Law, the State, and the Spatial Integration of the United States

1981 ◽  
Vol 13 (10) ◽  
pp. 1197-1232 ◽  
Author(s):  
G L Clark
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
The State ◽  
Basic Unit ◽  
Spatial Integration ◽  
Ruling Class ◽  
Revolutionary Era ◽  
National Economic ◽  
The Individual

The rules and standards of law both regulate behavior (individual or group) and provide the context within which behavior occurs. By means of a hermeneutic framework, the spatial integration of the United States economy is interpreted in terms of the structure and application of laws adjudicated by the Supreme Court. Emphasis is placed, in particular, upon the substantive aspects of law which have provided the conditions for national economic growth. It is argued that spatial integration can be derived as an outcome from earlier debates between competing classes of the revolutionary era and from an agreement between these classes that the basic unit of American society would be the individual. However, it is also shown that control of the state by the ruling class also enabled the implementation of a policy of spatial integration as part of an overall agenda of national economic development. Evidence in support of this interpretation is drawn from Supreme Court decisions relating, for example, to the Commerce Clause and relative legal autonomy of the local state.

Letters to the Editor

PEDIATRICS ◽  
1957 ◽  
Vol 20 (5) ◽  
pp. 918-919
Author(s):  
AIMS C. MCGUINNESS
Keyword(s):  
United States ◽  
Bacterial Infections ◽  
The United States ◽  
The State ◽  
Letters To The Editor ◽  
Mild Disease ◽  
The Individual

I certainly agree with Dr. Dietrich that Asian influenza thus far has been a mild disease and not too serious a problem for the individual. Dr. Burney has pointed this out on a number of occasions, as, for example, in his remarks before the State and Territorial Health Officers on August 27. I agree, too, that the availability of antibiotics to deal with secondary bacterial infections should, to a great extent, minimize the severity of any epidemic in the United States.

The State Delegations and the Structure of Party Voting in the United States House of Representatives

1956 ◽  
Vol 50 (4) ◽  
pp. 1023-1045 ◽  
Author(s):  
David B. Truman
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Voting Behavior ◽  
The United States ◽  
The State ◽  
Congressional Voting ◽  
Minor Significance ◽  
Party Voting ◽  
The Individual ◽  
State Delegations

Recent controversies over the degree of responsibility displayed by American parties have underscored at least one feature of voting in the Congress. Whatever the merits of the contending interpretations and demands, the facts adduced on both sides suggest relatively fluid, unstructured voting patterns, especially in the House of Representatives. Although the party label is clearly the single most reliable indicator of congressional voting behavior, it is admittedly somewhat less than perfect. The individual Representative may fairly often dissent from the views of most of his party colleagues, not only on matters of local or minor significance but also on issues of national or even global import.The Representative's “independence” is most commonly, and in a good many instances accurately, ascribed to peculiarities of his constituency which generate demands for a non-conforming vote or, perhaps more frequently, are expected to be the source of recriminations and penalities if he does not display independence of his party colleagues on certain types of issues. But the Member of Congress is by no means always able to predict the electoral consequences of his choices even though he is sure that they may produce repercussions in his district.

The Constitution, the Supreme Court, and Religion

1967 ◽  
Vol 61 (3) ◽  
pp. 657-674 ◽  
Author(s):  
William A. Carroll
Keyword(s):  
United States ◽  
Public Schools ◽  
Supreme Court ◽  
National Policy ◽  
The United States ◽  
The State ◽  
Local School ◽  
The Supreme Court ◽  
Liberty Of Conscience ◽  
Bible Reading

The Supreme Court of the United States, whose decisions not only define constitutional law but vitally affect national policy, has long held both an honored and a controversial place in American life. In no area do its decisions bring it more honor or more controversy than in the field of religion; for, as a member of the First Congress under the Constitution said, “the rights of conscience are, in their nature, of peculiar delicacy, and will little bear the gentlest touch of governmental hand. … Thus, the same decision of the Court may be hailed by some as a great landmark in the struggle for religious liberty, and denounced by others as a serious invasion of liberty of conscience. For although it may be pleasant to dream of religion insulated from governmental touch, the dual membership of citizens in the state and in religious bodies insures that conscience and government will touch at some points with inevitable friction, and, to the conscience so touched, it makes little difference whether the governmental hand is that of a local school board, the Congress, or the Supreme Court of the United States.The Court has recently been attacked as antireligious, or at least as callous to our religious heritage, because of its decisions invalidating a state-prescribed prayer and state-prescribed Bible reading in public schools. The first of these decisions prompted the more excited outcry, but the two, at first singly and then together, have precipitated a renewed debate about the proper constitutional relationship between the state and religion.

