Rethinking the New Deal Court by Barry Cushman
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Format Paperback
Condition Brand New
Description Rejecting as inadequate conventional attempts to understand the "constitutional Revolution of 1937" as a political response to political pressuresin 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
This book 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 the conventional 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 subsequentCourt-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 byfocusing 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 andfinally collapsed during FDR's reign. Identifying previously unseen connections between several different lines of doctrine, Rethinking the New Deal Court charts the manner in which Nebbia v. New York'sabandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role. As intelligent as it is revisionist, this volume will greatly interest students of legal history, constitutional law, and political science.
Author Biography
Barry Cushman is at Saint Louis University.
Details ISBN 0195120434 ISBN-13 9780195120431 Title Rethinking the New Deal Court Author Barry Cushman Format Paperback Year 1999 Pages 336 Publisher Oxford University Press Inc GE_Item_ID:137021212; About Us
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