Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-9q27g Total loading time: 0 Render date: 2024-07-22T02:15:07.973Z Has data issue: false hasContentIssue false

4 - Killing with Kindness: Legislative Ambiguity, Judicial Policy Making, and the Clayton Act

Published online by Cambridge University Press:  14 July 2009

George I. Lovell
Affiliation:
University of Washington
Get access

Summary

This pen with which the President signed the Clayton bill has been added to the collection of famous pens at the A.F. of L. headquarters – trophies of humanitarian legislation secured for the workers of America. This last pen will be given the place of greatest honor – it is symbolic of the most comprehensive and most fundamental legislation on behalf of human liberty that has been enacted anywhere in the world. The Clayton law gives bones and sinews to an academic ideal of freedom – it secures industrial freedom and makes the workers free in thought and in act.

AFL President Samuel Gompers, American Federationist, November 1914, 974

It is but declaratory of the law as it stood before.

Justice Mahlon Pitney, Opinion of the Supreme Court on the Clayton Act, in Duplex v Deering, 254 U.S. 443, 470

Upon passage, the labor provisions of the Clayton Act were celebrated by the leaders of the American Federation of Labor (AFL) as a landmark reform, the most important legislative victory ever achieved by the American labor movement. Its subsequent failure to achieve its apparent policy goals has been the subject of continual scholarly interest and concern (Frankfurter and Green 1930, 165–73; Jones 1957; Kutler 1962; Bernstein 1960, ch. 4, esp. 209–10; Forbath 1991, 147–58). Because the failure of the labor provisions is directly traceable to the interpretation that the Supreme Court imposed on each of the celebrated labor provisions, the Clayton Act has become one of the central building blocks of the claim that unelected judges reversed gains made by labor through democratic processes in legislatures.

Type
Chapter
Information
Legislative Deferrals
Statutory Ambiguity, Judicial Power, and American Democracy
, pp. 99 - 160
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×