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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... Narratives 8 The Myths of Substantive Due Process 237 241 9 The Canonization and Demonization of Judges 269 10 Cabining the New Deal in Time 302 Notes 315 Index 377 Preface I have been indebted in producing this book not.
... narratives in some areas , the durability of these conventional approaches , despite their frequently inac- curate and anachronistic portraits of early twentieth - century constitutional history , was extraordinary . It became clear to ...
... narrative and causal explanation , the special role assigned to the New Deal by modernist commentators has encouraged them to make it the epicenter of early twentieth - century constitutional change , resulting in the telescoping and ...
... narratives of early twentieth - century constitutional history . In those narratives the constitutional supporters of the New Deal are vindicated , and the obsolescent approaches of its constitutional opponents revealed , in the service ...
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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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