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The New Deal And The Constitution
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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 2000-12-15 with total page 398 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 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 2014-10-31 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
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 The New New Deal by : Michael Grunwald
Download or read book The New New Deal written by Michael Grunwald and published by Simon and Schuster. This book was released on 2012-08-14 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a riveting account based on new documents and interviews with more than 400 sources on both sides of the aisle, award-winning reporter Michael Grunwald reveals the vivid story behind President Obama’s $800 billion stimulus bill, one of the most important and least understood pieces of legislation in the history of the country. Grunwald’s meticulous reporting shows how the stimulus, though reviled on the right and the left, helped prevent a depression while jump-starting the president’s agenda for lasting change. As ambitious and far-reaching as FDR’s New Deal, the Recovery Act is a down payment on the nation’s economic and environmental future, the purest distillation of change in the Obama era. The stimulus has launched a transition to a clean-energy economy, doubled our renewable power, and financed unprecedented investments in energy efficiency, a smarter grid, electric cars, advanced biofuels, and green manufacturing. It is computerizing America’s pen-and-paper medical system. Its Race to the Top is the boldest education reform in U.S. history. It has put in place the biggest middle-class tax cuts in a generation, the largest research investments ever, and the most extensive infrastructure investments since Eisenhower’s interstate highway system. It includes the largest expansion of antipoverty programs since the Great Society, lifting millions of Americans above the poverty line, reducing homelessness, and modernizing unemployment insurance. Like the first New Deal, Obama’s stimulus has created legacies that last: the world’s largest wind and solar projects, a new battery industry, a fledgling high-speed rail network, and the world’s highest-speed Internet network. Michael Grunwald goes behind the scenes—sitting in on cabinet meetings, as well as recounting the secret strategy sessions where Republicans devised their resistance to Obama—to show how the stimulus was born, how it fueled a resurgence on the right, and how it is changing America. The New New Deal shatters the conventional Washington narrative and it will redefine the way Obama’s first term is perceived.
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 231 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.
Book Synopsis Supreme Power: Franklin Roosevelt vs. the Supreme Court by : Jeff Shesol
Download or read book Supreme Power: Franklin Roosevelt vs. the Supreme Court written by Jeff Shesol and published by W. W. Norton & Company. This book was released on 2011-03-14 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
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 The Supreme Court Reborn by : William E. Leuchtenburg
Download or read book The Supreme Court Reborn written by William E. Leuchtenburg and published by Oxford University Press. This book was released on 1996-10-10 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds, aided by the swing vote of Justice Owen Roberts--struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Hoursemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress; it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Rosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional Revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of Civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice; shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court.
Book Synopsis New Deal Or Raw Deal? by : Burton W. Folsom
Download or read book New Deal Or Raw Deal? written by Burton W. Folsom and published by Simon and Schuster. This book was released on 2009-11-17 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: ultimately elevating public opinion of his administration but falling flat in achieving the economic revitalization that America so desperately needed from the Great Depression. Folsom takes a critical, revisionist look at Roosevelt's presidency, his economic policies, and his personal life. Elected in 1932 on a buoyant tide of promises to balance the increasingly uncontrollable national budget and reduce the catastrophic unemployment rate, the charismatic thirty-second president not only neglected to pursue those goals, he made dramatic changes to federal programming that directly contradicted his campaign promises. Price fixing, court packing, regressive taxes, and patronism were all hidden inside the alphabet soup of his popular New Deal, putting a financial strain on the already suffering lower classes and discouraging the upper classes from taking business risks that potentially could have jostled national cash flow from dormancy.
Book Synopsis Taking Back the Constitution by : Mark Tushnet
Download or read book Taking Back the Constitution written by Mark Tushnet and published by Yale University Press. This book was released on 2020-07-14 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.
Book Synopsis The Political Philosophy of the New Deal by : Hubert H. Humphrey
Download or read book The Political Philosophy of the New Deal written by Hubert H. Humphrey and published by LSU Press. This book was released on 2015-02-09 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brought up on Wilsonian democracy and populist ideals, a young Hubert Humphrey witnessed the near-failure of the American political system during the Great Depression and its revival under Franklin D. Roosevelt. In The Political Philosophy of the New Deal, Humphrey responds to the changing political landscape of his early adulthood and offers a broad-ranging analysis of the New Deal and its place in the American traditions of individualism and social responsibility. First published in 1970, Humphrey's book makes the case that the New Deal, by emphasizing stability for all citizens, situated itself firmly within the traditions of American democracy. His cogent assessment of Roosevelt's policies offers insights still applicable in current-day discourse about the financial and social sectors within the United States. This paperback edition includes a new foreword by Robert Mann, who explains the enduring importance of Humphrey's work and makes a strong case for the relevance of Humphrey's ideas in today's political climate.
Book Synopsis The Politically Incorrect Guide to the Great Depression and the New Deal by : Robert Murphy
Download or read book The Politically Incorrect Guide to the Great Depression and the New Deal written by Robert Murphy and published by Regnery Publishing. This book was released on 2009-03-31 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides irrefutable evidence that not only did government interference with the market cause the Great Depression (and our current economic collapse), but Herbert Hoover's and Franklin Delano Roosevelt's big government policies afterwards made it much longer and much worse.--From publisher description.
Book Synopsis The New Constitutional Order by : Mark Tushnet
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Book Synopsis The Upside-Down Constitution by : Michael S. Greve
Download or read book The Upside-Down Constitution written by Michael S. Greve and published by Harvard University Press. This book was released on 2012-02-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
Book Synopsis Nature's New Deal by : Neil M. Maher
Download or read book Nature's New Deal written by Neil M. Maher and published by Oxford University Press. This book was released on 2008 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neil M. Maher examines the history of one of Franklin D. Roosevelt's boldest and most successful experiments, the Civilian Conservation Corps, describing it as a turning point both in national politics and in the emergence of modern environmentalism.
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 How Progressives Rewrote the Constitution by : Richard A. Epstein
Download or read book How Progressives Rewrote the Constitution written by Richard A. Epstein and published by Cato Institute. This book was released on 2007-09-25 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America’s founding principles. Epstein examines key decisions to demonstrate how Progressives attacked much of the legal precedent and eventually weakened the Court’s thinking concerning limited federal powers and the protection of individual rights. Progressives on the Court undermined basic economic principles of freedom and competition, paving the way for the modern redistributive and regulatory state. This book shows that our modern “constitutional law,” fashioned largely by the New Deal Court in the late 1930s, has its roots in Progressivism, not in our country's founding principles, and how so many of those ideas, however discredited by more recent economic thought, still shape the Court's decisions.
