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Constitutional Economic Transition

Russell Hardin

in Liberalism, Constitutionalism, and Democracy

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198290841
eISBN:
9780191599415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198290845.003.0006
Subject:
Political Science, Political Theory

The US Constitution embodied a limited degree of laissez faire, enough to give capitalism at least an advantage over any other economic organization of the society if Adam Smith's theory is roughly ... More


Whose Hubris? Brandeis, Scientific Management, and the Railroads

Gerald Berk

in Constructing Corporate America: History, Politics, Culture

Published in print:
2004
Published Online:
September 2007
ISBN:
9780199251902
eISBN:
9780191719059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199251902.003.0005
Subject:
Business and Management, Business History

This chapter reinterprets Louis Brandeis's role in the crisis of progressive era railroad regulation. While others have implicated Brandeis in the crisis, the essay shows how he identified fatal ... More


Democracy and the Origins of the American Regulatory State

Samuel DeCanio

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.001.0001
Subject:
Law, Constitutional and Administrative Law

This book examines how political elites used high levels of voter ignorance to create a new sort of regulatory state with lasting implications for American politics. Focusing on the expansion of ... More


The Conservative Origins of the American Regulatory State

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the American state was initially created by the response of conservative political elites to electoral pressures and concerns regarding the rationality of public opinion, ... More


Interstate Commerce and Free Movement of Goods

Michelle P. Egan

in Single Markets: Economic Integration in Europe and the United States

Published in print:
2015
Published Online:
March 2015
ISBN:
9780199280506
eISBN:
9780191796289
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280506.003.0004
Subject:
Political Science, Political Economy

This chapter focuses on the removal of trade barriers to facilitate the free movements of goods, as interstate commerce is critical for the US and EU market. Whether it is quotas, price controls, or ... More


The Compromise of 1877 and Railroad Regulation

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Compromise of 1877 between Republicans and Southern Democrats involving railroad subsidies that would extend Thomas Scott's Texas and Pacific Railroad into their districts ... More


The Supreme Court Steps In

Stuart Banner

in The Baseball Trust: A History of Baseball's Antitrust Exemption

Published in print:
2013
Published Online:
March 2015
ISBN:
9780199930296
eISBN:
9780190254575
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199930296.003.0003
Subject:
History, Cultural History

This chapter examines the U.S. Supreme Court's ruling in the 1922 case Federal Baseball Club of Baltimore v. National League, in which it decided that the Sherman Antitrust Act of 1890 did not apply ... More


Charles Francis Adams Jr. and Bureaucracy

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines why a commission such as the Interstate Commerce Commission (ICC) was created to regulate the railroads by focusing on the views of railroad expert Charles Francis Adams Jr. It ... More


Slavery and the Commerce Power: How the Struggle Against the Interstate Slave Trade Led to the Civil War

David L. Lightner

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300114706
eISBN:
9780300135169
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300114706.001.0001
Subject:
History, Social History

Despite the United States' ban on slave importation in 1808, profitable interstate slave trading continued. The nineteenth century's great cotton boom required vast human labor to bring new lands ... More


The Gilded Age and the Challenge of Industrialization

James W. Ely

in The Guardian of Every Other Right: A Constitutional History of Property Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195323337
eISBN:
9780199851508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323337.003.0006
Subject:
Law, Legal History

This chapter investigates how the Gilded Age and the challenge of industrialization affected property rights in America. It discusses the actions taken by the Supreme Court that showed its ... More


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