This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...may nullify statutes duly enacted. In the following selection, Professor Carlton discusses this lastnamed obstacle to labor legislation: Trend of Court Decisions.--The extreme aversion to legal limitations upon the independence of the individual, and the excessive fear of governmental control, have led to some ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...may nullify statutes duly enacted. In the following selection, Professor Carlton discusses this lastnamed obstacle to labor legislation: Trend of Court Decisions.--The extreme aversion to legal limitations upon the independence of the individual, and the excessive fear of governmental control, have led to some unanticipated consequences. Certain negative clauses which restrain constituted authority were incorporated into our state and Federal constitutions. These clauses were aimed at the ever-present specter of tyrannical 1 From Frank Tracy Carlton, The History and Problems of Organized Labor. D. C. Heath & Co., 1911; pp. 269-272. government. By a peculiar transmutation through judicial interpretation they have become bulwarks behind which property owners are able to strongly intrench themselves. The familiar clause declaring that no person shall "be deprived of life, liberty, or property, without'due process of law," was originally inserted into our constitutional system in order to prevent confiscation of property by tyrannical officials. Another familiar prohibition incorporated into our constitutional in our Fedsystem for similar reasons declares that no law may be passed which eral and 'state con interferes with the freedom of private contracts or engagements. stitutions Again, more or less defined prohibitions of special or class legislation lj which grants special privileges are found in the constitutions of so as many states; and the fourteenth amendment to the Federal Constitution among other things declares "that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." Strictly interpreted, these clauses seem to constitute a constitu-artificially...
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