Two Guys from Harrison-Allentown, Inc. v. McGinley | |
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Argued 8 December, 1960 Decided 29 May, 1961 | |
Full case name | Two Guys from Harrison-Allentown Incorporated, Appellant, versus Paul A. McGinley, District Attorney, County of Leigh, Pennsylvania, et al. |
Citations | 366 U.S. 582 ( more ) |
Argument | Oral argument |
Holding | |
Blue laws are constitutional. | |
Court membership | |
| |
Case opinions | |
Majority | Warren |
Dissent | Douglas |
Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U.S. 582 (1961), was a United States Supreme Court case in which the Court held that blue laws, which prohibited most businesses from operating on Sundays, did not violate either the Fourteenth Amendment's Equal Protection Clause or the First Amendment's Establishment Clause. It is considered a companion case to Gallagher v. Crown Kosher Super Market of Massachusetts, Inc. , McGowan v. Maryland , and Braunfeld v. Brown . [1] [2]
Two Guys was a discount department store which operated a location in Leigh County, Pennsylvania. Paul McGinley was the District Attorney of Lehigh County. [1]
The laws in question were a statute from 1939 and a supplementary statute from 1959. The 1939 statute prohibited "all worldly employment, business and sports" on Sundays, with some exceptions. [1]
Blue laws are laws restricting or banning certain activities on specified days, usually Sundays in the western world. The laws were adopted originally for religious reasons, specifically to promote the observance of the Christian day of worship. Since then, they have come to serve secular purposes as well.
The First Amendment to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.
The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. The primary focus of the doctrine is barring state protectionism. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or international commerce. Courts first determine whether a state regulation discriminates on its face against interstate commerce or whether it has the purpose or effect of discriminating against interstate commerce. If the statute is discriminatory, the state has the burden to justify both the local benefits flowing from the statute and to show the state has no other means of advancing the legitimate local purpose.
Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), was a landmark decision of the Supreme Court of the United States holding that the Commerce Clause gave the U.S. Congress power to force private businesses to abide by Title II of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, or national origin in public accommodations.
Wallace v. Jaffree, 472 U.S. 38 (1985), was a United States Supreme Court case deciding on the issue of silent school prayer.
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.
Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the US Supreme Court held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law that has been expressed prior to the conduct in issue. The holding is based on the Fourteenth Amendment prohibition by the Due Process Clause of ex post facto laws.
McGowan v. Maryland, 366 U.S. 420 (1961), was a United States Supreme Court case that affirmed the Maryland State Supreme Court's decision that the state's Sunday closing laws did not have a religious purpose to aid religion and that the secular purpose of the legislation to set aside a day of rest and recreation did not violate the Establishment Clause.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Stromberg v. California, 283 U.S. 359 (1931), was a landmark decision of the Supreme Court of the United States in which the Court held, 7–2, that a California statute banning red flags was unconstitutional because it violated the First and Fourteenth Amendments to the United States Constitution. In the case, Yetta Stromberg was convicted for displaying a red flag daily in the youth camp for children at which she worked, and was charged in accordance with California law. Chief Justice Charles Hughes wrote for the seven-justice majority that the California statute was unconstitutional, and therefore Stromberg's conviction could not stand.
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand. This is because constitutionally permissible activity may not be chilled because of a statute's vagueness. There are several reasons a statute may be considered vague; in general, a statute might be void for vagueness when an average citizen cannot generally determine what persons are regulated, what conduct is prohibited, or what punishment may be imposed. For example, criminal laws which do not state explicitly and definitely what conduct is punishable are void for vagueness. A statute is also void for vagueness if a legislature's delegation of authority to judges or administrators is so extensive that it could lead to arbitrary prosecutions. A law can also be "void for vagueness" if it imposes on First Amendment freedom of speech, assembly, or religion.
Braunfeld v. Brown, 366 U.S. 599 (1961), was a landmark case on the issue of religious and economic liberty decided by the United States Supreme Court. In a 6–3 decision, the Court held that a Pennsylvania blue law forbidding the sale of various retail products on Sunday was not an unconstitutional interference with religion as described in the First Amendment to the United States Constitution.
Thornhill v. Alabama, 310 U.S. 88 (1940), is a US labor law case of a United States Supreme Court. It reversed the conviction of the president of a local union for violating an Alabama statute that prohibited only labor picketing. Thornhill was peaceably picketing his employer during an authorized strike when he was arrested and charged. In reaching its decision, Associate Justice Frank Murphy wrote for the Supreme Court that the free speech clause protects speech about the facts and circumstances of a labor dispute. The statute in the case prohibited all labor picketing, but Thornhill added peaceful labor picketing to the area protected by free speech.
Gallagher v. Crown Kosher Super Market of Massachusetts, Inc., 366 U.S. 617 (1961), is a United States Supreme Court case that declared that a kosher butcher store had to abide by the state laws that banned them from selling on Sunday.
Religion and business have throughout history interacted in ways that relate to and affected one another, as well as influenced sociocultural evolution, political geographies, and labour laws. As businesses expand globally they seek new markets which leads to expanding their corporation's norms and rules to encompass the new locations norms which most often involve religious rules and terms.
Estate of Thornton v. Caldor, Inc., 472 U.S. 703 (1985), was a United States Supreme Court case in which the Court held that a state statute providing employees with an absolute right not to work on their chosen Sabbath violates the Establishment Clause of the First Amendment.
Packingham v. North Carolina, 582 U.S. 98 (2017), is a case in which the Supreme Court of the United States held that a North Carolina statute that prohibited registered sex offenders from using social media websites was unconstitutional because it violated the First Amendment to the U.S. Constitution, which protects freedom of speech.
Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. ___ (2017), was a case in which the Supreme Court of the United States held that a Missouri program that denied a grant to a religious school for playground resurfacing, while providing grants to similarly situated non-religious groups, violated the freedom of religion guaranteed by the Free Exercise Clause of the First Amendment to the United States Constitution.