Police Power Query

[Paul Finkelman]

That's my story, and I'm sticking to it;  the Taney Court invented the 
police powers doctrine to reassure the South that it could control its 
"domestic instiutions" as southerns quaintly referred to slavery.  This 
was also connected to the black seamen's laws in the southern coastal 
states.  Attorneys in Miln discussed the need of South Carolina to be 
able to prevent the entry into their prots of free blacks sailors from 
the US and the British Empire.

Paul Finkelman

Bob Sheridan wrote:
> You might find "The United States Supreme Court, The Pursuit of 
> Justice," edited by Christopher Tomlins (Houghton Mifflin, 2005) of 
> interest.  The article on the Taney Court by one Paul Finkelman has it 
> that the doctrine was newly invented in New York v. Miln (1837) "to 
> allow states to regulate aspects of interstate and international 
> commerce carried on within their own jurisdictions, as long as Congress 
> had not regulated the activity."  There are other references in articles 
> on later courts as the likes of Holmes deals with the police power.
> 
> rs
> 
> John Parry wrote:
> 
>> I'm looking for good discussions of the state "police power" to 
>> protect health, safety, and welfare.  In particular, I am looking for 
>> treatments that have a strong historical component -- that is, what 
>> the police power has meant at different times (and in particular, has 
>> the conception of what a state legitimately might want to regulate 
>> morphed or expanded in any way?).
>>  
>> Any suggestions?  On or off list replies are fine by me.
>>  
>> (and now, back to the Iraqi constitution . . . long may it reign)
>>
>> ********************************************
>> John T. Parry
>> Visiting Professor, Lewis & Clark Law School
>> Associate Professor, University of Pittsburgh School of Law
>> 503-768-6888
>> parry at lclark.edu <mailto:parry at lclark.edu>
>> *********************************************
>>  
>>
>> ------------------------------------------------------------------------
>>
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-- 
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499

918-631-3706 (office)
918-631-2194 (fax)

paul-finkelman at utulsa.edu