Minimum Competence

This Day in Legal History: The Immigration Act of 1882 On August 3, 1882, President Chester A. Arthur signed the Immigration Act of 1882, the first comprehensive federal law regulating immigration into the United States. Before this, immigration had largely been left to the individual states; this Act marked the moment the federal government claimed the subject as its own, and it built the first f...

This Day in Legal History: America’s First Patent On July 31, 1790, the United States issued its first patent under the newly enacted Patent Act of 1790. The patent was granted to Samuel Hopkins of Vermont for an improved method of producing potash and pearl ash, chemicals widely used in fertilizer, soapmaking, and glass production. President George Washington, Secretary of State Thomas Jefferson,...

This Day in Legal History: America’s First Representative Assembly On July 30, 1619, in a wooden church at Jamestown, twenty-two elected representatives took their seats alongside the governor and his council, and the first representative legislative assembly in what would become the United States came to order. This was the Virginia General Assembly—soon known through its elected chamber as the H...

This Day in Legal History: The First Hague Convention On July 29, 1899, delegates from twenty-six nations signed the first Hague Convention, the product of an international peace conference convened at the initiative of Russia’s Tsar Nicholas II. It was one of the founding moments of modern international law—an attempt, at the close of a violent century, to subject the conduct of war and the resol...

This Day in Legal History: Sonia Sotomayor Advances to the Supreme Court On July 28, 2009, the Senate Judiciary Committee voted to approve the nomination of Sonia Sotomayor to the Supreme Court, sending her to the full Senate, which confirmed her the following week. With that confirmation she became the first Hispanic justice—and only the third woman—ever to serve on the Court. Her path to the ben...

This Day in Legal History: The First Executive Department On July 27, 1789, President George Washington signed the act establishing the Department of Foreign Affairs—the first executive department created under the brand-new Constitution, and the direct ancestor of today’s State Department, which was renamed a few weeks later. It’s easy to overlook, but this was a foundational moment: the First Co...

This Day in Legal History: The Scottsboro Case On July 24, 1937, the state of Alabama dropped all charges against four of the nine young Black men known to history as the Scottsboro Boys—a small, belated measure of relief in one of the most notorious miscarriages of justice in American legal history, and a case that helped reshape constitutional criminal procedure. The nine, ranging in age from ap...

This Day in Legal History: Congress Shrinks the Supreme Court On July 23, 1866, Congress passed the Judicial Circuits Act, and in doing so did something that sounds almost unimaginable today: it shrank the Supreme Court. The Act provided that the Court would gradually contract from ten justices down to seven, as sitting justices died or retired and their seats simply went unfilled. Yesterday we ta...

This Day in Legal History: The Senate Rejects Court-Packing On July 22, 1937, the United States Senate rejected President Franklin D. Roosevelt’s plan to reorganize—critics said “pack”—the Supreme Court, voting 70 to 20 to send the bill to a quiet death. It was a stinging defeat for a president at the height of his popularity, delivered by his own party, and it settled a constitutional question th...

This Day in Legal History: The Dodd-Frank Act On July 21, 2010, President Barack Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act, the most sweeping overhaul of American financial regulation since the New Deal. It was a direct response to the 2008 financial crisis—the collapse that wiped out trillions in household wealth, toppled storied institutions like Lehman Brothers,...

This Day in Legal History: The Declaration of Sentiments On July 20, 1848, at the close of the two-day Seneca Falls Convention in upstate New York, roughly a hundred people signed the Declaration of Sentiments—the founding document of the organized women’s rights movement in the United States. Drafted principally by Elizabeth Cady Stanton, it was a deliberate and pointed act of legal argument: Sta...

This Day in Legal History: The National Minimum Drinking Age Act On July 17, 1984, President Ronald Reagan signed the National Minimum Drinking Age Act, the law that effectively set the drinking age at 21 across the entire country. What makes the Act a fixture of law-school classrooms isn’t the policy itself—it’s the clever, and constitutionally fraught, mechanism Congress used to achieve it. Here...

This Day in Legal History: The White House Tapes Revealed On July 16, 1973, before the Senate Watergate Committee and a live national television audience, a former White House aide named Alexander Butterfield answered a question that changed American history. Asked whether there was any kind of recording system in the White House, Butterfield confirmed that President Nixon had installed a secret,...

