Rehabilitating Lochner

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Rehabilitating Lochner

Author : David E. Bernstein
Publisher : University of Chicago Press
ISBN 13 : 0226043533
Total Pages : 204 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Rehabilitating Lochner by : David E. Bernstein

Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

Lochner V. New York

Author : Paul Kens
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Lochner V. New York by : Paul Kens

Download or read book Lochner V. New York written by Paul Kens and published by . This book was released on 1998 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the case of Joseph Lochner, a baker in Utica, N.Y., charged in 1901 with violating the New York Bakeshop Act of 1895 by requiring an employee to work more than 60 hours in one week.

The Constitution Besieged

Author : Howard Gillman
Publisher : Duke University Press
ISBN 13 : 9780822316428
Total Pages : 336 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Constitution Besieged by : Howard Gillman

Download or read book The Constitution Besieged written by Howard Gillman and published by Duke University Press. This book was released on 1993 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constructing Civil Liberties

Author : Ken I. Kersch
Publisher : Cambridge University Press
ISBN 13 : 9780521010559
Total Pages : 404 pages
Book Rating : 4.0/5 (15 download)

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Book Synopsis Constructing Civil Liberties by : Ken I. Kersch

Download or read book Constructing Civil Liberties written by Ken I. Kersch and published by Cambridge University Press. This book was released on 2004-08-02 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sample Text

You Can't Say That!

Author : David E. Bernstein
Publisher : Cato Institute
ISBN 13 : 1933995467
Total Pages : 218 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis You Can't Say That! by : David E. Bernstein

Download or read book You Can't Say That! written by David E. Bernstein and published by Cato Institute. This book was released on 2003-10-25 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a misguided attempt to eradicate every vestige of "discrimination" in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.

Lawless

Author : David E. Bernstein
Publisher : Encounter Books
ISBN 13 : 1594038341
Total Pages : 216 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis Lawless by : David E. Bernstein

Download or read book Lawless written by David E. Bernstein and published by Encounter Books. This book was released on 2015-11-17 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law. Lawless documents how President Barack Obama has presided over one constitutional debacle after another—Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more. Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. “We can’t wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution’s checks and balances. President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, “The buck stops here.” When confronted with allegations that his administration’s actions are illegal, Obama responds, “So sue me.” Lawless shows how President Obama has betrayed not only the Constitution but also his own stated principles. In the process, he has done serious and potentially permanent damage to our constitutional system. As America swings into election season, it will have to grapple with finding a president who can repair Obama’s lawless legacy.

America's Unwritten Constitution

Author : Akhil Reed Amar
Publisher : Basic Books (AZ)
ISBN 13 : 0465029574
Total Pages : 644 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar

Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Illiberal Reformers

Author : Thomas C. Leonard
Publisher : Princeton University Press
ISBN 13 : 0691175861
Total Pages : 264 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Illiberal Reformers by : Thomas C. Leonard

Download or read book Illiberal Reformers written by Thomas C. Leonard and published by Princeton University Press. This book was released on 2017-01-24 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Illiberal Reformers, Thomas Leonard reexamines the economic progressives whose ideas and reform agenda underwrote the Progressive Era dismantling of laissez-faire and the creation of the regulatory welfare state, which, they believed, would humanize and rationalize industrial capitalism. But not for all. Academic social scientists such as Richard T. Ely, John R. Commons, and Edward A. Ross, together with their reform allies in social work, charity, journalism, and law, played a pivotal role in establishing minimum-wage and maximum-hours laws, workmen's compensation, progressive income taxes, antitrust regulation, and other hallmarks of the regulatory welfare state. But even as they offered uplift to some, economic progressives advocated exclusion for others, and did both in the name of progress. Leonard meticulously reconstructs the influence of Darwinism, racial science, and eugenics on scholars and activists of the late nineteenth and early twentieth centuries, revealing a reform community deeply ambivalent about America's poor. Economic progressives championed labor legislation because it would lift up the deserving poor while excluding immigrants, African Americans, women, and 'mental defectives, ' whom they vilified as low-wage threats to the American workingman and to Anglo-Saxon race integrity. Economic progressives rejected property and contract rights as illegitimate barriers to needed reforms. But their disregard for civil liberties extended much further. Illiberal Reformers shows that the intellectual champions of the regulatory welfare state proposed using it not to help those they portrayed as hereditary inferiors, but to exclude them. -- Provided by publisher.

