An American Legal History Law Research Paper Essay

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American Legal History
The United States legal system was adopted from the English common law into the federal and state level of governance after the Revolutionary War. Although the U.S legal system is a derivative of British law, it has a high divergence that is noticeable in its procedures and substances, and this is mostly related to civil law. The history of the legal system began with the pioneer 13 colonies that were under the settlers, but with time, certain practices were eliminated and replaced with those that fit the citizenry (Feinman 20). Moreover, some of the English laws that were eliminated from the U.S legal system include search warrants, and this was in accordance with the passage of the American Constitution. On the other hand, one of the laws that were inherited from the English legal system was the principle of stare decisis, a part of the common law. In this case, the common law courts can make decisions based on the precedent that was set, and they can also make laws that affect future cases. The critical analysis of American legal history will assist in understanding the origin of the legal system, reforms that have occurred over the years, and ways they affect the future judicial process.
ACLU’S Plan for Scopes Monkey Trial
In early 1920s, the legislature of the state of Tennessee made passed controversial legislation that prohibited all educational institutions in Tennessee State from teaching evolution. The passage of the Butler Act was an awakening moment in the country and marked a significant turning point in the constitutional development in America. In response to the enactment of the Butler Act, the American Civil Liberties Union (ACLU) revealed that it would come to the defense of any educator prosecuted under the legislation. In due course, a high school teacher called John Scopes sought to challenge the constitutionality of the legislation by standing in a test case as a defendant in the case. In March 1925, Scopes was arrested and eventually arraigned in court for allegedly teaching evolution.
Scopes was represented in court by Arthur Garfield, who was the ACLU General Counsel alongside a famous criminal defense attorney known as Clarence Darrow. Darrow was a renowned, experienced, and competent criminal defense attorney in the country. In this case, the defense attorney collaborated to demonstrate the unconstitutionality of the Tennessee law because it was largely based on Biblical teachings. Ideally, the defense team argued that using the Bible as the standard of accuracy, validity, and veracity in public institutions is unconstitutional because it is a religious document (Leuchtenburg 134). However, not all people in the country subscribe to the same religious teachings. During the case, Bryan Jennings was the leader of the prosecution and he had a reputation for being the most popular Christian fundamentalist representative and defender in the country. Therefore, Bryan sought to prove that Scope had violated Tennessee laws and, hence guilty for teaching evolution.
The Scopes trial was a monumental landmark case, both due to its significance in the constitutional development of America and for being sensational. Most import...