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Justice Stephen Field's Cooperative Constitution of Liberty - Liberty in Full (Hardcover)
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Justice Stephen Field's Cooperative Constitution of Liberty - Liberty in Full (Hardcover)
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This book examines liberty's Constitutional meaning through the
jurisprudence of Justice Stephen Field, one of the late-Nineteenth
Century's most influential Supreme Court Justices. A Lincoln
appointee who served on the Court from 1863-1897, Field articulated
a view of Constitutional liberty that speaks to contemporary
disputes. Today, some see liberty as protection through government
regulation against private oppression. Others see liberty as
protection from government through limits on governmental power.
Justice Field is often viewed as siding against government power to
regulate, acting as a pre-cursor to the infamous "Lochner" Era of
the Court. This work explains how Field instead saw both these
competing conceptions of liberty as legitimate. In fact, the two
cooperated toward a common end. In his opinions, Field argued that
protections through and from government worked in tandem to guard
fundamental individual rights. In describing this view of liberty,
Field addressed key Constitutional provisions that remain a source
of debate, including some of the earliest interpretations of the
Due Process Clause, its relationship to state police power and
civil rights, and some of the earliest assertions of a national
police power through the Commerce Clause. This work furthermore
addresses the underpinnings of Field's views, namely that he
grounded his reading of the Constitution in the context of the
common law and the Declaration of Independence. In his principles
as well as his approach, this book argues, Justice Field presents a
helpful discussant in ongoing debates regarding the meaning of
liberty and of the Constitution.
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