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What is The Contract Clause : A Constitutional History about?

376 pages : 24 cm Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause--Article I, Section 10--reads that no state shall "pass any law impairing the Obligation of Contracts." Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth centu

Author

James W. Jr. Ely

Publisher

Lawrence, Kansas: University Press of Kansas

Published

2016

Language

EN

ISBN

9780700623075

Subjects

Law, Political Science