The Paradox of Paternalism and Laissez-Faire Constitutionalism: United States Supreme Court, 1888-1921

Law and History Review, Vol. 5, No. 1, pp. 249-279, 1987

33 Pages Posted: 21 Jan 2010

See all articles by Aviam Soifer

Aviam Soifer

University of Hawaii at Manoa - William S. Richardson School of Law

Date Written: March 1, 1987

Abstract

After World War I, the Supreme Court was poised to join or even to lead the country in its quest for a return to normalcy. Had the Justices paused to assess the status of paternalism when Taft joined them in 1921, they might have seen that earlier constitutional efforts to confine and control the threat were inconsistent and largely unavailing. The federal judiciary had not succeeded in its effort, as Brooks Adams put it, 'to dislocate any comprehensive body of legislation whose effect would be to change the social status'. But protecting individuals and the nation from the dangers of debilitating legislative protection was not a cause to be abandoned lightly and the Taft Court tried to stem the tide.

Suggested Citation

Soifer, Aviam, The Paradox of Paternalism and Laissez-Faire Constitutionalism: United States Supreme Court, 1888-1921 (March 1, 1987). Law and History Review, Vol. 5, No. 1, pp. 249-279, 1987. Available at SSRN: https://ssrn.com/abstract=1539633

Aviam Soifer (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole St.
Honolulu, HI 96822-2350
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
58
Abstract Views
382
rank
375,814
PlumX Metrics