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This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.

History of North America --- History of the law --- History of the United Kingdom and Ireland --- anno 1800-1899 --- Forced labor --- Labor contract --- Law and legislation --- History. --- Criminal provisions --- economie (algemeen) --- arbeid --- economie (overige landen) --- Amerika --- Groot-Brittannië --- Employment contract --- Contracts --- Hire --- Industrial relations --- Labor laws and legislation --- Compulsory labor --- Conscript labor --- Labor, Compulsory --- Labor, Forced --- Employees --- Law and legislation&delete& --- History --- Criminal provisions&delete& --- Arts and Humanities

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In this expansive history, Robert J. Steinfeld offers a thorough re-interpretation of the origins of American judicial review and the central role it quickly came to play in the American constitutional system. Beginning with Privy Council review of American colonial legislation, the book goes on to provide detailed descriptions of the character of the first American constitutions, showing that they drew heavily on traditional Anglo/American constitutional assumptions, which treated legislatures as the primary interpreters of constitutions. Steinfeld then expertly analyses the central role lawyers and judges played in transforming these assumptions, creating the practice and doctrine of American judicial review in a half dozen state cases during the 1780s. The book concludes by showing that the ideas formulated during those years shaped critical decisions taken by the Constitutional Convention of 1787, which turned the novel practice into a permanent, if still deeply controversial, feature of the American constitutional system.

Judicial review --- History --- Review, Judicial --- Constitutional law --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers