extensive pretrial discovery , heavy reliance on live testimony obtained at deposition or elicited in front of
20295-531: The new northeastern railroad system. The 4R reforms included allowance of a greater range for railroad pricing without close regulatory restraint, greater independence from collective rate making procedures in rail pricing and service offers, contract rates, and, to a lesser extent, greater freedom for entry into and exit from rail markets. Although the 4R Act established the guidelines, the ICC at first, did not give much effect to its legislative mandates. As regulatory change began to appear from 1976 to 1979, including
20460-646: The next. Even in areas governed by federal law, state law is often supplemented, rather than preempted. At both the federal and state levels, with the exception of the legal system of Louisiana , the law of the United States is largely derived from the common law system of English law , which was in force in British America at the time of the American Revolutionary War . However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated
20625-525: The number of racial minorities hired across the nation in various construction trades, implementing the first affirmative action plan in the United States. The Philadelphia Plan required government contractors in Philadelphia to hire a minimum number of minority workers. In 1970, Nixon extended the Philadelphia Plan to encompass all federal contracts worth more than $ 50,000, and in 1971 he expanded
20790-435: The only Republican president since World War II to have a positive impact on the environment, asserting that "Nixon did not have to be personally committed to the environment to become one of the most successful presidents in promoting environmental priorities." While applauding Nixon's progressive policy agenda, environmentalists found much to criticize in his record. The administration strongly supported continued funding of
20955-619: The operation convinced Nixon of the necessity to quickly reach a final agreement with North Vietnam. After years of fighting, the Paris Peace Accords were signed at the beginning of 1973. The agreement implemented a cease fire and allowed for the withdrawal of remaining American troops; however, it did not require the 160,000 North Vietnam Army regulars located in the South to withdraw. By March 1973, U.S. military forces had been withdrawn from Vietnam. Once American combat support ended, there
21120-559: The opposition. They were exposed when the break-in of the Democratic National Committee Headquarters ended in the arrest of five burglars. This kicked off the Watergate Scandal and gave rise to a congressional investigation. Nixon denied any involvement in the break-in. However, after a tape emerged revealing that Nixon had known about the White House connection to the burglaries shortly after they occurred,
21285-411: The passage of major environmental laws like the Clean Water Act , although that law was vetoed by Nixon and passed by override. Economically, the Nixon years saw the start of a period of " stagflation " that would continue into the 1970s. Nixon was far ahead in the polls in the 1972 presidential election, but during the campaign, Nixon operatives conducted several illegal operations designed to undermine
21450-416: The perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which
21615-417: The phasing in of the loss of collective ratemaking authority, most major railroads shifted away from their effort to maintain the historic regulatory system and came to support greater freedom for rail pricing, for higher and lower rail rates. Major railroad shippers also continued to believe that they would be better served by more flexibility to arrive at tailored arrangements that were mutually beneficial to
21780-633: The plan to encompass women and racial minorities. Nixon and Attorney General Mitchell also helped enact an extension of the Voting Rights Act of 1965 that expanded federal supervision of voting rights to all jurisdictions in which less than 50 percent of the minority population was registered to vote. Dean J. Kotlowski states that: Over the course of the Vietnam War, a large segment of the American population came to be opposed to U.S. involvement in South Vietnam. Public opinion steadily turned against
21945-463: The poverty rate dropped from 12.8 percent in 1968 to 11.1 percent in 1973. In August 1970, Democratic senator Ted Kennedy introduced legislation to establish a single-payer universal health care system financed by taxes and with no cost sharing . In February 1971, Nixon proposed a more limited package of health care reform, consisting of an employee mandate to offer private health insurance if employees volunteered to pay 25 percent of premiums,
22110-582: The presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth. Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until
22275-567: The present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. Congress often enacts statutes that grant broad rulemaking authority to federal agencies . Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under
22440-475: The president the power to impose wage and price controls , though the Democratic congressional leadership, knowing Nixon had opposed such controls through his career, did not expect Nixon to actually use the authority. With inflation unresolved by August 1971, and an election year looming, Nixon convened a summit of his economic advisers at Camp David . He then announced temporary wage and price controls, allowed
