Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P44 doc

McCorvey, Norma. 1994. I Am Roe: My Life, Roe v. Wade, and Freedom of Choice. New York: HarperCollins. Palmer, Louis J. 2009. Encyclopedia of Abortion in the United States. 2d ed. Jefferson, N.C.: McFarland. Payment, Simone. 2003. Roe v. Wade: The Right to Choose. New York: Rosen. Perry, Michael J. 2009. Constitutional Rights, Moral Controversy, and the Supreme Court. New York: Cambridge University Press. Rubin, Eva R. 1987. Abortion, Politics and the Courts: Roe v. Wade and Its Aftermath. New York: Greenwood. Simon, James F. 1995. The Center Holds: The Power Struggle Inside the Rehnquist Court. New York: Simon & Schuster. CROSS REFERENCES Constitutional Amendment; Fetal Rights; Fetal Tissue Research; Parent and Child; Penumbra; Reproduction; Wattleton, Alice Faye. ROGATORY LETTERS See LETTERS ROGATORY. v ROGERS, WILLIAM PIERCE William Pierce Rogers served as U.S. attorney general from 1957 to 1961. Rogers, who later would serve as SECRETARY OF STATE in the Nixon administration, distinguished himself as attor- ney general by vigorously enforcing CIVIL RIGHTS laws and seeking ways of ending racially segregated public schools. Rogers was born on June 23, 1913, in Norfolk, New York. He graduated from Colgate University in 1934 and received his law degree from Cornell Law School in 1937. He was admitted to the New York bar in 1937 and entered private practice. Rogers was assistant district attorney for New York County from 1938 until 1942, when he joined the U.S. Navy, serving as a lieutenant commander during WORLD WAR II. In 1946, after the war, he returned to his district attorney position. Rogers’s career shifted from state to federal government in the late 1940s. In 1947 and 1948 he was chief counsel of the Senate War Investigating Committee, becoming chief coun- sel of the Senate Permanent Subcommittee on Investigations in 1949. In 1950 Roge rs returned to private practice in New York. With the election of President DWIGHT D. EISENHOWER, Rogers was soon back in Washington, becoming deputy attorney general in 1953. He assisted Attorney General HERBERT BROWNELL in the administration of the JUSTICE DEPARTMENT and became a key figure in the emerging debate over civil rights. In the wake of BROWN V. BOARD OF EDUCATION OF TOPEKA, KANSAS, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954), which prohibited state-imposed racial SEGREGATION in public schools, many southern communities pledged to defy or evade the U.S. Supreme Court decision. Some school boards closed the schools and encouraged attendance at white-only private schools, while others refused to integrate. Rogers was an advocate for federal leadership to end segregation and to promote INTEGRATION. He played a major role in the writing and enactment of the CIVIL RIGHTS ACT of 1957, 42 U.S.C.A. § 1975 et seq., the first federal civil rights legislation since the 1870s. Rogers also made the final case to President Eisenhower against CLEMENCY for Julius and Ethel Rosenberg, who were found guilty of CONSPIRACY to commit ESPIONAGE and were executed. ▼▼ ▼▼ Williams Pierce Rogers 1913–2001 1900 1950 1975 2000 1925 ❖ ❖ 1913 Born, Norfolk, N.Y. ◆ ◆ ◆ 1914–18 World War I 1939–45 World War II 1961-73 Vietnam War ◆ 1937 Graduated from Cornell Law School ◆ ◆ ◆ 2001 Died, Bethesda, Md. 1938–42 Served as assistant district attorney for New York County 1947–49 Served as chief counsel of the Senate War Investigating Committee 1949 Appointed chief counsel of the Senate Permanent Subcommittee on Investigations 1957–61 Served as U.S. attorney general under Eisenhower 1969–73 Served as secretary of state under Nixon 1986 Headed presidential commission investigating space shuttle Challenger's explosion 1970 Negotiated truce between Egypt and Israel along the Suez Canal 1957 Played major role in writing and enacting Civil Rights Act of 1957 1954 Supreme Court outlawed "separate but equal" education in Brown v. Board of Education 1950–53 Korean War 1953 Appointed deputy U.S. attorney general THERE CAN BE NO LASTING PEACE WITHOUT A JUST SETTLEMENT OF THE PROBLEMS OF T[ HE] PALESTINIANS [ WHICH] MUST TAKE INTO ACCOUNT THE DESIRES AND ASPIRATIONS OF [BOTH] THE REFUGEES AND THE LEGITIMATE CONCERNS OF THE GOVERNMENTS IN THE AREA . —WILLIAM ROGERS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 418 ROGATORY LETTERS In November 1957 President Dwight D. Eisenhower appointed Rogers to be attorney general. Rogers continued to enforce civil rights laws and to promote a vision of an integrated society. During his tenure, he also prosecuted several high-level Justice Department officials for corruption. Rogers remained attorney gen- eral until the end of the Eisenhower adminis- tration in January 1961. During the 1960s, Rogers resumed his law practice. In 1969, President RICHARD M. NIXON appointed Rogers to be secretary of state, a position that he held for the president’s entire first term. Rogers played a diminished role in foreign policy, however, because Nixon and National Security Adviser HENRY KISSINGER as- sumed most of the responsibility for charting relations with other nations. Rogers’s most notable accomplishment as secretary of state was in negotiating a truce between Egypt and Israel along the Suez Canal in 1970. He loyally defended the administration’s VIETNAM WAR policies but left all major policy decisions to Kissinger. Rogers retu rned to private practice in 1973. In 1986 he was asked to head a presidential commission to investigate the explosion of the Space Shuttle Challenger. The commission issued a report that was critical of the perfor- mance of the National Aeronautics and Space Administration. Rogers continued to practice law as a senior partnerforanumberofyearswiththe INTERNATIONAL LAW firm of Rogers & Wells. Rogers died January 2, 2001, in Bethesda, Maryland. FURTHER READINGS Meador, Daniel J. 1980. The President, the Attorney General, and the Department of Justice. Charlottesville, VA.: White Burkett Miller Center of Public Affairs, Univer- sity of Virginia. Powell, H. Jefferson. 