Rethinking the New Deal Court by Barry Cushman
Estimated delivery 3-12 business days
Format Hardcover
Condition Brand New
Description Rejecting as inadequate conventional attempts to understand the "constitutional Revolution of 1937" as a political response to political pressures in the US, Cushman's account treats the events of the 1930s as a chapter in the history of ideas rather than as merely an episode in the history of American politics.
Publisher Description
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'slandslide 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 whichlaissez-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. NewYork'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.
Author Biography
Barry Cushman is at Saint Louis University.
Details ISBN 0195115325 ISBN-13 9780195115321 Title Rethinking the New Deal Court Author Barry Cushman Format Hardcover Year 1998 Pages 336 Publisher Oxford University Press Inc GE_Item_ID:137020985; About Us
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