The Constitution and the New DealHarvard University Press, 2002 M05 15 - 400 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. |
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... doctrinal tendencies of those periods . A common message of the revisionist studies was that mid and late twentieth - century scholars had imposed anach- ronistic analytical categories on early twentieth - century constitutional opin ...
... Doctrinal changes in constitutional law did occur over the course of the twentieth century , but their causal relationship to the New Deal was far more complicated , and attenuated , than existing scholarship has suggested . In some ...
... doctrinal areas and the ignoring of developments in others . And at the level of historiographic empa- thy , the identification of the New Deal as the primary force producing a " rev- olution " in twentieth - century constitutional ...
... doctrinal decisions and accompanying commentary that cannot be made to bear a meaningful causal connection to the events conventionally identified as forging a constitutional revolution , such as the 1936 presidential election or the ...
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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 |
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Social Citizenship in the Shadow of Competition: The Bureaucratic Politics ... Bronwen Morgan Sin vista previa disponible - 2003 |
The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law ... James Hitchcock Vista previa limitada - 2009 |