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Rethinking The New Deal Court The Structure Of A Constitutional Revolution

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Rethinking the New Deal Court

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Rethinking the New Deal Court by Barry Cushman Book Summary:

Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.

Restoring the Lost Constitution

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Restoring the Lost Constitution by Randy E. Barnett Book Summary:

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

The Hastings Law Journal

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The Hastings Law Journal by N.A Book Summary:

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Hastings Law Journal

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Hastings Law Journal by N.A Book Summary:

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Michigan Law Review

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Michigan Law Review by N.A Book Summary:

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The Constitution of the United States of America

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The Constitution of the United States of America by Mark Tushnet Book Summary:

This book provides a critical introduction to the history and current meaning of the United States' Constitution. It is organised around two themes: Firstly, the US Constitution is old, short, and difficult to amend. These characteristics have made constitutional 'interpretation', especially by the US Supreme Court, the primary mechanism for adapting the Constitution to ever-changing reality. Secondly, the Constitution creates a structure of political opportunities that allows political actors, including political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Politics, that is, often gives meaning to the Constitution. Deploying these themes to examine the structure of the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way the US constitutional system has developed and what it means today.

The Place of Europe in American History

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The Place of Europe in American History by Maurizio Vaudagna Book Summary:

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The Pursuit of Justice

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The Pursuit of Justice by Kermit L. Hall,John J. Patrick Book Summary:

Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.

The Great Depression and the New Deal

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The Great Depression and the New Deal by Robert F. Himmelberg Book Summary:

Relates the history of the Great Depression, describes the New Deal policies Roosevelt instituted to mitigate the poverty, and offers a chronology of events from the election of Herbert Hoover in 1928 to the U.S. entrance into World War II in 1941.

Columbia Law Review

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The Supreme Court

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The Supreme Court by Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull Book Summary:

A definitive history of the U.S. Supreme Court details the evolution of the legal institution from the early days of the American Republic to the present day, offering profiles of the justices, the Court's years under each Chief Justice, its influence on American life, and the issues, cases, and decisions they handled from the perspective of the time in which they came before the Court.

The Oxford Guide to United States Supreme Court Decisions

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The Oxford Guide to United States Supreme Court Decisions by Kermit L. Hall,James W. Ely Book Summary:

Here are the landmark decisions that have shaped American life, described by some of America's most eminent legal scholars. The new edition contains more than 450 entries on major cases, including 53 new entries on the latest landmark rulings. This outstanding guide serves as an excellent introduction to the work of the Court from the late eighteenth century to the present day.

Balance of Forces

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Balance of Forces by Harold H. Bruff Book Summary:

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The Legal Origins of the Modern American State

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The Legal Origins of the Modern American State by William J. Novak Book Summary:

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The Canadian Journal of Law and Jurisprudence

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The Canadian Journal of Law and Jurisprudence by N.A Book Summary:

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A New Deal for Blacks

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A New Deal for Blacks by Harvard Sitkoff Book Summary:

Now with a new prologue and updated bibliography, this classic edition of Harvard Sitkoff's A New Deal for Blacks is a comprehensive account of the emergence of civil rights as a national issue within the U.S. The New Deal years are a turning point in race relations trends. They constitute awatershed of developments whose outgrowth was a broad-based social movement aimed at bringing about a fuller participation of blacks in American society.This text covers a wide variety of factors influencing civil rights and race relations in this period. It describes political and top down influences but also spends time on ideas and culture and mass mobilization. The book provides an opportunity to talk about the different types of factors thatinfluence social change and the relationship between them. Finally, the scholarship is still accurate and solid and the book is well, written avoiding jargon.

Civil Procedure Stories

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Civil Procedure Stories by Kevin M. Clermont Book Summary:

This study aid provides a deeper understanding of the great civil procedure cases. Fourteen professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has separate sections containing the social and legal background of the case, factual background, lower court proceedings, final appellate disposition, issues, decisions, reasons, separate opinions, factual postscript to the case, why the case is famous and when it became so, and why it is still a leading case.

Constitutional Law for a Changing America

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Constitutional Law for a Changing America by Lee Epstein,Thomas G. Walker Book Summary:

Examines the development of constitutional law focusing on the internal and external factors that influence the decisions of the Supreme Court, describes the events that led to the suits, and includes tables and figures on Court trends, profiles of influential justices, and more.

Constitutional commentary

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Constitutional commentary by N.A Book Summary:

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Constitutional Politics in a Conservative Era

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Constitutional Politics in a Conservative Era by Austin Sarat Book Summary:

Aims to bring together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development.

