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The Chief Justiceship of Charles Evans Hughes, 1930-1941
During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how ...
Rethinking the New Deal Court
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...
Liberty of Contract
Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
The Cambridge Companion to the United States Constitution
Offers an accessible, interdisciplinary, and historically informed introduction to the study of American constitutionalism.
Constitutional Redemption
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
The Hughes Court
"This book describes the closing of one era in constitutional jurisprudence and the opening of another. This study of the Supreme Court from 1930 to 1941 - when Charles Evans Hughes was Chief Justice - shows how nearly all justices, even the most conservative, accepted the broad premises of a progressive theory of government and the Constitution. The progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation"--
FDR's Gambit
When Franklin Roosevelt proposed adding up to six new justices to the Supreme Court in 1937, a firestorm exploded. FDR was accused of "Court packing," dictatorial ambitions, political trickery, undermining the rule of law, and undercutting judicial independence. Drawing upon extensive archival research, Laura Kalman revises the conventional wisdom by telling the story as it unfolded in FDR's Gambit. She argues that acumen, not arrogance, accounted for Roosevelt's actions. Far from erring tragically, he came very close to getting additional justices, and the Court itself changed course.
Constitutional Process
This is the first comprehensive analysis of how the collective nature of Supreme Court decision making affects the transformation of the justices' preferences into constitutional doctrine. Analyzing the Supreme Court from the perspective of social choice theory, Maxwell L. Stearns offers new insights into Supreme Court decision making that have profound implications for understanding the outcomes in a number of cases and the resulting doctrinal development within constitutional law which traditional analyses have proven ill-equipped to explain. The book models several important process-based Supreme Court rules, including outcome voting, the narrowest-grounds rule, stare decisis, and justici...
Rehabilitating Lochner
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Princeton Readings in American Politics
Princeton Readings in American Politics offers an exciting and challenging new way to learn about American politics. It brings together political science that has stood the test of time and recent cutting-edge analyses to acquaint undergraduate and graduate students with the substantive, conceptual, and methodological foundations they need to make sense of American politics today. Princeton Readings in American Politics features writings by such eminent scholars as Larry M. Bartels, Robert Dahl, Martha Derthick, Howard Gillman, Jacob Hacker, Kay L. Schlozman, Deborah Stone, Marta Tienda, and Kent Weaver, among others. The book is organized in sections that cover the major American political ...
