Monday, June 02, 2025

Today -100: June 2, 1925: The child is not the mere creature of the State


Thomas R. Marshall, aka Whatsisname, vice president under Woodrow Wilson and governor of Indiana before that, dies at 71 in the Willard Hotel, while reading the Bible. His Famous Quote, and the only thing he is remembered for: “What this country needs is a really good five-cent cigar.”

Deciding the case Pierce v. Society of Sisters, the Supreme Court unanimously overturns Oregon’s Ku Klux Klan-backed law requiring children (as of 1926) to attend public schools, a law aimed at putting Catholic parochial schools out of business, which the Court says would be depriving them of their property without due process. Justice James McReynolds writes, “The child is not the mere creature of the State,” saying parents have the right to direct the upbringing and education of their children. This case marks the beginning of the extension of the 14th Amendment to the states. The NYT editorial page thinks this decision bodes ill for Tennessee’s anti-evolution law when it reaches the Supreme Court (Spoiler Alert: it won’t reach the Supreme Court).

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