David Brewer, Natural Rights, and the Triumph of Equity
This chapter presents Brewer's opinion on equity jurisprudence. For Brewer, the federal government's eligibility to invoke the federal equity jurisdiction was coterminous with its enumerated powers under the Constitution. And, even if the government could not point to any property “right” of its own, the “common rights” of the citizenry were at stake, and equity was available to vindicate them.
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