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Constitutional Aspects Of The New Deal
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Book Synopsis The Constitution and the New Deal by : G. Edward White
Download or read book The Constitution and the New Deal written by G. Edward White and published by Harvard University Press. This book was released on 2002-05-15 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking the New Deal Court by : Barry Cushman
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking the New Deal Court by : Barry Cushman
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Workplace Constitution from the New Deal to the New Right by : Sophia Z. Lee
Download or read book The Workplace Constitution from the New Deal to the New Right written by Sophia Z. Lee and published by Cambridge University Press. This book was released on 2014-11-10 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why most Americans lack constitutional rights on the job and can be fired for almost any reason or no reason at all.
Book Synopsis The Principles of Constitutional Democracy and the New Deal by : Raoul Eugene Desvernine
Download or read book The Principles of Constitutional Democracy and the New Deal written by Raoul Eugene Desvernine and published by . This book was released on 1935 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Aspects of the New Deal by : Floyd Eugene Thompson
Download or read book Constitutional Aspects of the New Deal written by Floyd Eugene Thompson and published by . This book was released on 1936 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Aspects of the New Deal by : George T. Buckingham
Download or read book Constitutional Aspects of the New Deal written by George T. Buckingham and published by . This book was released on 1935* with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis "The New Deal" and the Old Philosophy of Government Under the Constitution of the United States by : Charles P. Cooper
Download or read book "The New Deal" and the Old Philosophy of Government Under the Constitution of the United States written by Charles P. Cooper and published by . This book was released on 1934 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Basis for Judging the New Deal by : Erik McKinley Eriksson
Download or read book Constitutional Basis for Judging the New Deal written by Erik McKinley Eriksson and published by . This book was released on 1936 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The New Deal Lawyers by : Peter H. Irons
Download or read book The New Deal Lawyers written by Peter H. Irons and published by . This book was released on 1982 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bitter conflict between New Dealers and their Old Guard opponents marked the first 4 years of Franklin D. Roosevelt's presidency. Swept into office with a mandate to repair the ravages of the Depression, the New Deal Congress that began its "Hundred Days" session in March 1933 enacted an innovative package of legislation designed to revive a moribund economy. Debate on the programs of industrial and agricultural reconstruction that formed the core of the New Deal centered around the construction of broadly worded constitutional provisions and the allocation of power between the states and the federal government. The arena in which these issues were most heatedly contested was not, as one might expect, the chambers of Congress. Popular rejection of the charity-basket policies of the Republicans in the 1932 elections had reduced the once-grand old party to a vocal but ineffectual remnant in both wings of the Capitol. Commanding majorities of almost 3-1 in the House of Representatives and 2-1 in the Senate, the Democratic leadership in Congress easily deflected the rhetorical barbs of the GOP minority as it shepherded Roosevelt's legislative program to passage. The real confrontation between New Dealers and their foes took place, rather, in federal courtrooms dominated by Republican judges wedded to the states-rights and laissez-faire ideologies repudiated overwhelmingly by the voters in three successive elections between 1932 and 1936. The 140 judges appointed by Roosevelt's 3 Republican predecessors made up 3/4 of the district court bench and 2/3 of the appellate bench. It was this group, partisan in background and conservative in judicial philosophy, that constituted the most formidable barrier to the New Deal. - Introduction.
Book Synopsis Liberty, Property, and Government by : Ellen Frankel Paul
Download or read book Liberty, Property, and Government written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?
Book Synopsis The New Deal and the Constitution ... by : George E. Farrand
Download or read book The New Deal and the Constitution ... written by George E. Farrand and published by . This book was released on 1933 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Beyond the Constitution by : Hadley Arkes
Download or read book Beyond the Constitution written by Hadley Arkes and published by Princeton University Press. This book was released on 1992-09-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
Book Synopsis Conservative Thought and American Constitutionalism Since the New Deal by : Johnathan O'Neill
Download or read book Conservative Thought and American Constitutionalism Since the New Deal written by Johnathan O'Neill and published by JHU Press. This book was released on 2022-11-29 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this work of intellectual history, the author identifies four transformations in federal goverrnment that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"--
Book Synopsis Fear Itself: The New Deal and the Origins of Our Time by : Ira Katznelson
Download or read book Fear Itself: The New Deal and the Origins of Our Time written by Ira Katznelson and published by W. W. Norton & Company. This book was released on 2013-03 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the New Deal era highlights the politicians and pundits of the time, many of whom advocated for questionable positions, including separation of the races and an American dictatorship.
Book Synopsis Corwin on the Constitution by : Edward S. Corwin
Download or read book Corwin on the Constitution written by Edward S. Corwin and published by Cornell University Press. This book was released on 2019-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward S. Corwin is the twentieth century's most eminent commentator on the Constitution. Unfortunately, he died before he could write the single definitive work on the Constitution he had planned. In three volumes, of which this is the first, Richard Loss has edited and introduced major essays by Corwin that best delineate his argument in political thought and constitutional law. The essays in Volume One examine the foundations of American political and constitutional thought, the powers of Congress, and the President's power of removal. Corwin addresses topics that vary from "The Worship of the Constitution" to "The Constitution as Instrument and Symbol." He discusses the lessons of the Constitutional Convention of 1787, takes up the relationship of the Constitution to New Deal democracy, and examines democratic dogma and political science. A fascinating essay treating the theory of evolution shows how this idea replaced the idea of natural law in American constitutional tradition. Loss's introduction provides a biographical sketch of Corwin, elaborates and appraises his argument and characterizes Corwin's legacy to the present generation of scholars. Loss shows that far from ending debate, Corwin's essays on political thought and the removal power establish an intellectual agenda for further inquiry into the tenets of constitutional law. In an epilogue Loss deals with Corwin's understanding of Alexander Hamilton's position on the President's removal power, an important topic involving not only presidential prerogative, but the comparative rank of Hamilton's Federalist papers on the presidency and Hamilton's Pacificus letters. Corwin on the Constitution will be of particular interest to judges, historians, law teachers, political scientists, students of constitutional law and American political thought.
Book Synopsis Why the New Deal Matters by : Eric Rauchway
Download or read book Why the New Deal Matters written by Eric Rauchway and published by Yale University Press. This book was released on 2021-04-06 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: A look at how the New Deal fundamentally changed American life, and why it remains relevant today "The New Deal was America's response to the gravest economic and social crisis of the twentieth century. It now serves as a source of inspiration for how we should respond to the gravest crisis of the twenty-first. There's no more fluent and informative a guide to that history than Eric Rauchway, and no one better to describe the capacity of government to transform America for the better."—Barry Eichengreen, University of California, Berkeley The greatest peaceable expression of common purpose in U.S. history, the New Deal altered Americans' relationship with politics, economics, and one another in ways that continue to resonate today. No matter where you look in America, there is likely a building or bridge built through New Deal initiatives. If you have taken out a small business loan from the federal government or drawn unemployment, you can thank the New Deal. While certainly flawed in many aspects—the New Deal was implemented by a Democratic Party still beholden to the segregationist South for its majorities in Congress and the Electoral College—the New Deal was instated at a time of mass unemployment and the rise of fascistic government models and functioned as a bulwark of American democracy in hard times. This book looks at how this legacy, both for good and ill, informs the current debates around governmental responses to crises.
