Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P9

Gale Encyclopedia of American Law Volume 2 P9 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 68 BLUE RIBBON JURY Over time these exemptions produced a bewildering set of rules that appeared arbitrary and at times absurd. For example a hardware store could be open on Sundays and the proprietor could sell nails but not hammers. After world war ii and expansion of . consumer culture Sunday closing laws were repealed or were not enforced for commerce that did not involve the sale of alcohol. Nevertheless non-Christians and some business owners chafed under the restrictions that remained in force. The Supreme Court resolved the constitutionality of blue laws in McGowan v. Maryland 366 . 420 81 . 1101 6 393 1961 . The state of Maryland mandated that many businesses must be closed on Sunday. Occupations of necessity or charity were exempted from the law which included hospitals. Department stores could open on Sunday but only certain retail items could be sold on that day tobacco products candy milk bread fruit gasoline oils greases drugs medicines newspapers and magazines. Maryland fined the employees of a department store for selling items not on the exempted list. These items included a notebook a can of floor wax a stapler and staples and a toy submarine. The employees appealed their convictions all the way to the Supreme Court arguing that the Maryland blue law violated the equal protection and Due Process clauses of the fourteenth amendment as well as the First Amendment s Establishment Clause. They contended that the law was based on specific religious beliefs and compelled all persons to minimally observe the Christian day of worship. The Court rejected these arguments and upheld the law. Chief Justice earl warren writing for the majority acknowledged that the law and other similar laws had originally been enacted for religious purposes. He concluded however that the Sunday closing laws had evolved into further secular ends and that this defeated an Establishment Clause claim. The Court in reviewing the history of blue laws ruled that .

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