Entrepreneurial liberty and the fourteenth amendment

Roche, John P.

doi:10.1080/00236566308583913

Cited by 11 publications

(1 citation statement)

References 7 publications

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“…(312 U.S. 100) was that “contracts were the instruments by which men implemented their property rights in their economic capacities.” Thus, legislation designed to improve working conditions denied workers their constitutionally protected individual rights to negotiate contracts on their own. Therefore, not only was the Interstate Commerce Clause a weak, narrowly understood authority for addressing social welfare issues, but existing jurisprudence, according to Roche, sought to protect individualism from socially progressive economic regulation and “the rising power of the State.” “The conflict of the age was seen as one between the Individual and the state, and the consequences of Statism [sic] (the triumph of the weak over the strong in Spenserian terms) would be decadence and dictatorship” (Roche, ) . In the final analysis, the social reform movement deferred to economic individualism and addressed poverty through efforts to better educate the poor.…”

Section: Poverty In the Context Of The American Systemmentioning

confidence: 99%

The Two Legends of American Poverty: Breaking Out of Poverty's Historic Snare

Dobelstein

2017

Poverty & Public Policy

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Efforts to reduce poverty in America have been hobbled by poverty's historic explanation accompanied by a political reticence to accept its contemporary manifestation. Public policy has directed resources toward modifying personal behavior rather than attending the role macroeconomic decisions contribute to poverty. Whereas poverty could be understood within an environment of economic individualism independent of political choices, the Employment Act of 1946 gave Congress the authority to shape the economy, putting economic choices in the center of the political process, and poverty has become a consequence. Congress holds the political power to shape the economy, and the scope of its constitutional obligation to provide for the General Welfare Clause as stated in the Preamble and in Article 1, Section 8, was clarified in 1936 and applied to the Social Security Act in 1937, giving Social Security and Unemployment Insurance constitutional legitimacy. Social Security has assumed the growing burdens of poverty as America's economic individualism world has waned. Expanded extraordinarily over the past 80 years to enlarge its income maintenance protection, Social Security's twentieth‐century economic structure endangers its twenty‐first‐century obligations while Unemployment Insurance's byzantine financing and its administrative structure have failed miserably to address the problems of contemporary poverty.

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Section: Poverty In the Context Of The American Systemmentioning

confidence: 99%

The Two Legends of American Poverty: Breaking Out of Poverty's Historic Snare

Dobelstein

2017

Poverty & Public Policy

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Biogenese de deux guanidines soufrees: La taurocyamine et l'hypotaurocyamine

Thoại

Zappacosta

Robin

1963

Comparative Biochemistry and Physiology

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Property Law, Expropriation, and Resource Allocation by Government: the United States, 1789–1910

Scheiber

1973

J. Eco. History

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Expropriation of private property by government is seldom found on the list of policies which have influenced the course of economic development in American history. To be sure, the once-vigorous myth of antebellum laisser-faire has been discarded; and it is no longer taken as a startling proposition that governmental interventions to promote and regulate the economy occurred regularly throughout the nineteenth century. But for two reasons, I think, expropriation as an instrument of conscious resource allocation has failed to receive from historians the attention it deserves.

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Entrepreneurial liberty and the fourteenth amendment

Cited by 11 publications

References 7 publications

The Two Legends of American Poverty: Breaking Out of Poverty's Historic Snare

The Two Legends of American Poverty: Breaking Out of Poverty's Historic Snare

Biogenese de deux guanidines soufrees: La taurocyamine et l'hypotaurocyamine

Property Law, Expropriation, and Resource Allocation by Government: the United States, 1789–1910

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