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The Iron Horse and the Constitution: The Railroads and the Transformation of the Fourteenth Amendment: Contributions in Legal Studies

Autor Richard C. Cortner
en Limba Engleză Hardback – 30 apr 1993 – vârsta până la 17 ani
This is the first in-depth analysis of American railroad litigation from the 1880s to 1910 that led to landmark decisions by the Supreme Court, fundamentally altering the meaning of due process in American constitutional law and establishing a basic power of the federal courts to restrict state regulation over railroad rates. This is the first book-length study systematically to explore the impact of American railroads on the courts and the U.S. Constitution. Historians, political scientists, and legal scholars interested in decisions that profoundly affected contemporary views on the Constitution, and the political strategy and tactics used by the railroads to affect the judicial process, will gain new insights from this study.The introduction covers the disastrous defeat that the railroads suffered at the hands of the Supreme Court in the 1877 Granger Cases when the roads first challenged governmental regulation of railroad rates. Chapters 1 through 5 analyze their victories in the 1880s and 1890s as they sought to establish substantive due process as a valid doctrine. Chapters 6 through 9 describe the subsequent litigation to circumvent the Eleventh Amendment's apparent bar to injunction suits against state officers in the federal courts, culminating in a Supreme Court landmark decision of 1908. The epilogue shows how these decisions had a lasting impact on constitutional development in the United States in relation to civil liberties and contemporary constitutional law.
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Specificații

ISBN-13: 9780313285783
ISBN-10: 0313285780
Pagini: 248
Dimensiuni: 156 x 235 x 16 mm
Greutate: 0.6 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Praeger
Seria Contributions in Legal Studies

Locul publicării:New York, United States

Notă biografică

RICHARD C. CORTNER is Professor of Political Science at the University of Arizona. He has written at length on constitutional, civil liberties, and judicial issues. His work includes The Supreme Court and the Second Bill of Rights: The Fourteenth Amendment and the Nationalization of Civil Liberties (1981), A Scottsboro Case in Mississippi: The Supreme Court and Brown v. Mississippi (1986), and A Mob Intent on Death: The NAACP and the Phillips County Riot Cases (1988), among others.

Cuprins

PrefaceDefiance and Defeat: The Railroads and the Granger CasesThe Revival of "Grangerism" in MinnesotaThe Genesis of the Minnesota Milk Rate CaseThe Iowa Rate FightThe Appeal to the Supreme CourtA Centennial Decision: The Roads PrevailThe Struggle Renewed: The Eleventh Amendment, The Roads, and Minnesota in 1907The Minnesota Rate Fight and the Genesis of Ex Parte YoungThe Eleventh Amendment and Ex Parte Young: The Court DecidesEpilogueNotesBibliographical EssayIndex