Popular government and The Anti-Trust Act and the Supreme Court / edited with commentary by David Potash and Donald F. Anderson.

Format:

Book

Author/Creator:

Taft, William H. (William Howard), 1857-1930

Contributor:

Potash, David.

Anderson, Donald F., 1938-

Series:

Taft, William H. (William Howard), 1857-1930. 2001 ; Works. v. 5.

The collected works of William Howard Taft ; v. 5

Language:

English

Subjects (All):

Constitutional law--United States.

Constitutional law.

United States.

Antitrust law--United States.

Antitrust law.

Competition--Government policy--United States.

Competition.

Competition--Government policy.

Physical Description:

ix, 242 pages : illustrations ; 24 cm.

Place of Publication:

Athens : Ohio University Press, [2003]

Contents:

Popular Government: Its Essence, Its Permanence, and Its Perils

1. The Meaning of "We the People of the United States," in the Preamble of the Constitution 17

2. The Representative System 29

3. The Initiative and the Referendum 40

4. The Initiative, the Referendum, the Recall 56

5. The Direct Primary 69

6. "In Order to Form a More Perfect Union" 83

7. "To Establish Justice," Part I 101

8. "To Establish Justice," Part II: The Selection and Tenure of Judges 117

9. "To Establish Justice," Part III: Public Need of Educated Lawyers and Judges

The Necessity and Advantage of Judge-Made Laws 133

10. "To Insure Domestic Tranquility, Provide for the Common Defence" 145

The Anti-Trust Act and the Supreme Court

1. Limitations upon Rights of Contract as to Property, Business, and Labor at Common Law 173

2. General Function of Constitution and Courts in Protection and Limitation of Individual Rights of Property, Contract, and Labor 186

3. The Sugar Trust Case, Its Narrowing Effect on the Usefulness of the Statute

Justice Harlan's Dissent Now the Law 197

4. Error of Mr. Justice Peckham in His Opinions for the Majority in the Trans-Missouri Freight and Joint Traffic Cases in Refusing Aid of Common Law in Interpretation of the Statute

Confusion in Terms but Not in Ultimate Result 204

5. Cases after the Sugar Trust Case and before the Standard Oil Case in Which the Effect of the Sugar Trust Decision Was Practically Eliminated 209

6. The Standard Oil and Tobacco Trust Cases

Effect of Anti-trust Law on Combinations of Labor Obstructing Interstate Commerce 217

7. Ten Cases under Trust Law, Following Standard Oil and Tobacco Decisions, Showing Broad Scope of Those Decisions 225

8. Popular Misconception of Supreme Court's Attitude in Constructing Anti-trust Law

No Assumption of Power to Enforce Economic or Political Views of Judges

Merely Following a Common-Law Standard

Admirable Adaptability of Decrees in Equity to Enforcement of Statute

Efficacy of Standard Oil and Tobacco Decrees 232

9. Summing up of the Effect of Anti-trust Law on Big Business

Value of First Two Sections As Construed

Danger in Amendments Looking to Greater Severity 239.

ISBN:

0821414577

OCLC:

51476773