1999. The Constitution and the Attorneys General. Durham, N.C: Carolina Academy Press. U.S. Department of Justice. 1985. Attorneys General of the United States, 1789–1985. Washington, D.C.: U.S. Government Printing Office. ROLL A record of the proceedings of a court or public office. Judgment Roll In some states, a judgment roll is required to be filed by the clerk of the court when a person enters judgment. It normally contains the summons, pleadings, admissions, and each judgment and order involving the merits of the case that affect the final judgment. In the federal courts and most state courts, judgments are recorded in the civil or criminal docket. In old English practice, a judgment roll was a roll of parchment containing the entries of the proceedings in an action at law including the ENTRY OF JUDGMENT. It was filed in the treasury of the court. Tax Roll A tax roll is a list of the persons and property subject to the payment of a particular tax, with the amounts due; it is compiled and verified in proper form to enable the collecting officers to enforce the tax. It is often combined with a record of assessed values. ROMAN LAW Between 753 B.C. and A.D. 1453 , the legal principles, procedures, and institutions of Roman law dominated Western, and parts of Eastern, civilization. The legal systems of western Europe, with the exception of Great Britain, are based on Roman law and are called civil-law systems. Even the common-law tradi- tion found in the English-speak ing world has been influenced by it. In the United States, the COMMON LAW has been paramount, but Roman law has influenced the law of the state of Louisiana, a former French territory that adopted a French civil-law code. Roman law began as an attempt to codify a set of legal principles for all citizens. In 450 B.C. the Twelve Tables were erected in the Roman Forum. Set forth in tablets of wood or bronze, the law was put on public display, where it could be invoked by persons seeking remedies for their problems. Though the texts of the tablets have not survived, historians believe they dealt with legal procedures, TORTS, and FAMILY LAW issues. From 753 to 31 B.C., the Roman republic developed the jus civile, or CIVIL LAW. This law was based on both custom and legislation and applied only to Roman citizens. By the third century B.C., the Romans developed the jus gentium, rules of INTERNATIONAL LAW that were applied to interactions between Romans and foreigners. Over time the jus gentium became a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ROMAN LAW 419 massive compendium of law produced by magistrates and governors. Romans divided the law into jus scriptum, written law, and jus non scriptum, unwritten law. The unwritten law was based on custom and usage, while the written law came from legisla- tion and many types of written sources, includ- ing edicts and proclamations issued by magis- trates, resolutions of the Roman Senate, laws issued by the emperor, and legal disquisitions of prominent lawyers. Roman law concerned itself with every type of legal issue, including contracts, inheritance of property, family law, business organizations, and criminal acts. Roman law steadily accumulated during the course of the empire, and over time it became contradictory and confusing. In the early sixth century A.D., the Byzantine emperor JUSTINIAN I, appointed a commission to examine the body of law and determine what should be kept and what should be discarded. From this effort came the Corpus Juris Civilis,a CODIFICATION of Roman law that became the chief lawbook of what remained of the Roman Empire. The decline of the Roman Empire also led to the dim inution of interest in Roman law in western Europe. The Corpus was unknown to western scholars for centuries. During the twelfth century, however, Roman law studies revived in western Europe. In the late eleventh century, a manuscript containing part of the Corpus was discovered in Pisa, Italy. The remainder of the compilation was soon recov- ered, and schools where Roman law could be studied were established in Bologna, Italy, and then elsewhere in Europe. By the twelfth century, commentaries on the Corpus Juris Civilis appeared, and in time men trained in Roman law found posts in secular and ecclesi- astical bureaucracies throughout Europe. As a result, the legal systems of the Catholic Church and of almost every country in Europe were influenced by Roman law. Around the year 1140, the scholar Gratian prepared the Concor- dance of Discordant Canons, or Decretum. The Decretum was the largest and best-organized compendium of canon (church) law up to that time. Gratian used the Corpus Juris Civilis as his model, and later canonists studying the Decre- tum used the same methods that Roman lawyers applied to the Corpus Juris Civilis. Many scholars