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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... anticipated an altered role for judges as constitutional interpreters , one in which judges would assume a scrutiny of the decisions of other branches of government that was , depend- ing on the issues raised in a case , either ...
G. Edward White. ing on the issues raised in a case , either deferential or aggressive . On the one hand , judges would conclude that the Constitution permitted a great deal of legislative and administrative authority to regulate the ...
... . The focus of this book is on constitutional law and jurisprudence , so I will be treating those crises only as backdrops to the issues that are its central con- cern . But a brief overview of the impact of 6 | Introduction.
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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 |