Law, the State, and the Spatial Integration of the United States
- 1 October 1981
- journal article
- research article
- Published by SAGE Publications in Environment and Planning A: Economy and Space
- Vol. 13 (10) , 1197-1232
- https://doi.org/10.1068/a131197
Abstract
The rules and standards of law both regulate behavior (individual or group) and provide the context within which behavior occurs. By means of a hermeneutic framework, the spatial integration of the United States economy is interpreted in terms of the structure and application of laws adjudicated by the Supreme Court. Emphasis is placed, in particular, upon the substantive aspects of law which have provided the conditions for national economic growth. It is argued that spatial integration can be derived as an outcome from earlier debates between competing classes of the revolutionary era and from an agreement between these classes that the basic unit of American society would be the individual. However, it is also shown that control of the state by the ruling class also enabled the implementation of a policy of spatial integration as part of an overall agenda of national economic development. Evidence in support of this interpretation is drawn from Supreme Court decisions relating, for example, to the Commerce Clause and relative legal autonomy of the local state.Keywords
This publication has 38 references indexed in Scilit:
- Democracy and Distrust: A Theory of Judicial ReviewHarvard Law Review, 1981
- The Four Stages of Capitalism: Reflections on Investment Management TreatisesHarvard Law Review, 1981
- CAPITALISM AND REGIONAL INEQUALITY∗Annals of the American Association of Geographers, 1980
- Law and MarxismCapital & Class, 1980
- URBAN IMPACT ANALYSIS: A NEW TOOL FOR MONITORING THE GEOGRAPHICAL EFFECTS OF FEDERAL POLICIESThe Professional Geographer, 1980
- State Constitutions and the Protection of Individual RightsHarvard Law Review, 1977
- The Role of the Supreme Court in American GovernmentStanford Law Review, 1976
- Good Economics. Bad LawVirginia Law Review, 1974
- The Open Economy: Justice Frankfurter and the Position of the JudiciaryThe Yale Law Journal, 1957
- The Original Understanding and the Segregation DecisionHarvard Law Review, 1955