The Constitution and Economic Regulation: Commerce Clause and the Fourteenth Amendment

ISBN-13: 9781138515628 / Angielski / Miękka / 2017 / 324 str.

Alba, Victor|||Conant, Michael

Opis

This study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy

Spis treści

1: Constitutional Structure and Functions; 2: Objective Theory of Interpretation: Textual Analysis in Social Context; 3: Judicial Review of Legislation: Scope and Limits; 4: Commerce Clause: Textual Meaning and Judicial Misconstruction; 5: Commerce Clause: Federalism and the Regulation of State Transactions; 6: The Commerce Clause and the Law Merchant: Law of Nations; 7: Constitutional Privileges and Immunities: The Ninth Amendment and the Antimonopoly Tradition; 8: Procedural Essence of Due Process: Judicial Error of Substantive Scope; 9: Injunctions against Labor Unions: Antitrust and Due Process; 10: Equal Protection Clause: Rights of Persons and Firms

O autorze

Michael Conant