scholarly journals Wine Tourism After The Direct Shipment Revolution: Implications And A Proposed Methodological Framework

2011 ◽  
Vol 5 (2) ◽  
Author(s):  
Martin A. Goldberg ◽  
James Murdy
Keyword(s):  
United States ◽  
New York ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
State Laws ◽  
Wine Tourism ◽  
Interstate Commerce ◽  
The Individual

The United States Supreme Court recently considered challenges to two state laws regarding direct shipment of wine and spirits from out-of-state. Michigan law banned these direct shipments completely, requiring sales from out-of-state to be made through a Michigan wholesaler, even though it permitted direct shipments from within the state. New York law similarly banned direct shipments, although it created a narrow exception for out-of-state wine producers who maintained a place of business within New York. In Granholm v. Heald, the United States Supreme Court considered the constitutionality of these laws in light of the constitutional prohibition against state laws that unreasonably burden interstate commerce. The Court held that these laws did in fact impermissibly discriminate against interstate commerce, and were unconstitutional. It held that a state may permit direct shipments or prohibit them, but it could not create a discriminatory system where in-state direct shipment were permitted but out-of-state shipments were prohibited or burdened with additional costs. This decision left it to the individual state governments to fashion whatever direct shipment laws they wished, as long as the laws did not treat shipments from out of state differently from shipments within the state. As the individual states respond to this mandate, we can see how these new laws will impact wine tourism, actual and Internet travel for the purpose of experiencing and purchasing regional wines.

James Iredell

2019 ◽  
pp. 178-196
Author(s):  
Willis P. Whichard
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
Federal Court ◽  
The United States ◽  
United States Supreme ◽  
George Washington ◽  
Political Activities ◽  
Revolutionary Era ◽  
The Public

This essay examines the public career of James Iredell, who was probably Revolutionary-era North Carolina’s most influential propagandist. His first published essay, which appeared in September 1773, defended the jurisdiction of colonial courts in the foreign attachment controversy, and he was one of the first Whig writers to reject the sovereignty of Parliament in America. During the Revolution, Iredell continued to write on behalf of the American cause, but financial woes limited his political activities. During the debate over the ratification of the Constitution, however, Iredell emerged as one of North Carolina’s most energetic Federalists, and George Washington rewarded him with an appointment to the United States Supreme Court. Like many southern Federalists, Iredell supported the new government, but was wary of pushing federal power too far, and in his best known opinion, a dissent in Chisholm v. Georgia (1793), he argued that a state could not be sued in federal court without its consent.

Is the State Subject to the Rule of Law?

1974 ◽  
Vol 9 (3) ◽  
pp. 369-412 ◽  
Author(s):  
Jacob Potchebutzky
Keyword(s):  
United States ◽  
Rule Of Law ◽  
The United States ◽  
The State ◽  
The Other ◽  
Private Law ◽  
The Rule Of Law ◽  
Jewish Thought ◽  
Government Body ◽  
The Individual

Sec. 42 of the Interpretation Ordinance [New Version] provides that: “Save as may be otherwise expressly provided therein, no enactment shall affect any right of, or impose any obligation upon, the State.”It is generally accepted that the source of the section lies in the traditional supremacy of the English Crown. Since the Crown is the lawmaker it cannot be fettered by the laws it makes unless there is express provision to that effect. On the other hand where laws confer rights upon the Crown, a contrary rule sometimes operates that a statute is to be interpreted in favour of the Crown, since in enacting it the King's subjects act as grantors of rights and the rule against derogation from grant takes effect. In point of logic, however, even without express provision there is nothing to prevent a lawgiver from placing restrictions upon himself.In Jewish thought indeed although the law emanates from the Almighty, who is indeniably Supreme Authority—”the King of Kings”—it is deemed to apply even to Him.It is surprising therefore to note that even in the United States, that model of democracy where the rights of the individual are so protected, the English approach has been adopted and extended to every government body even in the area of private law.

Exile within the United States

1965 ◽  
Vol 11 (1) ◽  
pp. 22-29
Author(s):  
Brent T. Lynch
Keyword(s):  
United States ◽  
Public Policy ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
Prison Inmates ◽  
Federal Constitution ◽  
The Supreme Court ◽  
Executive Agency

The Utah Board of Pardons, an executive agency, releases some Utah prison inmates by an order of "conditional termina tion," which directs the recipient to leave the state immediately and remain away permanently. The Supreme Court of Utah has recently held this order to be valid and constitutional, a ruling attacked by this article, which cites cases wherein rights guaranteed by the federal Constitution are violated. Public policy, sound penology, and constitutional law all militate against use of conditional termination.

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