Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

History

2013

Faculty Scholarship

Articles 1 - 1 of 1

Full-Text Articles in Entire DC Network

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp Feb 2013

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp

Faculty Scholarship

The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute ...