Rethinking The New Deal Court

Author by : Barry Cushman
Languange : en
Publisher by : Oxford University Press
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Description : 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.


Rethinking The New Deal Court

Author by : Barry Cushman
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 24
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File Size : 46,8 Mb
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Description : 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.


Fidelity Constraint

Author by : Lawrence Lessig
Languange : en
Publisher by : Oxford University Press
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Description : The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.


The Constitution And The New Deal

Author by : G. Edward White
Languange : en
Publisher by : Harvard University Press
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Description : 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.


Law In American History Volume Iii

Author by : G. Edward White
Languange : en
Publisher by : Oxford University Press
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Description : In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.


Scorpions

Author by : Noah Feldman
Languange : en
Publisher by : Hachette+ORM
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Total Read : 21
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Description : A history of the careers and constitutional visions of four U.S. Supreme Court Justices appointed by Franklin Roosevelt. A tiny, ebullient Jew who started as America’s leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. Hugo Black, William O. Douglas, Felix Frankfurter, and Robert Jackson began as close allies and friends of FDR. But the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself. Praise for Scorpions “Smart and engaging.” —New York Times Book Review “Full of high-stakes intellectual drama.” —Washington Post “A first-rate work of narrative history that succeeds in bringing the intellectual and political battles of the post-Roosevelt Court vividly to life.” —Publishers Weekly


Making Minimum Wage

Author by : Helen J. Knowles
Languange : en
Publisher by : University of Oklahoma Press
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Total Read : 31
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Description : The US Supreme Court’s 1937 decision in West Coast Hotel v. Parrish, upholding the constitutionality of Washington State’s minimum wage law for women, had monumental consequences for all American workers. It also marked a major shift in the Court’s response to President Franklin D. Roosevelt’s New Deal agenda. In Making Minimum Wage, Helen J. Knowles tells the human story behind this historic case. West Coast Hotel v. Parrish pitted a Washington State hotel against a chambermaid, Elsie Parrish, who claimed that she was owed the state’s minimum wage. The hotel argued that under the concept of “freedom of contract,” the US Constitution allowed it to pay its female workers whatever low wages they were willing to accept. Knowles unpacks the legal complexities of the case while telling the litigants’ stories. Drawing on archival and private materials, including the unpublished memoir of Elsie’s lawyer, C. B. Conner, Knowles exposes the profound courage and resolve of the former chambermaid. Her book reveals why Elsie—who, in her mid-thirties was already a grandmother—was fired from her job at the Cascadian Hotel in Wenatchee, and why she undertook the outsized risk of suing the hotel for back wages. Minimum wage laws are “not an academic question or even a legal one,” Elinore Morehouse Herrick, the New York director of the National Labor Relations Board, said in 1936. Rather, they are “a human problem.” A pioneering analysis that illuminates the life stories behind West Coast Hotel v. Parrish as well as the case’s impact on local, state, and national levels, Making Minimum Wage vividly demonstrates the fundamental truth of Morehouse Herrick’s statement.


The Critical Press And The New Deal

Author by : Gary Dean Best
Languange : en
Publisher by : Praeger Publishers
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Description : This book challenges generally accepted views by concluding that the critical press, so often characterized by pro-New Deal historians as conservative or reactionary, was in fact a good deal more liberal than Roosevelt and his advisors. Without its opposition to Roosevelt's policies during the years before Congress began to reassert its constitutional responsibilities, the United States might well have deviated considerably from the path of constitutional and democractic government. From 1933 to 1938 the critical press (both newspapers and journalists) fulfilled much of the function of (and perceived of itself as) the equivalent of a parliamentary opposition to Roosevelt's policies and programs, since this was a period when the Republican opposition was moribund and Congress was generally submissive to the executive branch. Best describes the reaction of the critical press to FDR's domestic policies toward enhancement of the power of the White House at the expense of Congress and the Supreme Court. This enhancement gradually led many in the press to conclude that the basis for dictatorial rule was being laid by Roosevelt and/or those around him. This study will be of interest to historians and students of history.


