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by: Barry Cushman  Availability: Usually ships in 24 hours
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Binding: PaperbackDewey Decimal Number: 342.73029 EAN: 9780195120431 ISBN: 0195120434 Label: Oxford University Press, USA Manufacturer: Oxford University Press, USA Number Of Items: 1 Number Of Pages: 336 Publication Date: February 26, 1998 Publisher: Oxford University Press, USA Studio: Oxford University Press, USA Related Items:
Browse for similar items by category: Click to Display Editorial Review: Product 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 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 the New Deal Court by focusing 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 and finally 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's abandonment 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. Average Rating:
 Rating:  - Rethinking the New Deal Court: The Structure of a Constitutional RevolutionLots of great info but a pain to read - that author is very proud of his vocabulary Rating:  - Understanding the Demise of Laissez-Faire ConstitutionalismExcerpted from The Independent Review (Summer 2001) by Andrew R. Rutten Contrary to popular opinion, argues Cushman, the U.S. Supreme Court stopped protecting private property and freedom of contract years before Roosevelt threatened to pack it. Too often Cushman fails to question the intent of various government regulations, but his analysis of the gradual blurring of the distinction between public and private spheres immeasurably improves our understanding of the demise of laissez-faire ... Read More Rating:  - Great Debunking of New Deal MythCushman's book is an outstanding history of the "switch-in-time." He effectively debunks the myth that the Hughes Court did a sudden reversal because of Roosevelt's landslide reelection or his Court-packing plan. Rather, the key decisions that many scholars attribute to Roosevelt pressure had actually occurred before his Court-packing plan became known. In addition, the Court did not fear political pressure because they had survived it before and the majority of Congress did not support Roosevelt's ... Read More 
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