became masters of both Roman and CANON LAW. Among the nations of western Europe, England, which had already established a viable common-law tradition and a system of royal courts by the time that Roman law became accessible, felt the impact of the revival of Roman law the least. Nevertheless, ENGLISH LAW drew upon Roman ADMIRALTY LAW, and the crimes of forgery and LIBEL were based on Roman models. English ecclesiastical courts applied canon law, which was based on Roman law, and the universities of Oxford and Cambridge taught canon and Roman law. Scholars have noted the similarities between the Roman and English actions of TRESPASS, and the equitable method of INJUNCTION may have been derived from canon law. Much of western European COMMERCIAL LAW, which contained Roman law, became part of English law without much change. The legal systems of most continental European nations owe their basic structures and categories to Roman law. Scholars point to several reasons for this “reception” of Roman law. In some areas such as southern France where remnants of Roman law had survived the collapse of the Roman Empire, the Corpus Juris Civilis helped to explain the institutions that were already in existence. More important in ensuring the reception of Roman law were the political principles that it contained. Law that had been produced in a centralized state under a sovereign emperor could be used to buttress the arguments of the European rulers as they struggled to assert their sovereignty over the feudal nobility. At the same time that many of these rulers were consolidating their power, they were also expanding royal administration. This created new positions in governme nt that often were filled by men with training in Roman law. Such men compiled collections of unwritten customs, drafted statutes, and presided over the courts, all of which provided opportunities for the penetration of Roman law. Roman law did not displace local customs. Instead, its influence was subtle and selective. A compiler of unwritten German customs might arrange the collection according to Roman principles of organization. A royal judge con- fronted with an issue on which customs of different regions in the kingdom disagreed might turn to Roman law, the only law in many cases that was common to the entire kingdom. Similarly, Roman law could be used when local GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 420 ROMAN LAW customs offered no solutions. For example, the Roman law of contracts was particularly influen- tial because European customary law had devel- oped in an agrarian economy and was often inadequate for an economy in which commerce played an increasingly larger role. After 1600 the reception of Roman law slowed in most countries but did not entirely disappear. In nineteenth-centu ry Europe, the Corpus Juris Civilis provided inspiration for several codifications of law, notably the Fre nch Code Napoléon of 1804, the Austrian code of 1811, the German code of 1889, and the Swiss codes of 1889 and 1907. Through these codes, elements of Roman law spread beyond Europe. The Code Napoléon served as a model for codes in Louisiana, Québec, Canada, and mos t of the countries of Latin America. German law influenced Hungarian, Brazilian, Japanese, and Greek law, and Turkey borrowed from Swiss law. In addition, the law of both Scotland and the Republic of South Africa derives from Roman law. Commentators, while noting the differences between common law and civil law, which is based on Roman law, also point out that these differences can be overemphasized. Common- law countries, like the United S tates, enact statu tes and even comprehensive codes, such as the UNIFORM COMMERCIAL CODE, while civil-law countries have laws that have been developed by the courts and not enacted through legislation. Roman law itself contained these conflicting impulses of codification and judicial interpretation. FURTHER READINGS Appel, Peter A. 2002. “Intervention in Roman Law: A Case Study in the Hazards of Legal Scholarship.” Georgia Journal of International and Comparative Law 31 (fall). Astorino, Samuel J. 2002. “Roman Law in American Law: Twentieth Century Cases of the Supreme Court.” Duquesne Law Review 40 (summer). Hoeflich, M. H. 1997. Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century. Athens: Univ. of Georgia Press. Kakan, Amir Aaron. 2006. “Evolution of American Law, From Its Roman Origin to the Present.” Orange County Lawyer 48 (February). CROSS REFERENCE Napoleonic Code. ROMER V. EVANS The amendment at issue in Romer v. Evans, known as Amendment 2, was placed on the November 1992 ballot following a petition drive. The amendment provided in part that neither the state nor any of its political subdivisions “shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian, or bisexual orientation, conduct, practices or relationships shall consti- tute or otherwise be the basis or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination . ” Romer v. Evans, 517 U.S. 620, 116 S. Ct. 1620, 134 L. Ed. 2d 855 (1996), is a landmark and controversial decision, in which the U.S. Supreme Court declared unconstitutional an amendment to the Colorado state constitution that prohibited state and local governments from enacting any law, regulatio n, or policy that would, in effect, protect the CIVIL RIGHTS of gays, lesbians, and bisexuals. The amendment was immediately chal- lenged in state court by eight individuals and