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Nick John Peter Meros

Supreme Court

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Mr. Justice Horace Gray: Judicial Philosophy And Supreme Court Jurisprudence, Nick John Peter Meros Sep 2011

Mr. Justice Horace Gray: Judicial Philosophy And Supreme Court Jurisprudence, Nick John Peter Meros

Nick John Peter Meros

The vast majority of contemporary biographic paradigms of Supreme Court Justice Horace Gray classify him as a ``nationalist,'' or ardent supporter of the federal government's interest and sovereignty over state and local governments. Legal historians and scholars cite decisions and opinions in which he promoted ``substantial and effective national government power'' over interstate commerce and upheld state government’s police powers as evidence for his ``nationalism.''

My research, however, reveals that Justice Gray repeatedly ruled against the federal government and for state and local interests. Moreover, Gray's opinions in favor of the federal government highlighted not its superiority over state and …