Justice Stephen Field's Cooperative Constitution of Liberty: Liberty in Full

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Justice Stephen Field's Cooperative Constitution of Liberty: Liberty in Full

Author :
Rating : 4.99 (808 Votes)
Asin : 1498554431
Format Type : paperback
Number of Pages : 198 Pages
Publish Date : 2017-04-15
Language : English

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Carrington is assistant professor of politics at Hillsdale College.. Adam M

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.. 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 explains how Field instead saw both these competing conceptions of liberty as legitimate. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. 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. This bookexamines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme

(Johnathan O'Neill, Georgia Southern University)Carrington’s study succeeds on a number of levels at once—first as an introduction to the jurisprudence of one of the most significant Justices of the late 19th century Supreme Court, but also as a meditation on the scope and meaning of the liberty protected by the Constitution and for laying out an alternative vision of how the contemporary Court might seek to balance police powers and individual rights. Field, striving to understand him as he understood himself. (David Ramsey, University of West Florida) . Carringt

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