the cities of Denver, Boulder , and Aspen, which had gay rights ordinances in effe ct. The plaintiffs sued Governor Roy Romer, Attorney General Gale Norton, and the State of Color- ado. The plaintiffs argued that the amendment violated their FIRST AMENDMENT right to free expression and their FOURTEENTH AMENDMENT right to EQUAL PROTECTION of the laws. They obtained a permanent INJUNCTION in state court that prevented the amendment from going into effect. In 1994 the Colorado Supreme Court affirmed the trial court (Evans v. Romer, 882 P.2d. 1335). The court applied the STRICT SCRUTINY standard in analyzing the amendment. This standard, which is the most exacting under the Equal Protection Clause, is reserved for laws or amendments that discriminate on a suspect basis (race, alien status, national ancestry, and ethnic origin). Laws will be upheld under strict scrutiny if they are supported by a compelling STATE INTEREST and are narrowly drawn to achieve that interes t in the least restrictive manner possible. Reviewing a series of U.S. Supreme Court decisions involving voter registration, legislative APPORTIONMENT, and attempts to limit the ab ility of certain groups to have legislation implem en- ted through the normal political processes, the court found a common thread. The Equal Protection Clause guarantees the FUNDAMENTAL GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ROMER V. EVANS 421 RIGHT to participate equally in the political process. Therefore, any attempt to infringe on that right “must be subject to strict scrutiny and can be held constitutionally valid only if supported by a compelling state interest.” Where the effect of a law is to exclude a class of voters, strict scrutiny must be applied. The Colorado Supreme Court found that the ultimate result of Amendment 2 was to prohibit any legislation concerning sexual orientation unless the state constitution was first amended to permit such measures. Unlike all other citizens, who could seek legislative redress, gays and lesbians would have to first amend the state constitution by a majority vote. Thus, the amendment singled out one form of DISCRIMINATION and prevented one class of persons from using normal political processes to overturn the discrimination. This discrimi- nation, coupled with the state’s failure to offer any compelling state interests that would justify the enactment of Amendment 2, led the court to invalidate the amendment. On appeal to the U.S. Supreme Court, Colorado arg ued that the amendment put gays and lesbians in the same position as all other persons and merely denied homosexuals special rights. Justice ANTHONY KENNEDY, in his majority opinion, rejected this interpretation as implau- sible. Relying on the Colorado Supreme Court’s reading of the amendment, Kennedy quoted a passage that noted that Amendment 2 would have forced the “repeal of existing statutes, regulations, ordinances, and policies of state and local entities that barred discrimination based on sexual orientation.” The enforcement of the amendment would lead to sweeping and comprehensive changes that, in Kennedy’s view, put homosexuals “in a solitary class with respect to transactions and relations in both the private and governmental spheres.” These modifications would produce far- reaching changes in the legal status of gays and lesbians and the structure and operation of modern anti-discrimination laws. Kennedy pointed out that the Boulder and Denver anti- discrimination ordinances prohibited discrimi- nation on account of sexual orientation in places of public accommodation, which include hotels, restaurants, hospitals, dental clinics, theaters, banks, common carriers, travel and insurance agencies, and shops and stores that provide goods and services. In addition, Amendment 2 would remove anti-discrimina- tion protections for all transactions involving housing, the sale of REAL ESTATE, insurance, health and welfare services, private education, and employment. Based on this analysis of the potential reach of Amendment 2, Kennedy concluded that the amendment went well beyond merely depriving gays and lesbians of special rights. The amend- ment imposed a “special disabil ity upon those persons alone.” The only way homosexuals could obtain CIVIL RIGHTS protection under Colorado law woul d be to convince enough citizens to vote to ame nd the state constitution. The kinds of protections that Amendment 2 would take away were those “against exclusion from an almost limitless number of transactions and endeavors that constitute civic life in a free society.” The key question for the Court was whether the amendment violated the Fourteenth Amendment’s Equal Protection Clause, which promises that no person shall be denied the equal protection of the laws. In equal protection cases, the Court will uphold a legislative classification if it neither burdens a fundamental right nor targets a particular protected class, and if it bears a rational relation to some legitimate end. In Romer this type of inquiry broke down because the amendment was both too narrow and too broad. It impos ed “a broad and undifferentiated disability on a single named group,” and the “sheer breadth is so discontin- uous with the reasons offered for it that the amendment seems inexplicable by anything but animus toward the class it affects; it lacks a rational relationship to legitimate state interests.” Justice Kennedy viewed the disqualification of gays