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The Iron Horse and the Constitution - The Railroads and the Transformation of the Fourteenth Amendment (Hardcover, New)
Loot Price: R2,851
Discovery Miles 28 510
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The Iron Horse and the Constitution - The Railroads and the Transformation of the Fourteenth Amendment (Hardcover, New)
Expected to ship within 10 - 15 working days
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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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