The Constitution and the New Deal / G. Edward White.
2010
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Details
Author
Title
The Constitution and the New Deal / G. Edward White.
Imprint
Cambridge, MA : Harvard University Press, [2010]
Copyright
©2000
Description
1 online resource (400 p.)
Formatted Contents Note
Frontmatter
Contents
Preface
Introduction
I. Complicating the Conventional Account
1. The Conventional Account
2. The Transformation of the Constitutional Jurisprudence of Foreign Relations: The Orthodox Regime under Stress
3. The Triumph of Executive Discretion in Foreign Relations
4. The Emergence of Agency Government and the Creation of Administrative Law
5. The Emergence of Free Speech
II. The Constitutional Revolution as Jurisprudential Crisis
6. The Restatement Project and the Crisis of Early Twentieth-Century Jurisprudence
7. The Constitutional Revolution as a Crisis in Adaptivity
III. The Creation of Triumphalist Narratives
8. The Myths of Substantive Due Process
9. The Canonization and Demonization of Judges
10. Cabining the New Deal in Time
Notes
Index
Contents
Preface
Introduction
I. Complicating the Conventional Account
1. The Conventional Account
2. The Transformation of the Constitutional Jurisprudence of Foreign Relations: The Orthodox Regime under Stress
3. The Triumph of Executive Discretion in Foreign Relations
4. The Emergence of Agency Government and the Creation of Administrative Law
5. The Emergence of Free Speech
II. The Constitutional Revolution as Jurisprudential Crisis
6. The Restatement Project and the Crisis of Early Twentieth-Century Jurisprudence
7. The Constitutional Revolution as a Crisis in Adaptivity
III. The Creation of Triumphalist Narratives
8. The Myths of Substantive Due Process
9. The Canonization and Demonization of Judges
10. Cabining the New Deal in Time
Notes
Index
Summary
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. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 01. Dez 2022)
Location
www
In
Title is part of eBook package: Harvard University Press eBook Package Backlist 2000-2013 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780674059733
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