A New Deal For The World

Author by : Elizabeth Borgwardt
Languange : en
Publisher by : Harvard University Press
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Description : An analysis of America's modern international human rights regime illuminates the broader history of human rights, trade and the global economy, collective security, and international law.


The Will Of The People

Author by : Barry Friedman
Languange : en
Publisher by : Farrar, Straus and Giroux
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Description : In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.


The Great Depression And The New Deal A Thematic Encyclopedia 2 Volumes

Author by : Daniel Leab
Languange : en
Publisher by : ABC-CLIO
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Description : A comprehensive encyclopedia of the 1930s in the United States, showing how the Depression affected every aspect of American life. • Over 650 alphabetically organized entries on the impact of the Depression and the New Deal on the nation's economy, politics, society, arts, and minorities • 45 contributors at the forefront of current scholarship on 1930s America and the continuing aftershocks of that tumultuous time • Primary documents integrated throughout, including Woody Guthrie songs, writings and speeches from Huey Long and Father Coughlin, murals by Diego Rivera, excerpts from The Grapes of Wrath, and contemporary newspaper articles • Illustrations providing definitive images of the Depression/New Deal era, including federally funded work such as Dorothea Lange's photography for the Farm Security Administration • A comprehensive chronology that marks the origins, course, and consequences of the Depression and the New Deal • Bibliographic listings for each entry and a comprehensive index of people, places, events, and key terms


A Concise History Of The New Deal

Author by : Jason Scott Smith
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 83
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Description : This book provides a history of the New Deal, exploring the institutional, political, and cultural changes experienced by the United States during the Great Depression.


The Hughes Court

Author by : Mark V. Tushnet
Languange : en
Publisher by : Cambridge University Press
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Total Read : 98
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Description : The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.


Essays On The New Deal

Author by : Wilmon Henry Droze
Languange : en
Publisher by : Austin : Published for the University of Texas at Arlington by the University of Texas Press
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Total Read : 98
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Description :


Courts In Federal Countries

Author by : Nicholas Theodore Aroney
Languange : en
Publisher by : University of Toronto Press
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Total Read : 96
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Description : Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.


Reconsidering Roosevelt On Race

Author by : Kevin J. McMahon
Languange : en
Publisher by : University of Chicago Press
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Description : Many have questioned FDR's record on race, suggesting that he had the opportunity but not the will to advance the civil rights of African Americans. Kevin J. McMahon challenges this view, arguing instead that Roosevelt's administration played a crucial role in the Supreme Court's increasing commitment to racial equality—which culminated in its landmark decision in Brown v. Board of Education. McMahon shows how FDR's attempt to strengthen the presidency and undermine the power of conservative Southern Democrats dovetailed with his efforts to seek racial equality through the federal courts. By appointing a majority of rights-based liberals deferential to presidential power, Roosevelt ensured that the Supreme Court would be receptive to civil rights claims, especially when those claims had the support of the executive branch.


The Chief Justiceship Of Charles Evans Hughes 1930 1941

Author by : William G. Ross
Languange : en
Publisher by : Univ of South Carolina Press
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Total Read : 86
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Description : An assessment of the high courts leadership and rulings during the Great Depression era


Hidden Laws

Author by : Robinson Woodward-Burns
Languange : en
Publisher by : Yale University Press
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Total Read : 80
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Description : How state constitutional reform guides and stabilizes American constitutional and political development State constitution reform guides and stabilizes American constitutional and political development. Using data sets and historical case studies, Robinson Woodward-Burns shows how the federal government has repeatedly deferred to state constitutional reform to manage or address difficult national constitutional controversies, including conflicts over the regulation of slavery, banking and taxation, women's suffrage, labor and welfare rights, voting and civil rights, and gender discrimination.


Franklin Roosevelt And The Great Constitutional War

Author by : Marian Cecilia McKenna
Languange : en
Publisher by : Fordham Univ Press
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Total Read : 97
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Description : This important book is a detailed reinterpretation of one of the most explosive events in modern American politics - Franklin Roosevelt's controversial attempt in 1937 to "pack" the Supreme Court by adding justices who supported his New Deal policies. McKenna traces in unprecedented detail theorigins of FDR's plan, its secret history, and the President's final failure. Drawing on a remarkable range of sources McKenna provides the definitive account of a turning point in American political and legal history.