and lesbians from the right to obtain specific protection from the law as unprece- dented and a denial of equal protection “in the most literal sense.” Reflecting on the constitu- tional tradition , he conclu ded that t he idea of the RULE OF LAW and the guarantee of equal protection were based on “the principle that government and each of its parts remain open on impartial terms to all who seek its assistance.” The Court drew from Amendment 2 “the inevitable inference that the disadvantage im- posed is born of animosity toward the class of persons affected. ” The desire to harm a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 422 ROMER V. EVANS politically unpopular group can never be a legitimate government interest. Colorado’s pri- mary justif ication for the amendment was respect for other citizens’ FREEDOM OF ASSOCIA- TION , especially landlords or employers who have personal or religious objections to homo- sexuality. Kennedy concluded that the amend- ment’s breadth was too far removed from this justification. Amendment 2 was a “status-based enactment divorced from any factual context from which we [the Court] could discern a relationship to legitimate interests.” In light of the serious deficiencies in the amendment’s scope and the failure of the state to articulate a legitimate STATE INTEREST, the Court ruled that Amendment 2 violated the Equal Protection Clause. Justice ANTONIN SCALIA, in a dissenting opinion joined by Chief Justice WILLIAM REHNQUIST and Justice CLARENCE THOMAS, charac- terized Amendment 2 as “rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a politically powerful minority to revise those mores through use of the laws.” He criticized the majority for “imposing upon all Americans the resolution favored by the elite class from which the Members of this institu- tion are selected.” Noting that the U.S. Constitution does not deal with sexual orienta- tion, Scalia concluded that states should be permitted to resolve these kinds of issues through “normal democratic means, including the democratic adoption of provisions in state constitutions.” Kennedy also wrote the majority opinion in Lawrence v. Texas, 539 U.S. 558, 123 S. Ct. 2472, 156 L. Ed. 2d 508 (2003), where the Court struck down a Texas SODOMY law that applied to homosexual conduct. The Court in Lawrence overruled the Court’s decision in BOWERS V. HARDWICK, 478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140 (1986), which had upheld a Georgia sodomy statute. Commentators have suggested that Kennedy’s opinion in Romer laid the groundwork for his subsequent opinion in Lawrence. FURTHER READINGS Bransford, Stephen. 1994 Gay Politics vs. Colorado and America: The Inside Story of Amendment 2. Cascade, Colo.: Sardis. Carpenter, Dale. 2001. “A Conservative Defense of Romer v. Evans.” Indiana Law Journal 76 (spring). Duncan, William C. 2001. “The Legacy of Romer v. Evans— So Far.” Widener Journal of Public Law 10 (January). Gingrich, Candace, and Chris Bull. 1996. Accidental Activist: A Personal and Political Memoir. New York: Simon & Schuster. Nava, Michael. 1995. Created Equal: Why Gay Rights Matter to America. New York: St. Martin’s. Perry, Michael J. 2009. Constitutional Rights, Moral Controversy, and the Supreme Court. New York: Cambridge University Press. Tafel, Richard L. 1999. Party Crasher: A Gay Republican Challenges Politics as Usual. New York: Simon & Schuster. CROSS REFERENCES Discrimination; Due Process of Law; Equal Rights; Equal Protection; Gay and Lesbian Rights; Prejudice. v ROOSEVELT, ANNA ELEANOR Eleanor Roosevelt, wife of U.S. Presid ent FRANKLIN D. ROOSEVELT (FDR), transformed the role of first lady and influenced the course and content of twentieth-century U.S. politics. During FDR’s nearly four terms in office (1933–1945), Roosevelt was an acknowledged political adviser with her own progressive agenda. ▼▼ ▼▼ Anna Eleanor Roosevelt 1884–1962 18751875 19251925 19501950 19751975 19001900 ❖ ◆ 1884 Born, New York City 1905 Married distant cousin Franklin Delano Roosevelt ◆ 1913 FDR appointed assistant secretary of the Navy 1914–18 World War I 1928–32 FDR served as governor of New York 1937 This is My Story published 1941–42 Served as assistant director of the Office of Civilian Defense 1939–45 World War II ◆ ◆ ◆ 1933–45 FDR served as president ❖ 1945–52 and 1961–62 Served as U.S. delegate to the United Nations 1950–53 Korean War 1958 On My Own published 1961 Autobiography published 1962 Died, New York City 1961–73 Vietnam War ◆ 1935 Began writing "My Day" newspaper column GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ROOSEVELT, ANNA ELEANOR 423 Roosevelt was a committed reformer. Born into wealth and privilege, she lent early and conspicuous support to child welfare laws, equal pay and employment legislation, CIVIL RIGHTS, and WOMEN’S RIGH TS . Her ideals helped define FDR’s NEW DEAL and modern Democratic liberalism. Although Roosevelt was admired by many, her high political profile was harshly criticized by people who believed she was too opinionated and influential. After FDR’s death in 1945, Roosevelt contin- ued to support social and benevolent causes throughout the United States and the world. Although no longer first lady, she secured her reputation as a tireless activist and humanitarian. Roosevelt was born on October 11, 1884, in New York City. Her parents, Elliott and Anna Hall Roosevelt, were socially and politically prominent. Her father was the