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
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Page iv
... 2. United States -- Economic policy -- 1933-1945 . 3. New Deal , 1933–1939 . I. Title . KF4541.C873 342.73'029 - dc21 1997 97-8904 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid - free paper For Patty.
... 2. United States -- Economic policy -- 1933-1945 . 3. New Deal , 1933–1939 . I. Title . KF4541.C873 342.73'029 - dc21 1997 97-8904 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid - free paper For Patty.
Page vii
... economic crisis of the 1930s worked , I was to undertake a set of case studies designed to determine the contours of contemporary thought concerning the commerce power , the spending power , and substantive due process on the eve of the ...
... economic crisis of the 1930s worked , I was to undertake a set of case studies designed to determine the contours of contemporary thought concerning the commerce power , the spending power , and substantive due process on the eve of the ...
Page 3
... economic ruin . His plan , which he called the New Deal , enjoyed widespread public support but was repeatedly ... economics and their sympathetic subservience to the interests of rich and powerful people and institutions . The ...
... economic ruin . His plan , which he called the New Deal , enjoyed widespread public support but was repeatedly ... economics and their sympathetic subservience to the interests of rich and powerful people and institutions . The ...
Page 6
... of com- merce clause jurisprudence and the evolution of economic substantive due . process . We examine " structural " issues like federalism ( perhaps in " Constitutional in Law I " ) , then we " move 6 Introduction.
... of com- merce clause jurisprudence and the evolution of economic substantive due . process . We examine " structural " issues like federalism ( perhaps in " Constitutional in Law I " ) , then we " move 6 Introduction.
Page 7
... economic , social , cultural , and intellectual contexts in which they transpired . Recreating the doctrinal context within which these legal actors behaved is no less important an endeavor . It illuminates the contours of constraint ...
... economic , social , cultural , and intellectual contexts in which they transpired . Recreating the doctrinal context within which these legal actors behaved is no less important an endeavor . It illuminates the contours of constraint ...
Contents
3 | |
Rethinking the New Deal Court | 9 |
A New Trial for Justice Roberts | 45 |
The Trail of the Yellow Dog | 107 |
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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