Author: Benjamin Fletcher WrightPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 318
Book Description
The Contract Clause of the Constitution
Author: Benjamin Fletcher WrightPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 318
Book Description
The Contract Clause
Author: James W. Ely, Jr.Publisher: University Press of Kansas
ISBN: 0700623078
Category : Law
Languages : en
Pages : 384
Book Description
Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.
The Obligation of Contracts Clause of the United States Constitution
Author: Warren Belknap HuntingPublisher: Baltimore, Md. : Johns Hopkins Press
ISBN:
Category : Constitutional law
Languages : en
Pages : 132
Book Description
The Obligation of Contracts Clause of the United States Constitution (Classic Reprint)
Author: Warren B. HuntingPublisher: Forgotten Books
ISBN: 9781333404369
Category : Law
Languages : en
Pages : 134
Book Description
Excerpt from The Obligation of Contracts Clause of the United States Constitution It was intended to add chapters dealing with the police power as affecting franchise and immunities, with the ques tion what is an impairment, and the question what is a law, but these, owing to lack of time to complete them. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
American Constitutional Law, Volume I
Author: Ralph A. RossumPublisher: Routledge
ISBN: 1000124355
Category : Political Science
Languages : en
Pages : 854
Book Description
American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
OBLIGATION OF CONTRACTS CLAUSE
Author: Warren Belknap HuntingPublisher:
ISBN: 9781372891618
Category : History
Languages : en
Pages : 128
Book Description
The Obligation of Contracts Clause of the United States Constitution
Author: Warren Belnap HuntingPublisher:
ISBN: 9780404146740
Category :
Languages : en
Pages : 122
Book Description
The Obligation of Contracts Clause of the United States Constitution
Author: Warren Belknap HuntingPublisher: Palala Press
ISBN: 9781358498893
Category :
Languages : en
Pages :
Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Constitutional Protection of Private Property and Freedom of Contract
Author: Richard A. EpsteinPublisher: Routledge
ISBN: 1135699933
Category : Law
Languages : en
Pages : 430
Book Description
First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Business Law I Essentials
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.