Home » Equity and the Constitution: The Supreme Court, Equitable Relief, and Public Policy by Gary L. McDowell
Equity and the Constitution: The Supreme Court, Equitable Relief, and Public Policy Gary L.  McDowell

Equity and the Constitution: The Supreme Court, Equitable Relief, and Public Policy

Gary L. McDowell

Published April 1st 1982
ISBN : 9780226558141
Hardcover
198 pages
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 About the Book 

Since the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped itsMoreSince the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries?In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of confining the operation of unjust and partial laws. It has now been stretched to offer relief to broadly defined social classes. This sociological understanding, in McDowells view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.