younger brother of U.S. President THEODORE ROOSEVELT. Roosevelt’s childhood was lonely; she had an emotionally detached mother and a loving but alcoholic father. Both parents died by the time Eleanor was ten years old. A serious, timid child, Roosevelt was sent by her grandmother in 1899 to Allenswood, a private girls’ school near London. There she overcame her shyness and became an active, well-liked student. When Roosevelt returned to New York, she entered high society. At the same time, she taught at a settlement house in a New York slum. Roosevelt married FDR, her distant cousin, on March 17, 1905. Her domineering mother- in-law, Sara Roosevelt, disapproved of Roosevelt and put an immediate strain on the marriage. The couple had six children, five of whom survived to adulthood. Roosevelt was not fulfilled by running a large household and attending social functions. When FDR was elected to the New York State Senate in 1910, she turned her attention to politics. In time, she discovered her talent for political organization and strategy. FDR became the assistant secretary of the Navy in 1913. After the United States entered WORLD WAR I, Roosevelt found an outlet for her tremendous energy, organizing Red Cross efforts and working in military canteens. In 1918 Roosevelt discovered that FDR was having an affair with her social sec retary Lucy Page Mercer. The marriage survived but became a union based primarily on politics, not love. Roosevelt was determined to carve out her own niche in public service and national affairs. She became active in the League of Women Voters (although she had opposed female suffrage at one time) and the Women’s TRADE UNION League. She assumed an increasingly active role in Democratic politics. In 1926, Roosevelt opened a furniture company in Hyde Park, New York, to provide jobs for unem- ployed workers. In 1927, Roosevelt and some colleagues founded the Todhunter School, where she was vice principal and taught government and history. FDR was the unsuccessful Democratic candidate for vice president in the 1920 U.S. presidential election. In 1921 he contracted poliomyelitis, which left him permanently disabled. Because FDR could no longer walk independently, Roosevelt became his surrogate, filling in for him at meetings, state inspections, and public appearances. Her political skills and confidence grew in her role as FDR’s emissary. FDR was elected governor of New York in 1928. Four years later he became the 32nd president of the United States, defeating INCUM- BENT Republican President HERBERT HOOVER. FDR’s mandate was to pull the country out of the Great Depression. His economic recovery plan, popularly known as the New Deal, included sweeping, government-sponsored pro- grams that were supported by Roosevelt. Eleanor Roosevelt. COURTESY OF WORLD COUNCIL OF CHURCHES. IT IS NOT FAIR TO ASK OF OTHERS WHAT YOU ARE NOT WILLING TO DO YOURSELF . —ELEANOR ROOSEVELT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 424 ROOSEVELT, ANNA ELEANOR From the outset Roosevelt was a different kind of first lady. Visible and outspoken, she wrote her own newspaper column, entitled “My Day,” from 1935 to 1962. She held regular press conferences with female reporters, and insisted on hard news coverage, not society-page trivia. Roosevelt lectured extensively throughout the United States, donating her fees to charity. Most importantly, she was FDR’s legs and eyes, describing to him the actual, on-site progress of his social and economic program s. Roosevelt wielded considerable influence over the development of the New Deal. She openly supported legislation to create the National Youth Administration, a program that provided jobs for young people. Roosevelt worked hard for measures to improve the lives of children, women, unemployed workers, minority groups, and poor people. She also encouraged the appointment of women to key positions within FDR’s administration, such as the appointment of FRANCES PERKINS to secretary of labor. Roosevelt demonstrated the courage of her convictions. In 1939 she publicly resigned her membership to the elite Daughters of the American Revolution (DAR). The DAR had denied permission to African American singer Marian Anderson to perform in Constitution Hall. Outraged at the group’s racism, Roosevelt helped organize an alternate concert for Anderson at the Lincoln Memorial. Roosevelt served in an official public capacity for a short time. From 1941 to 1942 she was assistant director of the Office of Civilian Defense (OCD). When some of her appointments were criticized, however, Roose- velt stepped down from the position. The United States’ involvement in WORLD WAR II meant increased travel for Roosevelt. As a fact finder and a morale booster, she visited U.S. armed forces throughout the world. After the war, Roosevelt supported the resettlement of European Jews in newly established Israel. Eleanor Roosevelt was al so a strong supporter of Freedom House (established in 1941 in New York), a United States-based inter- national nongovernmental organization that conducts research and advocacy on democracy, political freedo m and HUMAN RIGHTS, and served as honorary chairman in the organization’s early years. FDR died of a cerebral hemorrhage on April 12, 1945. After his death Roosevelt remained in the public eye. She was one of the first U.S. delegates to the UNITED NATIONS, appointed by President HARRY S. TRUMAN in December 1945. She served as