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The Thirteenth Amendment versus the Commerce Clause: Labor and the Shaping of the Post-New Deal Constitutional Order

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Text
TitleInfo
Title
The Thirteenth Amendment versus the Commerce Clause: Labor and the Shaping of the Post-New Deal Constitutional Order
Name (authority = orcid); (authorityURI = http://id.loc.gov/vocabulary/identifiers/orcid.html); (type = personal); (valueURI = http://orcid.org/0000-0003-1540-2718)
NamePart (type = family)
Pope
NamePart (type = given)
James G.
Affiliation
Dean's Office (School of Law-Newark), Rutgers University
Role
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author
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Dean's Office (School of Law-Newark)
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School of Law-Newark
Genre (authority = RULIB-FS)
Article, Refereed
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Version of Record (VoR)
Note (type = peerReview)
Peer reviewed
OriginInfo
DateIssued (encoding = w3cdtf); (keyDate = yes)
2002
Abstract (type = Abstract)
During the twentieth century, Congress's power to regulate commerce grew sensationally while its human rights powers atrophied. This strange phenomenon originated in the choice, made by lawyers and politicians in the early 1930s, to base labor rights statutes like the Wagner Act on the Commerce Clause instead of the Thirteenth Amendment. Unions and workers argued that the rights to organize and strike made the difference between freedom and involuntary servitude. But a bevy of progressive lawyers who styled themselves friends of labor undermined labor's Thirteenth Amendment theory. The article argues that this clash reflected not merely tactical differences among allies, but fundamentally conflicting constitutional goals. It contends that the Supreme Court upheld the Wagner Act not because of the lawyers' Commerce Clause arguments, but because workers staged a series of sit-down strikes that confronted the swing justices with a choice between industrial peace or war. Afterward, unions and workers interpreted the Wagner Act decisions as victories for labor freedom, but the Act's Commerce Clause foundation pointed in a different direction - one leading to fateful distortions in the jurisprudence of congressional powers.
Language
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English
PhysicalDescription
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application/pdf
Extent
123 pages
Subject (authority = local)
Topic
Popular constitutionalism
Subject (authority = local)
Topic
Constitutional revolution
Subject (authority = local)
Topic
Thirteenth Amendment
Subject (authority = local)
Topic
Involuntary servitude
Subject (authority = local)
Topic
Right to strike
Subject (authority = local)
Topic
Right to organize
Subject (authority = local)
Topic
Norris-LaGuardia Act
Subject (authority = local)
Topic
National Labor Relations Act
Extension
DescriptiveEvent
Type
Citation
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2002
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Columbia Law Review
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Journal
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Has part
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1-122
Identifier (type = volume and issue)
102
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TitleInfo
Title
Pope, James G.
Identifier (type = local)
rucore30247300001
Location
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NjNbRU
Identifier (type = doi)
doi:10.7282/T3D79FV7
Genre (authority = ExL-Esploro)
Journal Article
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Copyright for scholarly resources published in RUcore is retained by the copyright holder. By virtue of its appearance in this open access medium, you are free to use this resource, with proper attribution, in educational and other non-commercial settings. Other uses, such as reproduction or republication, may require the permission of the copyright holder.
Copyright
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Copyright protected
Availability
Status
Open
Reason
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RightsEvent
Type
Permission or license
AssociatedObject
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License
Name
Sole author license v. 1
Detail
I hereby grant to Rutgers, The State University of New Jersey (Rutgers) the non-exclusive right to retain, reproduce, and distribute the deposited work (Work) in whole or in part, in and from its electronic format, without fee. This agreement does not represent a transfer of copyright to Rutgers.Rutgers may make and keep more than one copy of the Work for purposes of security, backup, preservation, and access and may migrate the Work to any medium or format for the purpose of preservation and access in the future. Rutgers will not make any alteration, other than as allowed by this agreement, to the Work.I represent and warrant to Rutgers that the Work is my original work. I also represent that the Work does not, to the best of my knowledge, infringe or violate any rights of others.I further represent and warrant that I have obtained all necessary rights to permit Rutgers to reproduce and distribute the Work and that any third-party owned content is clearly identified and acknowledged within the Work.By granting this license, I acknowledge that I have read and agreed to the terms of this agreement and all related RUcore and Rutgers policies.
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ContentModel
Document
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1.5
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Acrobat Distiller 6.0 (Windows)
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2006-02-14T12:28:31
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2006-02-14T12:29:45
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