Title The constitution and the New Deal / G. Edward White

Published Cambridge, Mass. : Harvard University Press, 2000

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Description 1 online resource (x, 385 pages) Contents 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 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 Bibliography Includes bibliographical references (pages 315-376) and index Notes Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. http://purl.oclc.org/DLF/benchrepro0212 MiAaHDL English digitized 2010 HathiTrust Digital Library committed to preserve pda MiAaHDL Print version record SUBJECT New Deal gnd Subject Constitutional history -- United States. New Deal, 1933-1939. New Deal. LAW -- Constitutional. LAW -- Public. New Deal, 1933-1939 Constitutional history Economic policy Gesetzgebung Wirtschaftspolitik New Deal Economische politiek. New Deal. Supreme Court (VS) Grondwetten. New Deal -- États-Unis. Constitutional history -- United States. Economic policy -- United States -- 1933-1945. New Deal, 1933-1939. SUBJECT United States -- Economic policy -- 1933-1945. http://id.loc.gov/authorities/subjects/sh85140035 Subject United States États-Unis -- Histoire constitutionnelle. États-Unis -- Politique économique -- 1900-1945. Etats-Unis -- Histoire constitutionnelle -- 1900-1945. Form Electronic book ISBN 9780674059733 0674059735

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