THE CONSTITUTION BESIEGED THE RISE DEMISE OF LOCHNER ERA POLICE POWERS JURISPRUDENCE

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The Constitution Besieged

Author : Howard Gillman
ISBN : 0822316420
Genre : Law
File Size : 34.64 MB
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The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." Originally published in cloth by Duke University Press, this book received the 1994 C. Herman Pritchett Award for the "Best Book in the Field of Law and Courts," awarded by the Law and Courts Section of the American Political Science Association.
Category: Law

Public Vs Private

Author : Robert N. Gross
ISBN : 9780190644598
Genre : Law
File Size : 75.95 MB
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Americans today choose from a dizzying array of schools, loosely lumped into categories of "public" and "private." How did these distinctions emerge in the first place, and what do they tell us about the more general relationship in the United States between public authority and private enterprise? In Public vs. Private, Robert N. Gross describes how, more than a century ago, public policies fostered the rise of modern school choice. In the late nineteenth century, American Catholics began constructing rival, urban parochial school systems, an enormous and dramatic undertaking that challenged public school systems' near-monopoly of education. In a nation deeply committed to public education, mass attendance in Catholic schools produced immense conflict. States quickly sought ways to regulate this burgeoning private sector and the competition it produced, even attempting to abolish private education altogether in the 1920s. Ultimately, however, Gross shows how the public policies that resulted produced a stable educational marketplace, where choice flourished. The creation of the educational marketplace that we have inherited today--with systematic alternatives to public schools--was as much a product of public power as of private initiative. Gross also demonstrates that schools have been key sites in the development of the American legal conceptions of "public" and "private". Landmark Supreme Court cases about the state's role in regulating private schools, such as the 1819 Dartmouth v. Woodward decision, helped define and redefine the scope of government power over private enterprise. Judges and public officials gradually blurred the meaning of "public" and "private," contributing to the broader shift in how American governments have used private entities to accomplish public aims. As ever more policies today seek to unleash market forces in education, Americans would do well to learn from the historical relationship between government, markets, and schools.
Category: Law

Reform And Regulation Of Property Rights

Author : James W. Ely
ISBN : 0815326858
Genre : Business & Economics
File Size : 45.80 MB
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A multidisciplinary overview This new series gathers a broad selection of the best scholarly literature dealing with property rights in American constitutional history. The initial three volumes deal with the historical aspects of property ownership, many of which are relevant to contemporary developments. Another volume is devoted to the contract clause, which was the heart of a great deal of constitutional litigation. Two volumes deal directly and at length with current issues, such as regulatory takings. The authors come from a variety of disciplines, including history, law, and political science, bringing a multidisciplinary approach to the debate, and providing an excellent background for understanding contemporary issues. A versatile classroom and student research resource Because it gathers so many important articles from law reviews, academic journals, and books, including classic essays by prominent 19th-century authorities, this collection is a valuable resource for law schools. But its thorough exploration of a vital issue that has been the concern of legislators, courts, and citizens since the founding of the republic also makes it useful in American History classes. Professors will appreciate the collection because it gives them access to a concentration of material for classroom use and it's a user-friendly way to introduce students to a variety of opinions and, diversity of sources that can get them started on doing their own research. Students will appreciate the many articles as a veritable gold mine of information.
Category: Business & Economics

Liberty Of Contract

Author : David N. Mayer
ISBN : 9781935308409
Genre : Law
File Size : 23.84 MB
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Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
Category: Law

The Cosmopolitan Constitution

Author : Alexander Somek
ISBN : 9780191030925
Genre : Law
File Size : 75.99 MB
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Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.
Category: Law

The Revolutionary Constitution

Author : David J. Bodenhamer
ISBN : 9780199913039
Genre : History
File Size : 65.72 MB
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The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
Category: History

Slavery Abortion And The Politics Of Constitutional Meaning

Author : Justin Buckley Dyer
ISBN : 9781107328679
Genre : Political Science
File Size : 78.5 MB
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For the past forty years, prominent pro-life activists, judges and politicians have invoked the history and legacy of American slavery to elucidate aspects of contemporary abortion politics. As is often the case, many of these popular analogies have been imprecise, underdeveloped and historically simplistic. In Slavery, Abortion, and the Politics of Constitutional Meaning, Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development. In this fascinating and wide-ranging study, Dyer demonstrates that slavery and abortion really are historically, philosophically and legally intertwined in America. The nexus, however, is subtler and more nuanced than is often suggested, and the parallels involve deep principles of constitutionalism.
Category: Political Science

The Oxford Handbook Of Economic And Institutional Transparency

Author : Jens Forssbaeck
ISBN : 9780199394838
Genre : Political Science
File Size : 47.70 MB
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In recent years, the term 'transparency' has emerged as one of the most popular and keenly-touted concepts around. In the economic-political debate, the principle of transparency is often advocated as a prerequisite for accountability, legitimacy, policy efficiency, and good governance, as well as a universal remedy against corruption, corporate and political scandals, financial crises, and a host of other problems. But transparency is more than a mere catch-phrase. Increased transparency is a bearing ideal behind regulatory reform in many areas, including financial reporting and banking regulation. Individual governments as well as multilateral bodies have launched broad-based initiatives to enhance transparency in both economic and other policy domains. Parallel to these developments, the concept of transparency has seeped its way into academic research in a wide range of social science disciplines, including the economic sciences. This increased importance of transparency in economics and business studies has called for a reference work that surveys existing research on transparency and explores its meaning and significance in different areas. The Oxford Handbook of Economic and Institutional Transparency is such a reference. Comprised of authoritative yet accessible contributions by leading scholars, this Handbook addresses questions such as: What is transparency? What is the rationale for transparency? What are the determinants and the effects of transparency? And is transparency always beneficial, or can it also be detrimental (if so, when)? The chapters are presented in three sections that correspond to three broad themes. The first section addresses transparency in different areas of economic policy. The second section covers institutional transparency and explores the role of transparency in market integration and regulation. Finally, the third section focuses on corporate transparency. Taken together, this volume offers an up-to-date account of existing work on and approaches to transparency in economic research, discusses open questions, and provides guidance for future research, all from a blend of disciplinary perspectives.
Category: Political Science

Jim Crow Citizenship

Author : Marek D. Steedman
ISBN : 9781136815577
Genre : Political Science
File Size : 24.80 MB
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In the late 1860s the U.S. federal government initiated the most abrupt transition from slavery to citizenship in the Americas. The transformation, of course, did not stick, but it did permanently alter the terms of American citizenship and initiated a century long struggle over the place of African Americans in the American polity. Southern Progressives, crucial in this account, were faced with a significant ideological challenge: how to reconcile their liberal principles with their commitments to racial hierarchy. The ideological work performed by Southern Progressives was instrumental to the establishment of white supremacist institutions in the heart of a putatively liberal democracy and illuminate how combinations of liberal and illiberal principles have affected the history of American political thought. In this work, Marek Steedman demonstrates how Southern Progressives combined commitments to liberal, even democratic, politics with equally strong commitments to the maintenance of racial hierarchy. He shows that there are systematic features of the traditions of liberal and republican thought, on the one hand, and ideologies of race, on the other, that facilitate their combination. Jim Crow Citizenship relates familiar developments in American state-building, legal development, and political thought to race, thus showing how race intertwines with these developments, often shaping them in decisive fashion.
Category: Political Science