chair of the Commission on HUMAN RIGHTS and helped draft the U.N. Declaration of Human Rights. The Declaration was adopted on December 10, 1948, largely through Roosevelt’s efforts. Roosevelt also remained active in Democratic politics and organized Americans for Democratic Action, a liberal unit within the party. She backed ADLAI STEVENSON in his unsuccessful quest for the U.S. presidency in 1952 and 1956 and was a player in the 1952, 1958, and 1960 Democratic conventions. In 1952, with Republican DWIGHT D. EISENHOWER in the White House, she resigned from the U.N. Democratic President JOHN F. KENNEDY reappointed her to the post in 1961, along with making her chair of the newly created Presidential Commission on the Status of Women. Roosevelt published several books, includ- ing This Is My Story (1937), This I Remember (1949), On My Own (1958), and You Learn By Living (1960). Roosevelt died in New York City on November 7, 1962. FURTHER READINGS Black, Allida M. 1996. Casting Her Own Shadow: Eleanor Roosevelt and the Shaping of Postwar Liberalism. New York: Columbia Univ. Press. Glendon, Mary Ann. 2001. A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights. New York: Random House. Hoff-Wilson, Joan, and Marjorie Lightman. 1984. Without Precedent: The Life and Career of Eleanor Roosevelt. Bloomington: Indiana Univ. Press. Purcell, Sarah J., and L. Edward Purcell. 2002. The Life and Work of Eleanor Roosevelt. Indianapolis, Ind.: Alpha. Roosevelt, Eleanor. 1961. The Autobiography of Eleanor Roosevelt. New York: Harper & Brothers. Youngs, J. William T. 2000. Eleanor Roosevelt: A Personal and Public Life. New York: Longman. v ROOSEVELT, FRANKLIN DELANO Franklin Delano Roosevelt served as the 32nd president of the United States from 1933 to 1945. During his unprecedented four terms in office, Roosevelt established himself as a tower- ing national leader, lead ing the United States out of the Great Depression through the active involvement of the federal government in the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ROOSEVELT, FRANKLIN DELANO 425 national economy. The federal government grew dramatically in size and power as Congress enacted Roosevelt’s NEW DEAL program. As president, Roosevelt was responsible for the creation of SOCIAL SECURITY, federal LABOR LAWS, rural electrification programs, and myriad projects that assisted farmers, business, and labor. He signed the GI BILL into law, which made home ownership and college education accessible to so many people that it became known as the “magic carpet to the middle class.” During WORLD WAR II, Roosevelt’s leader- ship was vital to rallying the spirits of the citizenry and mobilizing a wartime economy. Nevertheless, Roosevelt was a controversial figure. Many economic conservatives believed his programs owed more to state SOCIALISM than to free enterprise. Roosevelt was born on January 30, 1882, in Hyde Park, New York, the only son of James and Sara Delano Roosevelt. The young Roosevelt was taught to be a gentleman and to exercise Christian stewardship through public service. He graduated from Harvard University in 1904 and in 1905 wed ELEANOR ROOSEVELT, the niece of his fifth cousin, President THEODORE ROOSEVELT. Roosevelt attended Columbia University Law School but left without receiving a degree when he passed the New York bar exam in 1907. In 1910 Roosevelt was elected to the New York Senate as a member of the DEMOCRATIC PARTY . Reelected in 1912, he resigned in 1913 to accept an appointment from President WOO- DROW WILSON as assistant secretary of the Navy. For the next seven years, Roosevelt proved an effective administrator and an advocate of reform in the U.S. Navy. Roosevelt was nominated for vice president on the 1920 Democratic party ticket. He waged a vigorous campaign in support of the presi- dential nominee, James M. Cox, but the Republican ticket headed by WARREN G. HARDING soundly defeated Cox and Roosevelt. After the election Roosevelt joined a Maryland bonding company and began investing in various business schemes. Roosevelt’s life changed in August 1921, when he was stricken with poliomyelitis while vacationing at Campobello Island, New Bruns- wick. Initially, Roosevelt was completely para- lyzed, but over several years of intense therapy, he made gradual improvement. His legs, Franklin Delano Roosevelt. LIBRARY OF CONGRESS. Franklin Delano Roosevelt 1882–1945 ▼▼ ▼▼ 18751875 19501950 19251925 19001900 ❖ ◆◆ 1882 Born, Hyde Park, New York 1904 Graduated from Harvard University 1910 Elected to New York Senate 1913–20 Served as assistant secretary of the Navy 1914–18 World War I ◆◆ 1920 Ran for vice president on Democratic ticket 1921 Contracted polio 1928–32 Served as governor of New York 1933–45 Served as U.S. president ❖ 1945 Attended Yalta Conference; died, Warm Springs, Ga. 1939–45 World War II ◆◆◆ ◆ 1941 Congress passed Lend-Lease Act of 1941; U.S. entered war after Japanese bombed Pearl Harbor on Dec 7. 1935 Supreme Court struck down NIRA in Schecter Poultry v. United States; Social Security Act and National Labor Relations Acts (NLRA) passed 1933 Agricultural Adjustment Act and National Industrial Recovery Act (NIRA) passed; Civilian Conservation Corps created 1937 Attempted to "pack" the Supreme Court; Court upheld NLRA in NLRB v. Jones and Laughlin Steel Corp. