The Collected Works of William Howard Taft

by Taft, William H.; Anderson, Donald F.; Potash, David; Burton, David Henry

• ISBN13: 9780821414576
• ISBN10: 0821414577
• Format: Hardcover
• Copyright: 2003-03-01
• Publisher: Ohio Univ Pr

Table of Contents

POPULAR GOVERNMENT
Its Essence, Its Permanence, and Its Perils
Commentary by David Potash,	3	(12)
Introduction,	15	(148)
1. The Meaning of "We the People of the United States," in the Preamble of the Constitution,	17	(12)
2. The Representative System,	29	(11)
3. The Initiative and the Referendum,	40	(16)
4. The Initiative, the Referendum, the Recall,	56	(13)
5. The Direct Primary,	69	(14)
6. "In Order to Form a More Perfect Union,"	83	(18)
7. "To Establish Justice," Part I,	101	(16)
8. "To Establish Justice," Part II: The Selection and Tenure of judges,	117	(16)
9. "To Establish Justice," Part III: Public Need of Educated Lawyers and Judges-The Necessity and Advantage of Judge-Made Laws,	133	(12)
10. "To Insure Domestic Tranquility, Provide for the Common Defence,"	145	(18)
THE ANTI-TRUST ACT AND THE SUPREME COURT
Commentary by Donald F. Anderson,	163
1. Limitations upon Rights of Contract as to Property, Business, and Labor at Common Law,	173	(13)
2. General Function of Constitution and Courts in Protection and Limitation of Individual Rights of Property, Contract, and Labor,	186	(11)
3. The Sugar Trust Case, Its Narrowing Effect on the Usefulness of the Statute Justice Harlan's Dissent Now the Law,	197	(7)
4. Error of Mr. Justice Peckham in His Opinions for the Majority in the Trans-Missouri Freight and Joint Traffic Cases in Refusing Aid of Common Law in Interpretation of the Statute-Confusion in Terms but Not in Ultimate Result,	204	(5)
5. Cases after the Sugar Trust Case and before the Standard Oil Case in Which the Effect of the Sugar Trust Decision Was Practically Eliminated,	209	(8)
6. The Standard Oil and Tobacco Trust Cases-Effect of Anti-trust Law on Combinations of Labor Obstructing Interstate Commerce,	217	(8)
7. Ten Cases under Trust Law, Following Standard Oil and Tobacco Decisions, Showing Broad Scope of Those Decisions,	225	(7)
8. Popular Misconception of Supreme Court's Attitude in Constructing Anti-trust Law-No Assumption of Power to Enforce Economic or Political Views of Judges-Merely Following a Common-Law Standard-Admirable Adaptability of Decrees in Equity to Enforcement of Statute-Efficacy of Standard Oil and Tobacco Decrees,	232	(7)
9. Summing up of the Effect of Anti-trust Law on Big Business-Value of First Two Sections As Construed-Danger in Amendments Looking to Greater Severity,	239