The Constitution and the New Deal

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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.

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Contenido

Complicating the Conventional Account
11
The Conventional Account
13
The Transformation of the Constitutional Jurisprudence of Foreign Relations The Orthodox Regime under Stress
33
The Triumph of Executive Discretion in Foreign Relations
62
The Emergence of Agency Government and the Creation of Administrative Law
94
The Emergence of Free Speech
128
The Constitutional Revolution as Jurisprudential Crisis
165
The Restatement Project and the Crisis of Early TwentiethCentury Jurisprudence
167
The Constitutional Revolution as a Crisis in Adaptivity
198
The Creation of Triumphalist Narratives
237
The Myths of Substantive Due Process
241
The Canonization and Demonization of Judges
269
Cabining the New Deal in Time
302
Notes
315
Index
375
Derechos de autor

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Acerca del autor (2002)

G. Edward White is David and Mary Harrison Distinguished Professor of Law at the University of Virginia and the author of numerous books, including Oliver Wendell Holmes, Jr. and Alger Hiss's Looking-Glass Wars.

Información bibliográfica