Fighting Foreclosure: The Blaisdell Case, the Contract Clause, and the Great Depression (Landmark Law Cases and American Society)

Name: Fighting Foreclosure: The Blaisdell Case, the Contract Clause, and the Great Depression (Landmark Law Cases and American Society)
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Book Synopsis: In the depths of the Great Depression, when foreclosure rates skyrocketed across the United States, more than two dozen states passed mortgage-extension or -adjustment laws to help farmers and homeowners keep their properties. One such statute in Minnesota led to the most important property law case of its time and still casts a long shadow upon constitutional debates and our own era's severe economic downturn.

Fighting Foreclosure marks the first book-length study of the landmark 1934 Supreme Court decision in Home Building and Loan Association v. Blaisdell, which, by a 5-4 vote, upheld the Minnesota Mortgage Moratorium Act. On the one hand, Blaisdell validated efforts by states to offer legislative relief to citizens struggling to keep their farms and homes. On the other, it caused an outcry among banking interests and conservative legal theorists, who argued that these laws violated the Contract Clause of the Constitution and interfered with our free market system.

In his majority opinion, Chief Justice Charles Evans Hughes argued that the reasonable and limited nature of the law and the unusual severity of the emergency it addressed placed it firmly within the “police powers” of the states to protect the health and safety of the people. In a strongly worded dissent, Justice George Sutherland argued for a consistent and strict interpretation of the Contract Clause regardless of economic exigency.

John Fliter and Derek Hoff provide a concise history and analysis of not only this landmark case and the reasoning behind its sharply divided decision but also of the entire history of the Contract Clause. They trace closely the agricultural crisis, political pressures, and farmer-protest movement that produced the Minnesota law. And their study contributes to scholarly debate about the origins of the Constitutional Revolution of 1937, by which the Supreme Court accepted the New Deal, as well as to public debates about constitutional interpretation and the role that government should play in providing relief to distressed citizens.

In the midst of our nation's ongoing suffering from massive foreclosures and bankruptcies, Fighting Foreclosure also offers a potent reminder that the High Court's decisions often revolve around lives at risk as much as abstract legal debates.

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Struggling to keep your property amidst the economic downturn? Introducing Fighting Foreclosure: The Blaisdell Case, the Contract Clause, and the Great Depression, a landmark law case that provides a ray of hope during these difficult times. With more than two dozen states passing mortgage-extension or -adjustment laws, this book delves into the most important property law case of its time and its impact on constitutional debates.

Discover how the 1934 Supreme Court decision in Home Building and Loan Association v. Blaisdell upheld the Minnesota Mortgage Moratorium Act, validating states' efforts to provide relief to citizens fighting to keep their farms and homes. Packed with insightful analyses by John Fliter and Derek Hoff, this book unravels the reasoning behind the court's decision and the historical context of the Contract Clause.

Chief Justice Charles Evans Hughes justifies the law's constitutionality, arguing that its limited nature and the severity of the economic emergency warranted state intervention to protect people's health and safety. However, Justice George Sutherland's strong dissent advocates for a strict interpretation of the Contract Clause, regardless of economic exigency. This gripping debate sets the stage for examining the entire history of the Contract Clause and the impact of the Constitutional Revolution of 1937.

As we navigate through the ongoing suffering caused by foreclosures and bankruptcies, Fighting Foreclosure serves as a timely reminder that the Supreme Court's decisions are not mere legal debates; they often have real-life consequences. Now is the time to reflect on the role of government in providing relief to distressed citizens. Don't miss out on this essential read!

Get your copy of Fighting Foreclosure today and gain valuable insights into the historical and legal aspects of property rights during times of crisis. Don't let foreclosure be the end of your story. Take control of your future with this groundbreaking book.

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