22605-532: The principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes. Regulations are adopted pursuant to the Administrative Procedure Act (APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received,
22770-663: The proposal became the Twenty-sixth Amendment to the United States Constitution on July 1, 1971, after being ratified by the requisite number of states (38). Nixon also endorsed the Equal Rights Amendment (ERA), which passed both houses of Congress in 1972 and was submitted to the state legislatures for ratification. The amendment failed to be ratified by 38 states within the period set by Congress for ratification. Nixon had campaigned as an ERA supporter in 1968, though feminists criticized him for doing little to help
22935-756: The proposal. Many conservatives opposed the establishment of the national income floor, while many liberals believed that the floor was too low. Though the FAP passed the House, the bill died in the Senate Finance Committee in May 1970. Though Nixon's overall proposal failed, Congress did adopt one aspect of the FAP, as it voted to establish the Supplemental Security Income program, which provides aid to low-income individuals who are aged or disabled. Determined to dismantle much of Johnson's Great Society and its accompanying federal bureaucracy, Nixon defunded or abolished several programs, including
23100-568: The provisions did not have as much effect as the others mentioned. The act was named for Harley Staggers (D-WV), who chaired the House Committee on Energy and Commerce . Studies of the rail industry showed dramatic benefits for both railroads and their users from the alteration to the regulatory system. According to studies by the Department of Transportation's Freight Management and Operations, railroad industry costs and prices were halved over
23265-580: The relevant state law is irrational or just bad public policy. Under Erie , such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed
23430-468: The rest were unpublished and bound only the parties to each case. As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and
23595-453: The rule of stare decisis . This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while
23760-422: The rule of binding precedent in a 2008 majority opinion signed by Justice Breyer : Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." Burnet v. Coronado Oil & Gas Co. [...] To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect
23925-593: The sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts . Parties are permitted to agree to arbitrate disputes arising from their contracts. Under
24090-564: The start of the next academic year. As the U.S. continually drew down the number of troops in Vietnam, the number of protests declined, especially after 1970. The Nixon administration vigorously prosecuted anti-war protesters like the " Chicago Seven ", and ordered the FBI, CIA, NSA, and other intelligence agencies to monitor radical groups. Nixon also introduced anti-crime measures like the Racketeer Influenced and Corrupt Organizations Act and
24255-448: The state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts. It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time,
24420-661: The time Nixon took office, there were over 500,000 American soldiers in Southeast Asia . Over 30,000 U.S. military personnel serving in the Vietnam War had been killed since 1961, with approximately half of those deaths occurring in 1968. The war was broadly unpopular in the United States with widespread and sometimes violent protests taking place on a regular basis. The Johnson administration agreed to suspend bombing in exchange for negotiations without preconditions, but this agreement never fully took force. According to Walter Isaacson , soon after taking office, Nixon concluded that
24585-504: The vote. Nixon secured 301 electoral votes to Humphrey's 191 and 46 for Wallace. Nixon gained the support of many white ethnic and Southern white voters who traditionally had supported the Democratic Party, but he lost ground among African American voters. In his victory speech, Nixon pledged that his administration would try to bring the divided nation together . Despite Nixon's victory, Republicans failed to win control of either
24750-696: The war following 1967, and by 1970 only a third of Americans believed that the U.S. had not made a mistake by sending troops to fight in Vietnam. Anti-war activists organized massive protests like the Moratorium to End the War in Vietnam , which attracted over 600,000 protesters in various cities. Opinions concerning the war grew more polarized after the Selective Service System instituted a draft lottery in December 1969 . Some 30,000 young men fled to Canada to evade
24915-616: The war, they expanded their operations as the highway network grew and acquired increased market share of the cargo business. Railroads continued to be regulated by the Interstate Commerce Commission (ICC) and a complex system for setting shipping rates. The Staggers Act followed the Railroad Revitalization and Regulatory Reform Act of 1976 (often called the "4R Act"), which reduced federal regulation of railroads and authorized implementation details for Conrail ,
25080-405: Was Governor of Maryland and vice president. On October 10, 1973, Agnew pleaded no contest to tax evasion and became the second vice president after John C. Calhoun to resign from office. Nixon used his authority under the 25th Amendment to nominate Gerald Ford for vice president. The well-respected Ford was confirmed by Congress and took office on December 6, 1973. This represented