Restoring the Lost Constitution

Author : Randy E. Barnett
Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Gunnar Myrdal and America's Conscience

Author : Walter A. Jackson
Publisher : UNC Press Books
ISBN 13 : 146962060X
Total Pages : 472 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Gunnar Myrdal and America's Conscience by : Walter A. Jackson

Download or read book Gunnar Myrdal and America's Conscience written by Walter A. Jackson and published by UNC Press Books. This book was released on 2014-07-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gunnar Myrdal's An American Dilemma (1944) influenced the attitudes of a generation of Americans on the race issue and established Myrdal as a major critic of American politics and culture. Walter Jackson explores how the Swedish Social Democratic scholar, policymaker, and activist came to shape a consensus on one of America's most explosive public issues.

The Slaughterhouse Cases

Author : Ronald M. Labbé
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Slaughterhouse Cases by : Ronald M. Labbé

Download or read book The Slaughterhouse Cases written by Ronald M. Labbé and published by . This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, hundreds of independent butchers sued, framing their cases as an infringement of rights protected by the recently passed Fourteenth Amendment. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result in 1873 was a controversial 5-4 decision that for the first time addressed the meaning and import of the Fourteenth Amendment. While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.

Phantom Risk

Author : Kenneth R. Foster
Publisher : MIT Press
ISBN 13 : 9780262561198
Total Pages : 476 pages
Book Rating : 4.5/5 (611 download)

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Book Synopsis Phantom Risk by : Kenneth R. Foster

Download or read book Phantom Risk written by Kenneth R. Foster and published by MIT Press. This book was released on 1999 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys a dozen scientific issues that have led to public controversy and litigation.

The Conservative Sensibility

Author : George F. Will
Publisher : Hachette Books
ISBN 13 : 0316480916
Total Pages : 640 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Conservative Sensibility by : George F. Will

Download or read book The Conservative Sensibility written by George F. Will and published by Hachette Books. This book was released on 2019-06-04 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pulitzer Prize-winning columnist's "astonishing" and "enthralling" New York Times bestseller and Notable Book about how the Founders' belief in natural rights created a great American political tradition (Booklist) -- "easily one of the best books on American Conservatism ever written" (Jonah Goldberg). For more than four decades, George F. Will has attempted to discern the principles of the Western political tradition and apply them to America's civic life. Today, the stakes could hardly be higher. Vital questions about the nature of man, of rights, of equality, of majority rule are bubbling just beneath the surface of daily events in America. The Founders' vision, articulated first in the Declaration of Independence and carried out in the Constitution, gave the new republic a framework for government unique in world history. Their beliefs in natural rights, limited government, religious freedom, and in human virtue and dignity ushered in two centuries of American prosperity. Now, as Will shows, conservatism is under threat -- both from progressives and elements inside the Republican Party. America has become an administrative state, while destructive trends have overtaken family life and higher education. Semi-autonomous executive agencies wield essentially unaccountable power. Congress has failed in its duty to exercise its legislative powers. And the executive branch has slipped the Constitution's leash. In the intellectual battle between the vision of Founding Fathers like James Madison, who advanced the notion of natural rights that pre-exist government, and the progressivism advanced by Woodrow Wilson, the Founders have been losing. It's time to reverse America's political fortunes. Expansive, intellectually thrilling, and written with the erudite wit that has made Will beloved by millions of readers, The Conservative Sensibility is an extraordinary new book from one of America's most celebrated political writers.

Supreme Myths

Author : Eric J. Segall
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 281 pages
Book Rating : 4.2/5 (161 download)

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Book Synopsis Supreme Myths by : Eric J. Segall

Download or read book Supreme Myths written by Eric J. Segall and published by Bloomsbury Publishing USA. This book was released on 2012-02-22 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

The American Political Dictionary

Author : Jack C. Plano
Publisher :
ISBN 13 : 9780030167362
Total Pages : 500 pages
Book Rating : 4.1/5 (673 download)

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Book Synopsis The American Political Dictionary by : Jack C. Plano

Download or read book The American Political Dictionary written by Jack C. Plano and published by . This book was released on 1976 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reform and Regulation of Property Rights

Author :
Publisher : Taylor & Francis
ISBN 13 : 9780815326854
Total Pages : 452 pages
Book Rating : 4.3/5 (268 download)

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Book Synopsis Reform and Regulation of Property Rights by :

Download or read book Reform and Regulation of Property Rights written by and published by Taylor & Francis. This book was released on 1997 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How Rights Went Wrong

Author : Jamal Greene
Publisher : HarperCollins
ISBN 13 : 1328518140
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by HarperCollins. This book was released on 2021-03-16 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: AMERICAN ASSOCIATION OF PUBLISHERS PROSE AWARD FINALIST | “Essential and fresh and vital . . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them. As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.