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Author: William G. Ross
Publisher: Univ of South Carolina Press
ISBN: 9781570036798
Category : Biography & Autobiography
Languages : en
Pages : 316
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Book Description
During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how the Hughes Court removed constitutional impediments to the development of the administrative state by relaxing restrictions previously invoked to nullify federal and state economic regulatory legislation. Ross maps the expansion of safeguards for freedoms of speech, press, and religion and the extension of rights of criminal defendants and racial minorities. of African Americans helped to lay the legal foundations for the civil rights movement. Throughout his study Ross emphasizes how Chief Justice Hughes' brilliant administrative abilities and political acumen helped to preserve the Court's power and prestige during a period when the body's rulings were viewed as intensely controversial. Ross concludes that on balance the Hughes Court's decisions were more evolutionary than revolutionary but that the court also reflected the influence of the social changes of the era, especially after the appointment of justices who espoused the New Deal values of President Franklin Delano Roosevelt.
Author: William G. Ross
Publisher: Univ of South Carolina Press
ISBN: 9781570036798
Category : Biography & Autobiography
Languages : en
Pages : 316
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Book Description
During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how the Hughes Court removed constitutional impediments to the development of the administrative state by relaxing restrictions previously invoked to nullify federal and state economic regulatory legislation. Ross maps the expansion of safeguards for freedoms of speech, press, and religion and the extension of rights of criminal defendants and racial minorities. of African Americans helped to lay the legal foundations for the civil rights movement. Throughout his study Ross emphasizes how Chief Justice Hughes' brilliant administrative abilities and political acumen helped to preserve the Court's power and prestige during a period when the body's rulings were viewed as intensely controversial. Ross concludes that on balance the Hughes Court's decisions were more evolutionary than revolutionary but that the court also reflected the influence of the social changes of the era, especially after the appointment of justices who espoused the New Deal values of President Franklin Delano Roosevelt.
Author: Walter F. Pratt
Publisher: Univ of South Carolina Press
ISBN: 9781570033094
Category : Biography & Autobiography
Languages : en
Pages : 340
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Book Description
This volume chronicles a transformation in American jurisprudence that mirrored the widespread political, economic and social upheavals of the early 20th century. White's tenure coincided with a shift from a rural to an urban society and the emergence of the US as a world power.
Author: Mark V. Tushnet
Publisher: Oliver Wendell Holmes Devise History of the Supreme Court of the United States
ISBN: 1316515931
Category : History
Languages : en
Pages : 1273
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Book Description
A comprehensive study of the US Supreme Court that explores the transformation of constitutional law from 1930 to 1941.
Author: Mark V. Tushnet
Publisher: Cambridge University Press
ISBN: 1009032712
Category : History
Languages : en
Pages : 1273
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Book Description
The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.
Author: Joseph W. Postell
Publisher: Springer
ISBN: 1137300965
Category : Political Science
Languages : en
Pages : 258
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Book Description
During the Progressive Era (1880-1920), leading thinkers and politicians transformed American politics. Historians and political scientists have given a great deal of attention to the progressives who effected this transformation. Yet relatively little is known about the conservatives who opposed these progressive innovations, despite the fact that they played a major role in the debates and outcomes of this period of American history. These early conservatives represent a now-forgotten source of inspiration for modern American conservatism. This volume gives these constitutional conservatives their first full explanation and demonstrates their ongoing relevance to contemporary American conservatism.
Author: Eric T. Kasper
Publisher: Cornell University Press
ISBN: 1501774522
Category : Political Science
Languages : en
Pages : 184
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Book Description
The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression. Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.
Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 030774132X
Category : Law
Languages : en
Pages : 546
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Book Description
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Author: Alpheus Thomas Mason
Publisher: Routledge
ISBN: 1000431290
Category : Political Science
Languages : en
Pages : 1146
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Book Description
This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system. New to the 18th Edition An account of the Trump impeachments and a full discussion of the recent Supreme Court transitions including recent Supreme Court transitions including the fraught Kavanaugh hearings, the death of Ruth Bader Ginsberg, and the nomination process surrounding Amy Coney Barrett. Fourteen new cases carefully edited and excerpted, including Chifalo v. Washington (2020) on the Electoral College, Masterpiece Cakeshop (2018) on gay rights, and three Trump cases as well. Thirty-one new cases discussed in chapter essays in addition.
Author: Orville Vernon Burton
Publisher: Harvard University Press
ISBN: 0674975642
Category : Law
Languages : en
Pages : 465
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Book Description
In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
Author: Daniel R. Ernst
Publisher: Oxford University Press
ISBN: 0199920877
Category : Law
Languages : en
Pages : 241
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Book Description
In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, the nation's best corporate lawyers were among the creators of "commission government" that supporters were more interested in purging government of corruption than creating a socialist utopia, and that the principles of individual rights, limited government, and due process were built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.
