The Iron Horse and the Constitution

The Railroads and the Transformation of the Fourteenth Amendment

Richard C. Cortner (Autor)

Buch | Hardcover

248 Seiten

1993
Praeger Publishers Inc (Verlag)
978-0-313-28578-3 (ISBN)

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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.

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.

Preface Defiance and Defeat: The Railroads and the Granger Cases The Revival of "Grangerism" in Minnesota The Genesis of the Minnesota Milk Rate Case The Iowa Rate Fight The Appeal to the Supreme Court A Centennial Decision: The Roads Prevail The Struggle Renewed: The Eleventh Amendment, The Roads, and Minnesota in 1907 The Minnesota Rate Fight and the Genesis of Ex Parte Young The Eleventh Amendment and Ex Parte Young: The Court Decides Epilogue Notes Bibliographical Essay Index

Erscheint lt. Verlag	30.4.1993
Sprache	englisch
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Umweltrecht
	Technik
ISBN-10	0-313-28578-0 / 0313285780
ISBN-13	978-0-313-28578-3 / 9780313285783
Zustand	Neuware