The Supreme Court Reborn: The Constitutional Revolution in the Age of RooseveltOxford University Press, 1996 M10 10 - 368 páginas For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds, aided by the swing vote of Justice Owen Roberts--struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Hoursemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress; it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Rosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional Revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of Civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice; shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court. |
Dentro del libro
Resultados 1-5 de 65
Página 27
... Retirement Act of 1934 - so minor that it is never mentioned in most histories of the period , a measure that the Adminis- tration did not regard as one of its own . Indeed , Roosevelt could barely bring himself to sign it into law ...
... Retirement Act of 1934 - so minor that it is never mentioned in most histories of the period , a measure that the Adminis- tration did not regard as one of its own . Indeed , Roosevelt could barely bring himself to sign it into law ...
Página 31
... retire , thereby opening opportunities for the younger men who had been discharged . 12 Determined to find a long - term solution , the brotherhoods in March 1932 drafted a pension bill for railroad employees that Robert Wagner of New ...
... retire , thereby opening opportunities for the younger men who had been discharged . 12 Determined to find a long - term solution , the brotherhoods in March 1932 drafted a pension bill for railroad employees that Robert Wagner of New ...
Página 32
... Retirement Act of 1934 required carriers to contribute 4 percent of their payrolls to a common pension pool for more than two million railway workers , past and present , and assessed employees 2 percent of their wages . It made no ...
... Retirement Act of 1934 required carriers to contribute 4 percent of their payrolls to a common pension pool for more than two million railway workers , past and present , and assessed employees 2 percent of their wages . It made no ...
Página 33
... retirement of 100,000 men this year alone . Not only will this take care of the men who have broken down in railroad services but it will help the unemployment problem by elevating the young man who is looking for the opportunity to ...
... retirement of 100,000 men this year alone . Not only will this take care of the men who have broken down in railroad services but it will help the unemployment problem by elevating the young man who is looking for the opportunity to ...
Página 34
... Retirement Board wanted him to go farther in stressing its " so- cial desirability , " but Stephens thought such emphasis would not be nec- essary for the liberals on the bench and might antagonize the other Justices . " It has been my ...
... Retirement Board wanted him to go farther in stressing its " so- cial desirability , " but Stephens thought such emphasis would not be nec- essary for the liberals on the bench and might antagonize the other Justices . " It has been my ...
Contenido
3 | |
26 | |
The Case of the Contentious Commissioner | 52 |
The Origins of Franklin D Roosevelts Courtpacking Plan | 82 |
FDRs Courtpacking Plan | 132 |
The Case of the Wenatchee Chambermaid | 163 |
A Klansman Joins the Court | 180 |
The Constitutional Revolution of 1937 | 213 |
The Birth of Americas Second Bill of Rights | 237 |
Notes | 259 |
Index | 331 |
Otras ediciones - Ver todas
The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt William E. Leuchtenburg Vista previa limitada - 1996 |
The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt William Edward Leuchtenburg Vista previa limitada - 1995 |
Términos y frases comunes
Adkins Administration American appointment April Attorney August bench Bill of Rights Brandeis Buck Butler Catledge Charles Evans Hughes Chief Justice civil liberties clipping COHC Congressional Constitution Corwin Court-packing Deal decision declared Democratic Devanter Diary dissent due process clause eugenics FDR's FDRL February February 13 Federal Trade Commission Felix Frankfurter Fourteenth Amendment Franklin Harlan Fiske Stone Hiram Johnson History Holmes Homer Cummings Hugo Black Ickes interstate commerce January John judges judicial judiciary July June Justice Black Justice Roberts Klan Labor later Law Review legislation liberal March McReynolds ment minimum wage noted October opinion Parrish political President President's rail pension railroad Raymond Clapper Reed Republican Retirement Richberg ruling Scrapbooks Senator September social Stanley Reed statute sterilization Stone Sutherland Taft thought tion Tipaldo told Tribune Turner Catledge U.S. Supreme Court United University Virginia vote Washington Post White House William wrote York
Pasajes populares
Página 14 - We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the state for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetents.
Página 58 - Roosevelt addressed a letter to the commissioner asking for his resignation, on the ground "that the aims and purposes of the Administration with respect to the work of the Commission can be carried out most effectively with personnel of my own selection," but disclaiming any reflection upon the commissioner personally or upon his services.
Página 245 - For present purposes we may and do assume that freedom of speech and of the press — which are protected by the First Amendment from abridgment by Congress — are among the fundamental personal rights and "liberties...
Página 60 - You will, I know, realize that I do not feel that your mind and my mind go along together on either the policies or the administering of the Federal Trade Commission, and, frankly, I think it is best for the people of this country that I should have a full confidence.
Página 171 - Differentiated by these matters from the other sex, she is properly placed in a class by herself, and legislation designed for her protection may be sustained, even when like legislation is not necessary for men, and could not be sustained.