Equity and the Constitution

Since the landmark desegregation decisions in the "Brown vs. Board of Education" cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries? In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to" individuals "in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social "classes." This "sociological" understanding, in McDowell's view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.

ISBN 0226558142   Pages 196 ISBN13 9780226558141 (What's this?)   Volumes 1 Publisher The University of Chicago Press   Weight (grammes) 452 Imprint University of Chicago Press   Published in Chicago, IL Format Hardback   Height (mm) 230 Publication date 01 May 1982   Width (mm) 150 Library of Congress KF399.M32   Spine width (mm) 17 DEWEY 347.306040269   Academic level Undergraduate, Postgraduate, Professional / Scholarly DEWEY edition DC19

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