Buck Vs Bell Case Study

During the Progressive Era, pressure from labor, suffrage, and conservation movements profoundly changed the course of American history. Many of the reformers' ideas clashed with the male-dominated, capitalist economic structure present at the turn of the century. Some of the intended reforms opposed the current system, but the level of social unrest necessitated change. Businessmen and activists alike initiated the reforms during the Progressive Era. Government, due to the intention of calming the common man and quieting the seemingly more and more vocal middle class, supported them. In the final analysis, from the year 1900 to 1920, Progressive Era reformers were successful in bringing about reform to the United States.

During the post Civil War period many capitalists took over and ramped up industry. There were also individuals who took industries and monopolized them. Many historians who look back at these capitalists who shaped the post Civil War industry argue about whether they should be viewed as captains of industry who developed large industry, or as robber barons who used industry and monopolies to achieve wealth and take advantage of the working class. This essay will show why they were captains of industry.

The progressive era was a time period in America after reconstruction that took place from 1900 to 1920. The progressive era focused mainly on social and political reform, trying to fix America's economy by working towards equal conditions for individuals, stopping political corruption and increasing government intervention on social and economic issues. Progressivists were social activists and political reformers working to improve conditions and the treatment of the American people. They believed that the government could be a tool for change. Progressive reform started out as a social movement and later on took a more political stand. The progressive era was successful in the fight to reform the United States by improving industrialization, urbanization cities, and reforming America's social and gender classes.

After the end of the Civil War, industrialization and urbanization blossomed and changed the nation. Instead of presidential power, men were aiming to be industrial tycoons for their wealth and power. To the people, these capitalists were regarded as either admirable “captains of industry” or corrupt “robber barons”. Even though to some people they may seem like “captains of industry”, but they were actually corrupt “robber barons” for several reasons regarding corruption, employee issues, and matters of the social classes.

Progressivism began in the early 1900s. It had roots in several earlier movements such as the Liberal Republican and the Mugwumps. Progressivism centered in cities. Progressives were middle class and well educated. Progressives stayed in the political mainstream. They aimed not to remake American society, but to merely make the existing system work better and to do this they were willing to make compromises. Progressivism offered the middle class, business leader, and farmers a safe reform. By 1900 the American economy was strong. As a result people of all classes felt more confident and more willing to compromise. Progressives made city and state governments more democratic. They also tightened regulations on business. For Progressives, honest and efficient government was an important goal, but not the ultimate one. They saw government as a tool to be used to promote the welfare of all citizens. Regulating business was, for both city and state governments, a major part of that task. Progressives passed more laws aiming at protecting various groups, especially children.

The Progressive Era was a time period between the years 1900-1920 and it marked a time in American history in which society was bursting with enthusiasm to improve life in the industrial age by making political and social changes through government action that ultimately led to a higher quality of life for American citizens. Progressives were known for their beliefs in limiting the power of big business, strengthening the power of the states, and were advocators against corruption and social injustice. These progressive reformers as well as the Federal Government successfully managed to improve the quality of life and establish a precedent for a move active government, although neither was completely successful in solving significant

The Progressive Era cannot be characterized by one single event or person, but it certainly experienced multiple events and people who swam with high velocity in the sea of reformation. People such as Jane Addams, Teddy Roosevelt, and W.E.B DuBois led the progressive movement with their outspoken ideas and impact on the era. Events and works such as The Jungle by Upton Sinclair, Muller vs Oregon, and the Clayton Antitrust Act stand out as important and pivotal to the era. Between 1900 and 1920, many successful attempts at progressive legislature were led to enact overall moral and social reform throughout the United States, as evident in the growth of democracy, regulation of business, as well as the growth of women’s and worker’s rights. While many successful outcomes are believed to have come about during this era, the clear outlier is that of the livelihood of the African Americans, and how the government turned its back on an entire race for the better part of the 20th century.

Buck versus Bell 274 U.S. 2000 (1927) was the United States Supreme Court ruling that upheld a statue instituting compulsory sterilization of the unfit, including the mentally retarded “for the protection and health of the state.” (Holmes) It was largely seen as an endorsement of negative eugenics which is the attempt of science to improve the human race by eliminating “defectives” from the gene pool. (Elof) Paul Lombardo argues (in N.Y.U. Law Review, April 1985, 60(30):30-62) that the Buck case was a milestone in government power over individual rights. (Lambardo) In his essay “Carrie Buck’s Daughter: a popular, quasi-scientific idea can be a powerful tool for injustice,” Stephen Jay Gould attacks

From the ashes of the American Civil War period, the Gilded Age movement emerged into rapid economic growth. From the end of reconstruction in 1877 to the panic of 1893, the American economy nearly doubled in size. The expansion of Industrialization led to growing wages and the urge to work. As new machinery developed, so did the urgency for rapid production of manufactured goods. In this period, new ideas of time being money emerged. Big business men controlled the Gildan age instead of political leaders. Out of the rapid need to gain money and work harder, negative effects such as child labor, women labor, and unfair working conditions appear. In response, the progressivism era emerged. The Progressive movement arose as a response to negative effects of industrialization such as child labor and unemployment. Reformers longed to regulate private and large industries to strengthen working conditions for both employers and consumers Progressivism was an important political and social reformation from 1890-1920 that aimed to make major political and social reforms in effort to progress society after the negative outcomes of industrialization.

