The United States Since the Civil WarLingley, Charles Ramsdell
History
The United States Since the Civil War
Lingley, Charles Ramsdell
United States -- History -- 1865-1921
Later decisions, such as that of 1889 in Chicago, Milwaukee and St.
Paul Railway Company _v._ Minnesota, left no doubt of the fact that the
Court had come to look upon the Fourteenth Amendment as much more than
a protective device for the negro. The full meaning of the change,
however, did not appear until after 1890, and is a matter for later
consideration. In brief, then, before 1890, the Supreme Court was
content in the main to avoid the review of state legislation concerning
the ownership and control of private property, a practice which lodged
great powers in the state courts and legislatures. By that year,
however, it was manifest that the Court had undergone a complete change
and that it had adopted a theory which would greatly enlarge the
functions of the federal courts, at the expense of the states. The
medium through which the change came was the Fourteenth Amendment.
The demand on the part of business men for protection from state
legislation, which Roscoe Conkling described in the San Mateo case,
arose from their belief in the economic doctrine of _laissez faire_.
Believers in this theory looked upon legislation which regulated
business as a species of meddling or interference. The individual, they
thought, should be allowed to do very much as he pleased, entering into
whatever business he wished, and buying and selling where and how and
at what prices suited his interests, stimulated and controlled by
competition, but without direction or restriction by the government. It
was believed that the amazing success of the American business pioneer
was proof of the wisdom of the _laissez faire_ philosophy. The economic
giant and hero was the self-made man.
Economic abuses, according to the _laissez faire_ philosophy, would
normally be corrected by economic law, chiefly through competition. If,
for illustration, any industry demanded greater returns for its
products than proved to be just in the long run, unattached capital
would be attracted into that line of production, competition would
ensue, prices would be again lowered and justice would result. Every
business man would exert himself to discover that employment which
would bring greatest return for the capital which he had at his
command. He would therefore choose such an industry and so direct it as
to make his product of the greatest value possible. Hence although he
sought his own interests, he would in fact promote the interest of the
public.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account