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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... late nineteenth- and early twentieth - century American constitutional history . In acknowledging the contributions of others to this book I want to start with a group of my colleagues at the University of Virginia School of Law , who ...
... late nineteenth- and early twentieth - century constitutional his- tory that revised conventional characterizations of some of the dominant doctrinal tendencies of those periods . A common message of the revisionist studies was that mid ...
... late twentieth - century scholars had found in the New Deal as the source of a constitutional revolution . I decided to reas- sess the meaning of that " revolution " through a series of studies of topics in early twentieth - century ...
... late 1930s . Nor did a change in the Supreme Court's constitutional review posture occur as dramatically , or over as short a time span , as the conventional account suggests . The con- tinuing authoritativeness of the conventional ...
... late eighteenth- and nineteenth - century America , of distinctive conceptions of the course of ideas and institutions over time and across space . In this tradition " premodern " and " prehistoricist " concep- tions of cultural change ...
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 |