Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
Timeline
Year
Historical Event
Notes
1215
Magna Carta
1776
Declaration of
Independence
Emergence of jury
by one’s peers.
Emergence of
principle of
legality, to prohibit
arbitrary action by
the King. Contains
ideas included in
the Bill of Rights
and due process
clauses.
The 13 American
colonies severed
their political
connections to
Great Britain.
1787
James Madison
writes in the
federalist papers
Case or Law
Key Facts
Holding
Ensure that the
government can
control itself.
Evidences
suspicion of
unchecked
government power.
1788
US Constitution
Ratified
1
Official Framework
of the Government
of the USA
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
1857
Dred Scott v.
Sandford,
60 US 393
1861-1865
1865
US Civil War
1865-1877
Reconstruction
Passage of 13th
Amendment
1866
Civil Rights Act of
1866
1868
Passage of 14th
Amendment
2
Living in a free
state or territory did
not entitle an
enslaved person to
freedom. Slaves are
property and have
no standing to sue
Law abolishes
slavery
Reconstruction
attempts by federal
government to
redress inequities of
slavery
The legislation
granted all citizens
the “full and equal
benefit of all laws
and proceedings for
the security of
person and
property.” Except
Native Americans)
Implements due
process, equal
protection in states.
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
1870
Passage of 15th
Amendment
1873-1965
Redemption
1880-1968
Jim Crow
Gives African
American men right
to vote.
Return of white
supremacy, and
efforts to resubjugate African
Americans
Legalized
segregation and
enactment of laws
to subjugate
African Americans
1882
Chinese Exclusion
Act
1886
Yick Wo v.
Hopkins, 118 US
356
3
A law made it
illegal for Chinese
workers to
immigrate to the
US and for Chinese
nationals residing
here to become
citizens
A law which is fair
on its face, but is
applied in a
discriminatory
fashion “against a
particular class of
persons “ may be
unconstitutional.
The 14th
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
Amendment applies
to residents, not just
citizens.
1887
Creation of
Interstate
Commerce
Commission
1900-1920
Progressive Era
This is the first
regulatory
commission in
American History.
It is designed to
prevent abuses by
the railroads. It is a
multi-member
commission.
The progressives
worked to make
American society a
better and safer
place in which to
live. They tried to
make big business
more responsible
through regulations
of various kinds.
1908
Londoner
4
Imposition of a
special assessment
(a tax).
Landowners receive
some process
before tax can be
assessed against
their property.
When agencies
engage in
adjudication against
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
1908
North American
Cold Storage v.
City of Chicago
Chicago seizes
diseased poultry
1915
BiMetallic
Imposition of a tax
1928
Eastman
Independent
regulatory
commissions are
non-partisan.
Agency officials
should go about
their work without
partisan bias.
Agencies are
staffed with
5
a small number of
parties, some
procedure required.
In a public health
emergency a postseizure hearing may
be sufficient to
provide due process
to the property
owner.
When agencies
behave like
legislatures and
engage in highly
generalized
rulemaking,
Constitution does
not require
procedural
formality. (Other
statutes may)
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
technocratic experts
engaged in
scientific
management to
solve social
problems.
1929
Stock Market Crash
1929-1939
Great Depression
Worst economic
downturn in the
history of the
industrialized
world.
1931
1932
1933-1939
1938
Phillips v. IRS
Commissioner
FDR elected
president in a
landslide.
New Deal
Landis
Agencies should
have a lot of leeway
with minimal
judicial,
6
Fed Commissioner
assesses back taxes
against Phillips.
If an immediate
seizure is needed to
protect an
important
government
interest, a later
hearing is sufficient
to provide due
process.
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
presidential and
legislative
interference.
1939-1945
WWII
1947-1957
Second red scare
The Second Red
and rise of
Scare (1947-1957)
McCarthyism
was a fear-driven
phenomenon
brought on by the
growing power of
communist
countries in the
wake of the Second
World War,
particularly the
Soviet Union. The
U.S. also feared
that communist
agents had
infiltrated the
federal government.
A massive witch
hunt to root out
communist
sympathizers
ensued.
1950
Bailey v.
Richardson
(DC Circuit)
7
Bailey terminated
from governmental
employ for
disloyalty. Has no
Government job is
not property. No
right to hearing
under DPC.
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
opportunity to
know who accused
her. Requests a
hearing. Rated
ineligible for
federal
employment,
banned for three
years.
1951
Joint Anti-Fascist
Committee v.
McGrath
(Burton/Frankfurter
concurring)
1954
Brown v. Board
1960
Noll
He writes about
regulatory capture .
1961
Cafeteria and
Restaurant Workers
Union v. McElroy
8
Each term in the
phrase deprivation
of life, liberty, or
property without
due process of law
has a distinct
meaning. Example
of on/off switch
reasoning.
Justice Frankfurter
introduces
“grievous loss
theory” in
concurrence.
Justice Reed uses
“on/off switch”
approach in dissent.
Strikes down
separate but equal
in American
schools.
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
1964-1969
LBJ elected
President. Great
Society Begins.
1964
Civil Rights Act of
1964
1965
Voting Rights Act
of 1965
1968
1970
Goldberg v. Kelley
397 U.S. US 254
(Brennan)
1970
1970
1971
Wisconsin v.
Constantineau
400 U.S. 433
(Douglass)
9
States must afford
public aid
recipients a pretermination
evidentiary hearing
before
discontinuing their
aid.
Due process
requires notice and
an opportunity to
be heard before
the posting of a
stigmatizing
notice. The label or
characterization
given an individual
by "posting,"
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
1971
Bell v. Burson
402 US 535
(Brennan)
10
though a mark of
serious illness to
some, is to others
such a stigma or
badge of disgrace
that procedural
due process
requires notice and
an opportunity to
be heard.
Once issued,
licenses become
essential in the
pursuit of
livelihood, and
suspension of
issued licenses
involves state
action that
adjudicates
interests of
licensees, so due
process is required.
It is fundamental
that, except for in
emergency
situations, States
afford notice and
opportunity for
Professor Warigia M. Bowman
Administrative Law
Handout: Draft Timeline of Key Cases in historical context
September 8, 2021
Complete this on your own. Add in cases and historical events as necessary
hearing
appropriate to the
nature of a case
before terminating
an interest. This
case did not involve
an emergency
situation, and due
process was
violated.
1972
1975
1980
1985
1990
1995
11