Title The American state from the Civil War to the New Deal : the twilight of constitutionalism and the triumph of progressivism / Paul D. Moreno

Published Cambridge [England] ; New York : Cambridge University Press, 2013

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Description 1 online resource Contents Cover; Contents; Abbreviations Used in the Footnotes; AcknowledgmentsI; Introduction; Part I The Old Regime: 1870-1900; 1 The Post-War Constitution; Republican Leviathan; Army and Nationality; Army and Society: Labor and Pensions; The American System; Land Grants and Education; 2 The Judiciary and Private Rights; Distribution and Subsidy; Swift and Diversity; The Extension of Swift; 3 The Crisis of the 1890s; The Labor Problem; The Trust Problem; The Income Tax; The Election of 1896; Part II Early Progressivism: 1900-1913; 4 The New Jurisprudence; Historism and Historicism Langdell and ScientismThe Analytical School; Darwinism; Holmes and Pound; 5 The Due Process Dialectic; Natural Rights and the Antebellum Court; The Fourteenth Amendment; The Road from Munn; The Fuller Court and Due Process; 6 Toward a Federal Police Power; The Commerce Power and Antitrust; Organized Labor and Liberty of Contract; Alcohol; Oleo; Gambling; 7 Rooseveltian Progressivism; The Holmes Appointment; The Anthracite Strike; Pure Food; The Mann Act; 8 The Lochner Incident; Precursors; Lochner; Aftermath; 9 Court and Constitution in Crisis; Walter Clark; J. Allen Smith; Herbert Croly 10 Taft and the Republican CrackupThe New Nationalism; Roosevelt and the Judiciary; Schism; Part III Late Progressivism: 1913-1933; 11 Wilsonian Progressivism; A Darwinian Constitution; The Administrative State; The 1912 Campaign; Wilson and the Judiciary; 12 The New Freedom; The Tariff; The Federal Reserve Act; The Clayton Antitrust Act; Commission Government; Labor's Gold Brick; 13 The New Wilson; The Brandeis Nomination; Tariff and Farm Policies; Child Labor; The Adamson Act; The 1916 Election; 14 The Great War; The Army and Social Reform; The Financial Revolution; The Great Delegation Labor PolicySedition; 15 The Return of the Regular Republicans; Harding and Coolidge; Grants-in-Aid; McNary-Haugenism; Muscle Shoals; Progressive Unease on the Court; 16 The Taft Court; Personnel and Power; Labor; Adkins and the Due Process Revival; Takings; Civil Liberties; Prohibition; The Progressive Attack; 17 The Last Progressive; Corporatism; Agriculture and Labor; The Cardozo Appointment; The Depression; FDR; The 1932 Election; Part IV The New Deal: 1933-1940; 18 The Hundred Days; War Equivalents; Planning: The Tennessee Valley Authority; The National Industrial Recovery Act 19 To the BrinkMixed Signals; First Skirmishes; Black Monday; 20 The Second New Deal; The Second Hundred Days; The Court Responds; Mandate?; The Sit-Down Strikes; 21 The Court Fight; The Plan; The Opposition; The Parrish Switch; The Wagner Act Cases; The Social Security Cases; 22 The Abortive Third New Deal; The Court-Packing Revival; Opposition and Defeat; Reorganization and Purge; The End of the New Deal; 23 The New Deal Court; The Scorpions; Diversity and Liability; The Double Standard; Liberal Activism; Appendix A Multipliers and Multiplicands: Hours v. Wages Laws Summary "This book tells the story of constitutional government in America during the period of the, "social question." After the Civil War and Reconstruction, and before the, "second Reconstruction" and cultural revolution of the 1960s, Americans dealt with the challenges of the urban and industrial revolutions. In the crises of the American Revolution and the Civil War, the American founders--and then Lincoln and the Republicans--returned to a long tradition of Anglo-American constitutional principles. During the Industrial Revolution, American political thinkers and political actors gradually abandoned those principles for a set of modern ideas, initially called progressivism. The social crisis, culminating in the Great Depression, did not produce a Lincoln to return to the founders' principles, but rather a series of leaders--Theodore Roosevelt, Woodrow Wilson, and Franklin D. Roosevelt--who repudiated them. Congress and the Supreme Court eventually followed their lead. Since the New Deal, Americans have lived in a constitutional twilight, not having completely abandoned the natural-rights constitutionalism of the founders, nor having completely embraced the entitlement-based welfare state of modern liberalism"-- Provided by publisher Bibliography Includes bibliographical references and index Notes Print version record Subject United States. Constitution SUBJECT Constitution (United States) fast Subject Progressivism (United States politics) HISTORY -- United States -- General. Politics and government Progressivism (United States politics) Social policy SUBJECT United States -- Social policy. http://id.loc.gov/authorities/subjects/sh85140547 United States -- Politics and government. http://id.loc.gov/authorities/subjects/sh85140410 Subject United States Form Electronic book ISBN 9781139507691 1139507699 9781299733794 1299733794

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