Rethinking the New Deal Court: The Structure of a Constitutional RevolutionOxford University Press, 26. 2. 1998. - 336 страница 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. |
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... reasons . First , there is good reason to doubt that it offers an accurate account . The nature of the external account and the evidence available preclude it from being conclusively disproved in its entirety . There is no utterly ...
... reasons . First , there is good reason to doubt that it offers an accurate account . The nature of the external account and the evidence available preclude it from being conclusively disproved in its entirety . There is no utterly ...
Страница 11
... reason for this failure to achieve full justice , the president opined , was the advanced age of the justices . " The modern tasks of judges call for the use of full energies . Modern complexities call also for a constant infusion of ...
... reason for this failure to achieve full justice , the president opined , was the advanced age of the justices . " The modern tasks of judges call for the use of full energies . Modern complexities call also for a constant infusion of ...
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... and 1936 , and if the recent past were to be read as pro- logue , the justices had reason to believe that they could do so again in 1937 . 13 The Court could likewise draw confidence from the size and 12 Rethinking the New Deal Court.
... and 1936 , and if the recent past were to be read as pro- logue , the justices had reason to believe that they could do so again in 1937 . 13 The Court could likewise draw confidence from the size and 12 Rethinking the New Deal Court.
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... reason to doubt that the president's proposal would ever be approved by the Senate . The Democrats ' overwhelming majority in the upper house did appear to give the plan a significant leg up , and there were times , espe- cially early ...
... reason to doubt that the president's proposal would ever be approved by the Senate . The Democrats ' overwhelming majority in the upper house did appear to give the plan a significant leg up , and there were times , espe- cially early ...
Страница 23
... reasons to doubt that the president's proposal influenced the decisions . Sutherland's Carmichael dissent90 suggested ... reason to doubt that the Court - pack- ing plan had sufficient public and congressional support to pose a genuine ...
... reasons to doubt that the president's proposal influenced the decisions . Sutherland's Carmichael dissent90 suggested ... reason to doubt that the Court - pack- ing plan had sufficient public and congressional support to pose a genuine ...
Садржај
3 | |
9 | |
A New Trial for Justice Roberts | 45 |
The Trail of the Yellow Dog | 107 |
The Levee Breaks | 139 |
Notes | 227 |
Index | 309 |
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Rethinking the New Deal Court: The Structure of a Constitutional Revolution Barry Cushman Ограничен приказ - 1998 |
Чести термини и фразе
79 Cong Adair Adkins Alsop and Catledge Amendment association bargaining bill Brandeis Brief business affected Cardozo Carter Coal Charles Evans Hughes Chief Justice citing commerce clause commerce doctrine commerce power Congress congressional constitutionality contended Coppage Corwin current of commerce Deal Lawyers decision dissent due process economic employees federal Felix Frankfurter flow Frankfurter Franklin D Harlan Fiske Stone Holmes Ibid industry interstate commerce intrastate Jackson MSS Jones & Laughlin judicial Justice Roberts legislation Leuchtenburg liberty of contract majority opinion manufacturing Mason Memorandum ment merce minimum wage Munn Nebbia NLRB overruled Parrish police power political price regulation production protection provisions public interest Railroad Railway Ribnik Roosevelt Schechter Senate Stafford Stanley Reed statute stockyards substantive due process Supreme Court Sutherland Taft tion Tipaldo tobacco union United upholding Virginian Railway vote wage regulation Wagner Act Wickard Wolff Packing workers wrote yellow-dog contracts York
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