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The Constitution besieged : the rise and demise of Lochner era police powers jurisprudence / Howard Gillman.
- Format:
- Book
- Author/Creator:
- Gillman, Howard.
- Language:
- English
- Subjects (All):
- Police power--United States--History.
- Police power.
- Political questions and judicial power--United States--History.
- Political questions and judicial power.
- Judicial process--United States--History.
- Judicial process.
- Economic liberties (U.S. Constitution)--History.
- Economic liberties (U.S. Constitution).
- Liberty of contract--United States--History.
- Liberty of contract.
- Social legislation--United States--History.
- Social legislation.
- Social conflict--United States--History.
- Social conflict.
- Physical Description:
- 1 online resource (329 p.)
- Edition:
- 3rd pbk. print.
- Place of Publication:
- Durham, N.C. : Duke University Press, 1993.
- Language Note:
- English
- 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. 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.
- Contents:
- Front matter
- Contents
- Acknowledgments
- Introduction
- CHAPTER ONE. The Origins of Lochner Era Police Powers Jurisprudence
- CHAPTER TWO. The Master Principle of Neutrality and the Rise of Class Conflict
- CHAPTER THREE. The Old Constitutionalism and the New Realism
- CHAPTER FOUR. The Constitution Besieged
- Afterword
- Notes
- Bibliography
- Table of Cases
- Index
- Notes:
- "First printing in paperback, 1995"--T.p. verso.
- Includes bibliographical references (pages [269]-289) and indexes.
- Description based on print version record.
- ISBN:
- 9781322047508
- 1322047502
- 9780822399865
- 0822399865
- OCLC:
- 756436024
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