Download Ebook, Epub, Textbook, quickly and easily or read online full books anytime and anywhere. Click GET BOOK button and get unlimited access by create free account.

The Constitution Besieged by Howard Gillman

Title The Constitution Besieged
Author Howard Gillman
Publisher Duke University Press
Release 1993
Category Law
Total Pages 317
ISBN 9780822316428
Language English, Spanish, and French
GET BOOK

Book Summary:

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. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." By reviewing unfamiliar state cases and legal commentary, and by providing fresh interpretations of familiar Supreme Court cases, Gillman uncovers a fascinating - and long forgotten - legal tradition. In this richly textured historical narrative, we see how American judges once worked to insure that legislative power be used only to promote the public good, and not to benefit certain classes or burden their market competitors. Beyond shedding new light on this jurisprudence, Gillman also links it to larger debates in the political system, debates traced to concerns about factional politics expressed by the country's founders and to the Jacksonian assault on special privileges. This tradition came under siege with the intensification of class conflict at the turn of the century, and Gillman carefully documents its demise. He details how industrialization undermined assumptions about the fairness of capitalist social relations, and how this led increasing numbers of people to question the requirement that the state remain neutral in matters of class conflict - thus leaving it to a stalwart judiciary to protect "a Constitution besieged." A major contribution to an understanding of this important period in the history of the Supreme Court, Gillman's work stands as a landmark in revisionist accounts of the "Lochner era." Gillman's study represents the kind of paradigm-shift that will undoubtedly affect a wide range of scholarly activity for some time to come. The broad scope of this work makes it essential reading for those interested in American political thought, the development of the American state, the relationship between law and social change, and contemporary debates about the original intent of the framers of the Constitution and the proper role of the judiciary in American politics.

More Nooks:

Laws of the Constitution
Language: en
Pages: 960
Authors: Donald F. Bur
Categories: Law
Type: BOOK - Published: 2020-11-02 - Publisher: University of Alberta Press

A comprehensive, thematically-organized compilation of constitutional documents relating to Canada, its provinces, and territories.
The Constitution Besieged
Language: en
Pages: 317
Authors: Howard Gillman
Categories: Law
Type: BOOK - Published: 1993 - Publisher: Duke University Press

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
The Constitution for Europe
Language: en
Pages: 125
Authors: Marcel Kielhorn
Categories: Political Science
Type: BOOK - Published: 2005 - Publisher: LIT Verlag M√ľnster

A Constitution for Europe: Why do we need it? Is it really better than the current treaty-based system? Which difficulties faces the ratification process? This book answers these questions and provides an analysis of the Treaty establishing a Constitution for Europe. It visualizes the huge importance of the document for
The Constitution of Vietnam
Language: en
Pages: 234
Authors: Mark Sidel
Categories: Law
Type: BOOK - Published: 2009-08-26 - Publisher: Bloomsbury Publishing

This new book examines constitutional debate and development in one of the most dynamic and rapidly changing societies in Asia, and will be of use to scholars and students of comparative law, comparative constitutional law and Asian law, and practitioners interested in Asia or in Vietnam. The book discusses and
The Constitution of North Carolina
Language: en
Pages: 24
Authors: North Carolina
Categories: Constitutions
Type: BOOK - Published: 1835 - Publisher:

Books about The Constitution of North Carolina