25245-530: Was assassinated by Sirhan Sirhan in June 1968, leaving Humphrey and McCarthy as the two remaining major candidates in the race. Humphrey won the presidential nomination at the August Democratic National Convention in Chicago , and Senator Edmund Muskie of Maine was selected as his running mate. Outside the convention hall, thousands of young antiwar activists who had gathered to protest
25410-456: Was a brief truce, but fighting quickly broke out again, as both South Vietnam and North Vietnam violated the truce. Congress effectively ended any possibility of another American military intervention by passing the War Powers Resolution over Nixon's veto. The war concluded with the Fall of Saigon the year after Nixon's resignation, resulting in a unified communist Vietnam and a costly failure for
25575-711: Was able to convince Congress to eliminate one cabinet-level department, the United States Post Office Department . In July 1971, after passage of the Postal Reorganization Act , the Post Office Department was transformed into the United States Postal Service , an independent entity within the executive branch of the federal government. Nixon supported passage of the Occupational Safety and Health Act , which established
25740-485: Was just as improper as legal segregation, and he took a strong public stance against its continuation. The issue of cross-district busing faded from the fore of national politics after the Supreme Court placed limits on the use of cross-district busing with its decision in the 1974 case of Milliken v. Bradley . Nixon established the Office of Minority Business Enterprise to promote the establishment of minority-owned businesses. The administration also worked to increase
25905-536: Was led by National Security Advisor Henry Kissinger . Nixon's first secretary of state, William P. Rogers , was largely sidelined during his tenure, and in 1973, Kissinger succeeded Rogers as secretary of state while continuing to serve as National Security Advisor. Nixon presided over the reorganization of the Bureau of the Budget into the more powerful Office of Management and Budget , further concentrating executive power in
26070-513: Was not strongly interested in, such as environmental policy. In a 1970 memo to top aides, he stated that in domestic areas other than crime, school integration, and economic issues, "I am only interested when we make a major breakthrough or have a major failure. Otherwise don't bother me." Nixon recruited former campaign rival George Romney to serve as the secretary of housing and urban development, but Romney and Secretary of Transportation John Volpe quickly fell out of favor as Nixon attempted to cut
26235-478: Was reduced and in 1973 ended; the armed forces became all-volunteer. In the aftermath of the Easter Offensive, peace talks between the United States and North Vietnam resumed, and by October 1972 a framework for a settlement had been reached. Objections from South Vietnamese President Nguyễn Văn Thiệu derailed this agreement, and the peace talks broke down. In December 1972, Nixon ordered another massive bombing campaign, Operation Linebacker II ; domestic criticism of
26400-603: Was replaced by code pleading in 27 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery
26565-612: Was succeeded by Alexander Haig , who became the dominant figure in the White House during the last months of Nixon's presidency. As the Watergate scandal heated up in mid-1973, Vice President Spiro Agnew became a target in an unrelated investigation of corruption in Baltimore County, Maryland of public officials and architects, engineering, and paving contractors. He was accused of accepting kickbacks in exchange for contracts while serving as Baltimore County Executive , then when he
26730-411: Was to reduce inflation; the most obvious means of doing so was to end the war. As the war continued, the administration adopted a policy of restricting the growth of the money supply to address the inflation problem. In February 1970, as a part of the effort to keep federal spending down, Nixon delayed pay raises to federal employees by six months. When the nation's postal workers went on strike, he used
26895-426: Was ultimately confirmed. Burger, Powell, and Rehnquist all compiled a conservative voting record on the Court, while Blackmun moved to the left during his tenure. Rehnquist would later succeed Burger as chief justice in 1986. Nixon appointed a total of 231 federal judges, surpassing the previous record of 193 set by Franklin D. Roosevelt . In addition to his four Supreme Court appointments, Nixon appointed 46 judges to
27060-508: Was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide " cases or controversies " necessarily includes the power to decide the precedential effect of those cases and controversies. The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to
27225-468: Was with a generally liberal Democratic Congress, Nixon used his veto power on multiple occasions during his presidency. Congress's response came in the form of the Congressional Budget and Impoundment Control Act of 1974 , which established a new budget process, and included a procedure providing congressional control over the impoundment of funds by the president. Nixon, mired in Watergate, signed
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