Accurately established by many historians, the capitalists who shaped post-Civil War industrial America were regarded as corrupt “robber barons”. In a society in which there was a severe imbalance in the dynamics of the economy, these selfish individuals viewed this as an opportunity to advance in their financial status. Thus, they acquired fortunes for themselves while purposely overseeing the struggles of the people around them. Presented in Document A, “as liveried carriage appear; so do barefooted children”, proved to be a true description of life during the 19th century. In hopes of rebuilding America, the capitalists’ hunger for wealth only widened the gap between the rich and poor.

There are many ways in which the progressive era saw expansion and restriction of political and economic freedoms. In the progressive era, the economy grew enormously. But because America was changing from a rural society to more of an urban scene, industrialization occurred. As a result, businesses were booming, which jump started the economy. This was the beginning of the uprising of America’s economy during the progressive era. Big business essentially became in control of the economy, and this is where we see those restrictions. Because big businesses were in control of the economy, greed became an epidemic among businesses and corporations which resulted in unfair working conditions and unsteady shifts for the working class. It also created a larger gab between the working class and the business owners in terms of wealth. However, this did not last long as reform came. These victories helped shape the expansion of the economy of the progressive era, which included a minimum wage, predictable 8-hour work shifts, and better working conditions. The economy thrived in which more people sought jobs and retention rates in jobs rose due to the better working conditions.

This onslaught of capitalism directly revolutionized modern industrialism as well as the industrial city. Machines morphed the predominately agricultural nation to a herd of factory and corporate workers. Swarms of people, both native and immigrant, flocked to major cities. “The present century has been marked by a prodigious increase in wealth-producing power. The utilization of steam and electricity, the introduction of improved processes and labor saving machinery, the greater subdivision and grander scale of production, the wonderful facilitation of exchanges, have multiplied enormously the effectiveness of labor.”(George, p.20) The major problem with this newfound industrialism was the way in which the workforce was treated. Capitalism was supposed to provide a way out, a way ascend the financial and social staircase, if you worked hard enough. This however was not the case, if you were a loyal, hardworking employee you simply got to keep your job, and if you were in any way injured or incompetent you were fired.

The Progressive Era was a term used to describe a time period that had numerous reforms to correct the problems of the country. The origins of this time period was created from the lower class aiming to, “eliminate corruption in government, regulate business practices, address health hazards, and improve working conditions.” Not only did the lower class support reform, but middle class workers too because they were in competition with immigrants for jobs or they were women struggling for the same rights that men had. Another reform Progressives wanted was the right to a direct say in the primaries of elections so the public had more control within government. With more control in the government, this would allow the power of big corporation to be limited and prevent future problems that the middle and lower classes could endure. These goals the reformers had in the Progressive Era, led to a plethora of movements and actions in

The Supreme Court decision in Buck v. Bell displays some clues to the values of early twentieth century American society. The interpretation of the 14th Amendment of the United States Constitution is the lynchpin of the decision, and the values of the court can be derived from it. In this essay I will demonstrate that the ambiguity of the Amendment in question has significant consequences, the ethics of the interpretation of the Amendment is derived form the paternalistic nature of the Constitution, and that equality of the law is subservient to the desire for a homogeneous and comfortable cultural environment.

In contrast to the "negative" eugenics position of the state of Virginia, involuntary sterilization laws emphasizing breeding restrictions for society's "unfit" neither benefit the welfare of the individual nor that of society for several moral and legal reasons. The legal validity of these involuntary sterilization laws would be challenged within the Supreme Court case of Buck v. Bell. In September of 1924, at the age of eighteen, Carrie Buck, an illegitimate daughter of an allegedly feebleminded woman, was admitted to the Virginia's State Colony for Epileptics and the Feebleminded. Six months earlier, the Virginia State Legislature decisively passed their involuntary sterilization bill authorizing the Superintendents of five state institutions to petition for the permission to sterilize inmates. Buck, who had a mental age of nine and an I.Q. of about fifty, had already given birth to an illegitimate child herself, who was allegedly feebleminded as well. At the time, the Superintendent of the State Colony, Dr. A. S. Priddy, petitioned for permission to sterilize this woman for fear that Buck would have more mentally defective children. The statute had provided that each Superintendent needed to receive permission from a special Board of Directors of that institution, who would hear the grounds for sterilization and determine whether or not to follow through on the operation. Priddy faced immense pressure from state officials to petition for sterilization, as