Rethinking the New Deal Court: The Structure of a Constitutional RevolutionOxford University Press, 1998 M02 26 - 336 pages 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. |
From inside the book
Results 1-5 of 79
Page iii
... York Oxford Oxford University Press 1998 Oxford University Press Oxford New York Athens Auckland Bangkok Bogota.
... York Oxford Oxford University Press 1998 Oxford University Press Oxford New York Athens Auckland Bangkok Bogota.
Page iv
... York , New York 10016 Oxford is a registered trademark of Oxford University Press All rights reserved . No part of this publication may be reproduced , stored in a retrieval system , or transmitted , in any form or by any means ...
... York , New York 10016 Oxford is a registered trademark of Oxford University Press All rights reserved . No part of this publication may be reproduced , stored in a retrieval system , or transmitted , in any form or by any means ...
Page viii
... York Uni- versity School of Law , and in subsequent visits to the NYU Legal History Collo- quium directed by Bill and John Philip Reid , I benefited from the suggestions , criti- cisms , and friendship of an extraordinary group of legal ...
... York Uni- versity School of Law , and in subsequent visits to the NYU Legal History Collo- quium directed by Bill and John Philip Reid , I benefited from the suggestions , criti- cisms , and friendship of an extraordinary group of legal ...
Page 7
... York , 19 which occupies center stage in each of the stories told in Parts II , III , and IV . In that case , decided in 1934 , the Court upheld a New York statute regulating the price of milk . The claim that a decision issuing such a ...
... York , 19 which occupies center stage in each of the stories told in Parts II , III , and IV . In that case , decided in 1934 , the Court upheld a New York statute regulating the price of milk . The claim that a decision issuing such a ...
Page 16
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Contents
3 | |
Rethinking the New Deal Court | 9 |
A New Trial for Justice Roberts | 45 |
The Trail of the Yellow Dog | 107 |
Other editions - View all
Rethinking the New Deal Court: The Structure of a Constitutional Revolution Barry Cushman Limited preview - 1998 |
Common terms and phrases
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