Cover: The Court and the Constitution, from Harvard University PressCover: The Court and the Constitution in E-DITION

The Court and the Constitution

Product Details


$65.00 • £54.95 • €60.00

ISBN 9780674429185

Publication Date: 09/14/1951

102 pages


Available from De Gruyter »

Media Requests:

Related Subjects

Harvard University Press has partnered with De Gruyter to make available for sale worldwide virtually all in-copyright HUP books that had become unavailable since their original publication. The 2,800 titles in the “e-ditions” program can be purchased individually as PDF eBooks or as hardcover reprint (“print-on-demand”) editions via the “Available from De Gruyter” link above. They are also available to institutions in ten separate subject-area packages that reflect the entire spectrum of the Press’s catalog. More about the E-ditions Program »

A citizen of the United States owes allegiance to two sovereignties: his nation and his state. The Supreme Court has had to resolve the conflicts that inevitably result from this dual form of government. In performing this duty, the Court has repeatedly found it necessary to announce principles and rules nowhere expressly stated in the constitution. The nature of this interpretative process, and its general trend over the years, are Justice Owen Roberts’s concern. He investigates what has happened in three important areas in which both the states and the federal government have power—taxation, regulation, and due process. After stating the original constitutional provisions that apply in each area, he examines (with liberal quotations from the relevant decisions) the nature of the Supreme Court’s interpretations. In general, says Justice Roberts, Supreme Court decisions have furthered the development of centralization and the broadening of federal over state power.

Recent News

Black lives matter. Black voices matter. A statement from HUP »

From Our Blog

Jacket: Iron and Blood: A Military History of the German-Speaking Peoples since 1500, by Peter Wilson, from Harvard University Press

A Lesson in German Military History with Peter Wilson

In his landmark book Iron and Blood: A Military History of the German-Speaking Peoples since 1500, acclaimed historian Peter H. Wilson offers a masterful reappraisal of German militarism and warfighting over the last five centuries, leading to the rise of Prussia and the world wars. Below, Wilson answers our questions about this complex history,