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Rethinking the New Deal Court : The Structure of a Constitutional Revolution - Barry Cushman

Rethinking the New Deal Court

The Structure of a Constitutional Revolution

Hardcover Published: 1st January 1998
ISBN: 9780195115321
Number Of Pages: 336

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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.

Industry Reviews

Both skillful and astute, the book will force jurists and scholars to re-evaluate the processes by which constitutional change takes place * The Historian *

Introduction PART I: Rethinking the New Deal Court 1: Roosevelt's Shadow 2: Judging the Image of New Deal Court Judging PART II: A New Trial for Justice Roberts 3: The Public/Private Distinction and the Minimum Wage Issue 4: From Adkins to Nebbia 5: The Minimum Wage Cases Revisited PART III: The Trail of the Yellow Dog 6: The Liberal Dilemma 7: Associationalism Ascendant 8: Doctrinal Synergies PART IV: The Levee Breaks 9: A Stream of Legal Consciousness 10: Catching the Current 11: The Persistence of Memory 12: The Struggle with Judicial Supremacy

ISBN: 9780195115321
ISBN-10: 0195115325
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 336
Published: 1st January 1998
Country of Publication: US
Dimensions (cm): 23.83 x 16.1  x 2.67
Weight (kg): 0.61