The Encyclopedia Of The Supreme Court

Author by : David Shultz
Languange : en
Publisher by : Infobase Publishing
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Total Read : 26
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Description : An illustrated A-Z reference containing over 500 entries related to the history, important individuals, structure, and proceedings of the United States Supreme Court.


The Cigarette

Author by : Sarah Milov
Languange : en
Publisher by : Harvard University Press
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Total Read : 96
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Description : The story of tobacco’s fortunes seems simple: science triumphed over addiction and profit. Yet the reality is more complicated—and more political. Historically it was not just bad habits but also the state that lifted the tobacco industry. What brought about change was not medical advice but organized pressure: a movement for nonsmoker’s rights.


Constituting Workers Protecting Women

Author by : Julie Novkov
Languange : en
Publisher by : University of Michigan Press
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Total Read : 33
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Description : Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system. During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine. The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning. Julie Novkov is Assistant Professor of Political Science, University of Oregon


The Hughes Court

Author by : Michael E. Parrish
Languange : en
Publisher by : ABC-CLIO
Format Available : PDF, ePub, Mobi
Total Read : 84
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Description : Examines the cases before and legacy of the Supreme Court during the Great Depression, and explores how it shaped the government response to matters including economic crisis, labor standards, and federal versus states' rights.


Mr Democrat

Author by : Daniel Mark Scroop
Languange : en
Publisher by : University of Michigan Press
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Description : Mr. Democrat tells the story of Jim Farley, Franklin D. Roosevelt's campaign manager. As party boss, Farley experienced unprecedented success in the New Deal years. And like his modern counterpart Karl Rove, Farley enjoyed unparalleled access and power. Unlike Rove, however, Farley was instrumental in the creation of an overwhelming new majority in American politics, as the emergence of the New Deal transformed the political landscape of its time. Mr. Democrat is timely and indispensable not just because Farley was a fascinating and unduly neglected figure, but also because an understanding of his career advances our knowledge of how and why he revolutionized the Democratic Party and American politics in the age of the New Deal. Daniel Scroop is Lecturer in American History, University of Liverpool School of History.


Pragmatism Politics And Perversity

Author by : Joseph L. Esposito
Languange : en
Publisher by : Lexington Books
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Total Read : 14
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Description : A philosophical yet detailed history of the American party battle explaining why partisan debate is so perverse and how it could be made less so. Building upon the heritage of American pragmatism, from Peirce to Rorty and the new pragmatists, as well as the work of historian Charles Beard, the book identifies that battle as a struggle between nation state and market state, with special emphasis on the perversity of Civil War politics.


To Provide For The General Welfare

Author by : Theodore Sky
Languange : en
Publisher by : Associated University Presse
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Total Read : 30
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Description : Traces the course of the constitutional controversy over the spending power and the role of that power in driving an expansion in federal activity and authority from 1787 forward.


Supreme Power Franklin Roosevelt Vs The Supreme Court

Author by : Jeff Shesol
Languange : en
Publisher by : W. W. Norton & Company
Format Available : PDF, ePub, Mobi
Total Read : 81
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Description : "A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.


A Companion To 20th Century America

Author by : Stephen J. Whitfield
Languange : en
Publisher by : John Wiley & Sons
Format Available : PDF, ePub, Mobi
Total Read : 18
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Description : A Companion to 20th-Century America is an authoritative survey of the most important topics and themes of twentieth-century American history and historiography. Contains 29 original essays by leading scholars, each assessing the past and current state of American scholarship Includes thematic essays covering topics such as religion, ethnicity, conservatism, foreign policy, and the media, as well as essays covering major time periods Identifies and discusses the most influential literature in the field, and suggests new avenues of research, as the century has drawn to a close


Tocqueville S Nightmare

Author by : Daniel R. Ernst
Languange : en
Publisher by : OUP Us
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Total Read : 80
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Description : De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.