The Constitution and the New Deal
Harvard University Press, 2002 M05 15 - 385 páginas
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.
Comentarios de la gente - Escribir un comentario
Complicating the Conventional Account
The Conventional Account
The Transformation of the Constitutional Jurisprudence of Foreign Relations The Orthodox Regime under Stress
The Triumph of Executive Discretion in Foreign Relations
The Emergence of Agency Government and the Creation of Administrative Law
The Emergence of Free Speech
The Constitutional Revolution as Jurisprudential Crisis
The Restatement Project and the Crisis of Early TwentiethCentury Jurisprudence
The Constitutional Revolution as a Crisis in Adaptivity
The Creation of Triumphalist Narratives
The Myths of Substantive Due Process
The Canonization and Demonization of Judges
Cabining the New Deal in Time
Social Citizenship in the Shadow of Competition: The Bureaucratic Politics ...
Sin vista previa disponible - 2003
The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law ...
Vista previa limitada - 2009