rethinking the new deal court the structure of a constitutional revolution

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Rethinking The New Deal Court

Author : Barry Cushman
ISBN : 019535401X
Genre : Law
File Size : 27. 7 MB
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Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.

The Constitution And The New Deal

Author : G. Edward WHITE
ISBN : 0674008316
Genre : Law
File Size : 76. 71 MB
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In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

The New Deal Lawyers

Author : Peter H. Irons
ISBN : 0691000824
Genre : History
File Size : 79. 2 MB
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From the perspective of young lawyers in three key New Deal agencies, this book traces the path of crucial constitutional test cases during the years from 1933 to 1937.From the perspective of young lawyers in three key New Deal agencies, this book traces the path of crucial constitutional test cases during the years from 1933 to 1937.

Free Soil Free Labor Free Men

Author : Eric Foner
ISBN : 0199762260
Genre : Political Science
File Size : 41. 36 MB
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Since its publication twenty-five years ago, Free Soil, Free Labor, Free Men has been recognized as a classic, an indispensable contribution to our understanding of the causes of the American Civil War. A key work in establishing political ideology as a major concern of modern American historians, it remains the only full-scale evaluation of the ideas of the early Republican party. Now with a new introduction, Eric Foner puts his argument into the context of contemporary scholarship, reassessing the concept of free labor in the light of the last twenty-five years of writing on such issues as work, gender, economic change, and political thought. A significant reevaluation of the causes of the Civil War, Foner's study looks beyond the North's opposition to slavery and its emphasis upon preserving the Union to determine the broader grounds of its willingness to undertake a war against the South in 1861. Its search is for those social concepts the North accepted as vital to its way of life, finding these concepts most clearly expressed in the ideology of the growing Republican party in the decade before the war's start. Through a careful analysis of the attitudes of leading factions in the party's formation (northern Whigs, former Democrats, and political abolitionists) Foner is able to show what each contributed to Republican ideology. He also shows how northern ideas of human rights--in particular a man's right to work where and how he wanted, and to accumulate property in his own name--and the goals of American society were implicit in that ideology. This was the ideology that permeated the North in the period directly before the Civil War, led to the election of Abraham Lincoln, and led, almost immediately, to the Civil War itself. At the heart of the controversy over the extension of slavery, he argues, is the issue of whether the northern or southern form of society would take root in the West, whose development would determine the nation's destiny. In his new introductory essay, Foner presents a greatly altered view of the subject. Only entrepreneurs and farmers were actually "free men" in the sense used in the ideology of the period. Actually, by the time the Civil War was initiated, half the workers in the North were wage-earners, not independent workers. And this did not account for women and blacks, who had little freedom in choosing what work they did. He goes onto show that even after the Civil War these guarantees for "free soil, free labor, free men" did not really apply for most Americans, and especially not for blacks. Demonstrating the profoundly successful fusion of value and interest within Republican ideology prior to the Civil War, Free Soil, Free Labor, Free Men remains a classic of modern American historical writing. Eloquent and influential, it shows how this ideology provided the moral consensus which allowed the North, for the first time in history, to mobilize an entire society in modern warfare.

Overruled The Long War For Control Of The U S Supreme Court

Author : Damon Root
ISBN : 9781137474681
Genre : Political Science
File Size : 89. 79 MB
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Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

Unequal Justice

Author : Jerold S. Auerbach
ISBN : 9780195021707
Genre : Law
File Size : 82. 34 MB
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Focuses on the elite nature of the profession, with its emphasis on serving business interests and its attempt to exclude participation by minorities.

The Ages Of American Law

Author : Grant Gilmore
ISBN : 9780300211047
Genre : Law
File Size : 83. 61 MB
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Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst

We The People Volume 3

Author : Bruce Ackerman
ISBN : 9780674416499
Genre : Law
File Size : 35. 50 MB
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The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v Board of Education. Laws that ended Jim Crow and ensured equal rights at work, in schools, and in the voting booth gained congressional approval only after the American people mobilized their support.

Answering The Call Of The Court

Author : Vanessa A. Baird
ISBN : 0813925827
Genre : Law
File Size : 65. 98 MB
Format : PDF
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The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court's agenda. Vanessa A. Baird's Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices' priorities, litigants' strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court's agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court's agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.

The Supreme Court Reborn

Author : William E. Leuchtenburg
ISBN : 019802715X
Genre : Law
File Size : 81. 73 MB
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For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds, aided by the swing vote of Justice Owen Roberts--struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Hoursemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress; it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Rosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional Revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of Civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice; shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court.

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