Passenger Cases and the Commerce Clause : Immigrants, Blacks, and States' Rig...

by Tony Allan Freyer

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Passenger Cases and the Commerce Clause : Immigrants, Blacks, and States' Rights in Antebellum America, Paperback by Freyer, Tony Allan, ISBN 0700620095, ISBN-13 9780700620098, Like New Used, Free shipping in the US In 1849 Chief Justice Taney's Court delivered a 5-4 decision on the legal status of immigrants and free blacks under the federal commerce power. The closely divided decision, further emphasized by the fact there were eight opinions, played a part in the increasingly contested politics over growing immigration, and the controversies about fugitive slaves and the western expansion of slavery that resulted in the Compromise of 1850. In the decades after the Civil War federal regulation of immigration almost entirely displaced the role of the states. Yet, over a century later, Justice Scalia in Arizona v. US appealed to the era when states exercised greater control over who they allowed to cross their borders; a dissent which has returned the Passenger Cases to the contemporary relevance. The Passenger Cases provide a counter-history that allowed the Court to affirm federal supremacy and state-federal cooperation in Arizona I (2011) and II (2012). In The Passenger Cases and the Commerce Clause Tony Allan Freyer focuses on the antebellum Supreme Court's role prescribing state-federal regulation of immigrants, the movement of free blacks within the United States and on the origins, state court decisions, federal precedents, appellate arguments, and opinion-making that c

• Publisher: University Press of Kansas
• Year: 2014
• Binding: Paperback
• ISBN: 9780700620098
• Condition: Fine

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