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 426 ROOSEVELT, FRANKLIN DELANO however, suffered permanent paralysis. For the rest of his life, he used a wheelchair and could walk only a few steps with the help of leg braces. Eleanor Roosevelt believed her husband’s recovery depended on his reentry into New York politics. She attended meetings, made speeches, and reported back to him on the political events of the day. By 1924 Roosevelt was at the Democratic National Convention nominating Governor Alfred E. Smith of New York for president. Smith, who lost the presidential elections in 1924 and 1928, showed Roosevelt the ways of New York state politics and pushed him to run for governor in 1928. A reluctant Roosevelt won by a narrow margin but was soon governing as if he had won by a landslide. With the STOCK MARKET crash of October 25, 1929, the United States was thrown into a national economic depression of unprecedented severity. As governor, Roosevelt set up the first state public relief agency and tried to find ways to spark an economic recovery. His landslide reelection in 1930 made him the logical candidate to face the Republican president HERBERT HOOVER in the next presidential election. Roosevelt was nominated for president on the third ballot of the 1932 Democratic National Convention. During the campaign Roosevelt called for the federal government to take action to revive the economy and end the suffering of the thirteen million unemployed people, which at the time represented approxi- mately 40 percent of the population and still reigns as the all-time high. Hoover advocated a more limited role for the federal government in the national economy. Roosevelt easily defeated Hoover and brought with him large Democratic majorities in both houses of Congress. Roosevelt took office on March 4, 1933, at a time when the economy appeared hopeless. In his inaugural address he reassured the nation that “the only thing we have to fear is fear itself.” He proposed a New Deal for the people of the United States and promised to use the power of the EXECUTIVE BRANCH to address the economic crisis. During his first hundred days in office, Roosevelt sent Congress many pieces of legislation that sought to boost economic activity and restore the circulation of money through federally funded work programs. The Civilian Conservation Corps (CCC) provided unemployment relief and an opportunity for national service to young workers, while promoting conservation through reforestation and flood control work. Federal funds were given to state relief agencies for direct relief, and the Reconstruction Finance Company was given the authority to make loans to small and large businesses. The centerpieces of Roosevelt’s New Deal legislation were the Agricultural Adjustment Act (AAA) of 1933 (7 U.S.C.A. § 601 et seq.) and the NATIONAL INDUSTRIAL RECOVERY ACT (NIRA) of 1933 (48 Stat. 195). The AAA sought to raise farm prices by giving farmers federal subsidies if they reduced their agricultu ral production. The NIRA was a comprehensive attempt to manage all phases of U.S. business . It estab- lished the NATIONAL RECOVERY ADMINISTRATION (NRA) to administer codes of fair practice within each industry. Under these codes, labor and management negotiated minimum wages, maximum hours, and fair-trade practices for each industry. The Roosevelt administration sought to use these codes to stabilize produc- tion, raise prices, and protect labor and consumers. By early 1934 there were 557 basic codes and 208 supplementary ones. In 1935, however, the Supreme Court struck down the NIRA in A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495, 55 S. Ct. 837, 79 L. Ed. 1570. In 1935 Roosevelt and the Congress passed the SOCIAL SECURITY ACT (42 U.S.C.A. § 301 et seq.), a fundamental piece of social welfare legislation that provided UNEMPLOYMENT COMPEN - SATION and pensions for those over the age of sixty-five. More groundbreaking leg islation came with the passage of the WAGNER ACT, also known as the National Labor Relations Act (NLRA) of 1935 (29 U.S.C.A. § 151 et seq.), which recognized for the first time the right of workers to organize unions and engage in COLLECTIVE BARGAINING with employers. Roosevelt handily defeated Republican Alfred M. Landon, the governor of Kansas, in the 1936 presidential election. In his second term, however, Roosevelt met more resistance to his legislative initiatives. Between 1935 and 1937, the Supreme Court struck down as unconstitutional eight New Deal programs that attempted to regulate the national economy. Most of the conservative justices who voted against the New Deal statutes were over the age of seventy. Roosevelt responded by proposin g THE TEST OF OUR PROGRESS IS NOT WHETHER WE ADD MORE TO THE ABUNDANCE OF THOSE WHO HAVE MUCH ; IT IS WHETHER WE PROVIDE ENOUGH FOR THOSE WHO HAVE TOO LITTLE . —FRANKLIN DELANO ROOSEVELT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ROOSEVELT, FRANKLIN DELANO 427 . the Fre nch Code Napoléon of 180 4, the Austrian code of 181 1, the German code of 188 9, and the Swiss codes of 188 9 and 1907. Through these codes, elements of Roman law spread beyond Europe. The. Roman law, the only law in many cases that was common to the entire kingdom. Similarly, Roman law could be used when local GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 420 ROMAN LAW customs offered. became a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ROMAN LAW 419 massive compendium of law produced by magistrates and governors. Romans divided the law into jus scriptum, written law, and