Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-26T17:48:28.379Z Has data issue: false hasContentIssue false

5 - “The Ground under Our Feet”

The Birth of Public Utilities

Published online by Cambridge University Press:  08 June 2023

Matthew Titolo
Affiliation:
West Virginia University College of Law
Get access

Summary

As state and local governments moved into the infrastructure field, they also revolutionized public finance and set the stage for infrastructure politics in the twentieth century. Governments at every level broadened their fiscal footprints to accommodate new infrastructure development after the Civil War. Governments were not supposed to direct public money into private hands, but this legal principle was in inevitable conflict with the public–private model of infrastructure development. In any event, state governments created numerous workarounds, most notably by allowing cities to tax and spend instead of states doing it themselves. Finally, the Civil War fundamentally changed the balance of power between federal and state governments. The 14th Amendment seemed to promise a new era of expanded rights for black Americans and other groups against discriminatory state power. As public power spread like a web over economic life, conservative jurists such as Ernst Freund, Christopher Tiedemann, Thomas Cooley, and others asked whether there were any limits at all on government power to advance what legislatures called “the public good.” Their views would inform laissez-faire legalism from its rise after the Civil War until its demise in the 1930s.

Type
Chapter
Information
Privatization and Its Discontents
Infrastructure, Law, and American Democracy
, pp. 134 - 168
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×