By Charles Wallace Collins
THE reviews the following offered are the outgrowth of a paper learn ahead of the govt membership of Harvard college in February, 1911. a few of them have inside contemporary months seemed, in considerably their current shape, in convinced of the educational and criminal journals. within the guidance of the statistical fabric the writer has made no need of the present digests of deci sions, annotations to the structure, nor of the indices to the excellent courtroom studies, other than when it comes to com parison of effects. He has long gone on to the physique of the studies and given each one case a private exam. a lot repetition should be came across during the paintings. this can detract from its logical team spirit, however it is was hoping that it might probably serve a few objective. the genuine nature of the Fourteenth modification to the structure of the USA is little identified. The procedures of its operation are difficult and complicated. This reiteration, for that reason, of definite salient gains is probably not amiss in helping render extra typical a topic that, al even though now not new traditionally, has been scantily mentioned. The author's thank you are end result of the editors of the next periodicals for the courtesy of extending to him the copyright privileges for using the cloth vii VUl PREFACE within the chapters pointed out lower than: the yank legislations evaluate for Chapters V and VI; the Yale legislation magazine for bankruptcy VII; the Columbia legislations evaluate for bankruptcy VIII; and the South Atlantic Quarterly for bankruptcy X.
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Additional info for The Fourteenth Amendment and the States: A Study of the Operation of the Restraint Clauses of Section One of the Fourteenth Amendment to the Constitution of the United States
Sample text
Within the short period intervening its adoption and the first cases involving its interpretation, the weight of public opinion had already repudiated the governmental ideal of the Radicals. The destinies of the measure having now been left to the Supreme Court, that tribunal attempted to set forth in general terms its future sphere of activity. This was done not so much by way of positive definition as by protests against certain classes of litigation under the Amendment. This original programme of the Court has, by the logic of events, also failed.
Now this lively litigation under the Fourteenth Amendment in the West may be largely accounted for 40 THE FOURTEENTH AMENDMENT AND THE STATES as an attempt by the railroads and other public service corporations to resist the efforts of the people to control them. The hardy and vigorous Western folk stand foremost in the Nation in their attempts to throw off the control of the so-called "interests" and the powers of special privilege. The invoking of the Amendment as a protection from State activity is more prevalent in those sections of the country where legislation and the enforcement of the laws are more vigorous and aggressive.
Massachusetts, 207 U. S. 79. B Heath Mfg. Co. v. Worst, 207 U. S. 338. II Silz v. Hesterberg, 211 U. S. 31. 10 Williams v. Arkansas, 217 U. S. 79. 11 Minor v. Happersett, 21 Wall. 162. 12 Cemetery Co. v. San Francisco, 216 U. S. 358. 1 2 34 THE FOURTEENTH AMENDMENT AND THE STATES affairs of a State - questions which only by the greatest stretch of the imagination can be considered as of national import. Only a very unpractical mind could conjure up a political philosophy that would hold it to be an issue of national concern whether the operating of barber shops on Sunday in Minnesota be a work of necessity or the practice of a handicraft for gain, or what damages should be given a man in Michigan when his neighbor's dog jumps through the front gate and bites him on the leg!