Constitutional Theory

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Constitutional Theory by Michael J. Gerhardt,Stephen M. Griffin,Thomas D. Rowe Book Summary:

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Minnesota Law Review

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Minnesota Law Review by N.A Book Summary:

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The United States and the 1930s

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The United States and the 1930s by Anne Sharp Wells,British Library Book Summary:

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Chapman Law Review

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Chapman Law Review by N.A Book Summary:

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NYU Journal of Law & Liberty

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NYU Journal of Law & Liberty by N.A Book Summary:

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Contracts in Crises

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Contracts in Crises by Richard E. Speidel Book Summary:

Government frequently responds to crises (like 9/11 and Hurricane Katrina) with laws that have retrospective effects on existing contracts. Because these laws are usually constitutional, the promisee has no claim against the government. The promisor, however, will probably obtain an excuse from the contract because performance is now either illegal or impaired by government acts or orders. The promisor is in what can be called ?the Zone of Coercion.' If excuse is granted, the contract is discharged but the promisee, because of limited remedies, will not be restored to its pre-contract position. Thus, the promisee's contract rights are casualties in what amounts to a constitutional taking by the government. This book traces and critiques the development from 19th-century England to the present of excuse doctrine and its application by courts in ?the Zone.' The development of more general contract excuse doctrine and different theories about excuse ? such as economic analysis and behavioral decision theory ? are also traced in both private and public contracts.

Perspectives

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Perspectives by N.A Book Summary:

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AHA Perspectives

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The New Deal

Rethinking The New Deal Court The Structure Of A Constitutional Revolution [Pdf/ePub] eBook

The New Deal by Justus D. Doenecke Book Summary:

Suitable as a supplementary text for college history courses, this volume contains a narrative of the New Deal era along with 30 supporting documents from the period. Doenecke's account focuses on political history, beginning with the advent of the Great Depression in 1929 and ending with the congre

The Supreme Court in American Politics

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The Supreme Court in American Politics by Chancellor and Professor of Political Science History and Law Howard Gillman,Howard Gillman,Cornell W. Clayton Book Summary:

For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, social movements, social change, legal precedents, political identities, and historically evolving economic structures. The book's initial chapters examine the nature of the Court's distinctive norms as well as the development of its institutional powers and practice. A second section relates the development of Supreme Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making in particular areas of law or periods of time is influenced by—and influences—its socio-political milieu. These contributions offer provocative insights regarding the Court's role in maintaining or disrupting political and economic structures, as well as social structures and identities tied to ideology, class, race, gender, and sexual orientation. The Supreme Court in American Politics shows how we can develop an enriched understanding of this institution, and open up exciting new areas of research by placing it in the broader context of politics in the United States.

Constitutional Law in Contemporary America, Volume One

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Constitutional Law in Contemporary America, Volume One by David Andrew Schultz,John R. Vile,Michelle D. Deardorff Book Summary:

Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Placing a unique emphasis on property rights, election law, and issues of gender, gender orientation, foreign policy, and criminal due process, the two-volume text features: * Skillfully edited excerpts of canonical Supreme Court decisions and lower federal and state court decisions * Historically important auxiliary materials--such as the Virginia and Kentucky Resolutions, the Declaration of Sentiments, and the Gulf of Tonkin Resolution--which help students better understand American constitutional law, politics, and government * Succinct case introductions, timelines, discussion questions, chapter glossaries, and chapter bibliographies * Discussions emphasizing significant contemporary issues (e.g., same-sex marriage, free speech on the Internet, and the war on terrorism) * Topical overviews for each constitutional subject area In order to best suit the traditional two-semester constitutional law sequence, the text is conveniently divided into two volumes: * Volume One: Institutions, Politics, and Process presents cases relating to the three branches of the national government. The authors address federalism, the relationship between the citizen and the political process, and those issues of property that have dominated the Supreme Court since its inception nearly two centuries ago. Other topics include: Constitutional and foreign affairs, including case law developed post-9/11; election law and political process cases; the role and power of the federal courts; economic due process; and eminent domain law. * Volume Two: Civil Rights and Liberties covers civil rights and liberties issues including those addressed in the Bill of Rights (as subsequently applied to the states) and in the Reconstruction Amendments. The authors address expressive freedoms such as religion, speech, press, and association, as well as the rights of those accused or convicted of crimes. Other topics include the state action doctrine, equal protection, the Second Amendment and gun rights, the rights of students, the death penalty, privacy, and reproductive rights.

Gibbons v. Ogden, Law, and Society in the Early Republic

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Gibbons v. Ogden, Law, and Society in the Early Republic by Thomas H. Cox Book Summary:

Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.

Total War and the Law

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Total War and the Law by Lillian Johnpoll Book Summary:

At a time when nostalgia for "the Good War" prevails, this collection of essays on the rule of law and the constitution during the Second World War demonstrates how major war can imperil the notion that public officials are constrained by law.

Constitutionalism and American Culture

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Constitutionalism and American Culture by Sandra F. VanBurkleo,Kermit L. Hall,Robert J. Kaczorowski Book Summary:

Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors

America, History and Life

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America, History and Life by N.A Book Summary:

Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

The Least Dangerous Branch?

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The Least Dangerous Branch? by Stephen Powers,Stanley Rothman,Smith College. Center for the Study of Social and Political Change,Frances Rothstein Book Summary:

Is the American judiciary still the "least dangerous branch," as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy.

The Supreme Court Review

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The Supreme Court Review by Philip B. Kurland Book Summary:

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Symposium

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Symposium by N.A Book Summary:

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Vanderbilt Law Review

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Vanderbilt Law Review by N.A Book Summary:

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