This Day in Legal History: The Housing Act of 1949 On July 15, 1949, President Harry Truman signed the Housing Act of 1949, a centerpiece of his “Fair Deal” and one of the most ambitious housing laws in American history. Its stated goal was breathtaking in scope: “a decent home and a suitable living environment for every American family.” To get there, the Act poured federal money into public hous...

This Day in Legal History: The Sedition Act of 1798 On July 14, 1798, Congress passed the Sedition Act, the most notorious of the four laws known collectively as the Alien and Sedition Acts. The Sedition Act made it a federal crime to write, print, utter, or publish “any false, scandalous and malicious writing” against the government of the United States, the Congress, or the President—with the in...

This Day in Legal History: The Northwest Ordinance On July 13, 1787, the Confederation Congress adopted the Northwest Ordinance, one of the most important laws in American history—and one passed under the Articles of Confederation, before the Constitution even existed. Its formal subject was dry: how to govern the vast territory north and west of the Ohio River. But in answering that question, it...

This Day in Legal History: The Scopes “Monkey Trial” Opens On July 10, 1925, the trial of John T. Scopes opened in the sweltering courthouse of Dayton, Tennessee. Scopes, a young high school teacher, stood accused of violating the state’s Butler Act, which made it a crime to teach human evolution in public schools. The case became one of the most famous trials in American history—less because of w...

This Day in Legal History: The Fourteenth Amendment Is Ratified On July 9, 1868, South Carolina and Louisiana became the final two states needed to push the Fourteenth Amendment over the three-quarters threshold, and with their votes the amendment was ratified into the Constitution. It is, by almost any measure, the most consequential of the Reconstruction amendments and arguably the most importan...

This Day in Legal History: Vermont Bans Slavery On July 8, 1777, delegates meeting in Windsor adopted the Constitution of the Vermont Republic—and in doing so, Vermont became the first place in North America to write the prohibition of slavery into its founding law. At a moment when the newly declared United States tolerated and protected human bondage, a small, unrecognized republic on the fronti...

This Day in Legal History: Sandra Day O’Connor Nominated to the Supreme Court On July 7, 1981, President Ronald Reagan announced that he was nominating Sandra Day O’Connor to the Supreme Court of the United States. If confirmed, she would become the first woman ever to serve on the Court in its then-191-year history. The Senate confirmed her later that summer by a vote of 99 to 0, and she took her...

This Day in Legal History: The Execution of Sir Thomas More On July 6, 1535, Sir Thomas More was beheaded at Tower Hill in London, convicted of high treason against King Henry VIII. More had been one of the most powerful men in England—a lawyer, a scholar, a former Lord Chancellor, the King’s own friend—and he went to the scaffold because he would not say the words the King demanded. The dispute w...

This Day in Legal History: Civil Rights Act of 1964 On July 2, 1964, President Lyndon B. Johnson signed the Civil Rights Act of 1964 into law. It was one of the most important pieces of legislation in American history, and it fundamentally transformed the legal landscape by banning discrimination based on race, color, religion, sex, or national origin in public accommodations, employment, educatio...

This Day in Legal History: Revenue Act of 1862 On this day in legal history, July 1, 1862, President Abraham Lincoln signed the Revenue Act of 1862, one of the most important financing measures of the Civil War. The Union war effort required enormous amounts of money, and Congress could no longer rely only on tariffs, loans, and traditional sources of federal revenue. The act created the Office of...

This Day in Legal History: Ada Kepley Graduates On June 30, 1870, Ada H. Kepley became the first woman in the United States to graduate from law school. She earned her degree from Union College of Law in Chicago, an institution later associated with Northwestern University School of Law. Kepley’s achievement came at a time when women were largely excluded from the legal profession, not only by cus...

This Day in Legal History: Furman v. Georgia On June 29, 1972, in a narrow 5-4 decision, the Supreme Court delivered what many thought was a death blow to capital punishment in America. In Furman v. Georgia, the Court held that the death penalty, as it was then being administered, violated the Eighth Amendment’s prohibition on cruel and unusual punishment because it was imposed arbitrarily and inc...