The Contract Clause

The Contract Clause

Author: James W. Ely, Jr.

Publisher: University Press of Kansas

Published: 2016-10-28

Total Pages: 384

ISBN-13: 0700623078

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Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.


Communities in Action

Communities in Action

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2017-04-27

Total Pages: 583

ISBN-13: 0309452961

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In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.


Shakedown

Shakedown

Author: Steven Malanga

Publisher: Ivan R. Dee

Published: 2010-10-16

Total Pages: 184

ISBN-13: 1566639662

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As their infatuation with President Obama fades, millions of Americans anxiously ask, Is this the change we were waiting for? The current administration represents change, for sure, Steven Malanga argues - a momentous transformation of the fundamental structure of American politics. A self-interested coalition of public-sector unions and government-financed community activists (like the young Barack Obama) has become our era''s characteristic political machine. In Shakedown, Mr. Malanga shows how this machine''s single-minded goal is always bigger government and more public spending. The bill, he says, is now coming due for the relentless rise of this new political powerhouse. He chronicles how public-sector unions and the corrupt political hacks beholden to them have all but bankrupted once-rich states like California and New Jersey. He details the campaigns to undermine the successful and popular 1990s welfare reform and to revitalize the failed, wasteful War on Poverty programs that funnel taxpayer money to the advocacy groups that are integral cogs in the new political machine. And he provides a comprehensive summary of how these same advocacy groups spent decades helping undermine mortgage standards in the name of helping the poor - in the process enriching themselves and enabling the housing meltdown. As Americans anxiously ponder the future direction of their government and their economy, Shakedown explores the questions of who got us in this mess and why we need change - constructive change - more than ever.


The Charles Schwab Guide to Finances After Fifty

The Charles Schwab Guide to Finances After Fifty

Author: Carrie Schwab-Pomerantz

Publisher: Crown Currency

Published: 2014-04-01

Total Pages: 434

ISBN-13: 0804137374

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Here at last are the hard-to-find answers to the dizzying array of financial questions plaguing those who are age fifty and older. The financial world is more complex than ever, and people are struggling to make sense of it all. If you’re like most people moving into the phase of life where protecting—as well as growing-- assets is paramount, you’re faced with a number of financial puzzles. Maybe you’re struggling to get your kids through college without drawing down your life’s savings. Perhaps you sense your nest egg is at risk and want to move into safer investments. Maybe you’re contemplating downsizing to a smaller home, but aren’t sure of the financial implications. Possibly, medical expenses have become a bigger drain than you expected and you need help assessing options. Perhaps you’ll shortly be eligible for social security but want to optimize when and how to take it. Whatever your specific financial issue, one thing is certain—your range of choices is vast. As the financial world becomes increasingly complex, what you need is deeply researched advice from professionals whose credentials are impeccable and who prize clarity and straightforwardness over financial mumbo-jumbo. Carrie Schwab-Pomerantz and the Schwab team have been helping clients tackle their toughest money issues for decades. Through Carrie’s popular “Ask Carrie” columns, her leadership of the Charles Schwab Foundation, and her work across party lines through two White House administrations and with the President’s Advisory Council on Financial Capability, she has become one of America’s most trusted sources for financial advice. Here, Carrie will not only answer all the questions that keep you up at night, she’ll provide answers to many questions you haven’t considered but should.