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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941

Volume 11

$208.00 ( ) USD

Part of Oliver Wendell Holmes Devise History of the Supreme Court of the United States

  • Date Published: January 2022
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781009032902

$ 208.00 USD ( )
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About the Authors
  • The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive 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.

    • Explores the far-ranging work of the Supreme Court, such as constitutional law, statutory interpretation, and civil rights and civil liberties
    • Combines careful doctrinal analysis with examinations of the political, economic, and social contexts within which the Court's decisions were situated
    • The most current appraisal of the important claim that there was a Constitutional Revolution in 1937
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    Reviews & endorsements

    ‘No one understands the politics of law better or takes the law more seriously than Mark Tushnet. With a complete mastery of the decisions of the Hughes Court, Tushnet shows us the justices as they saw themselves, professionals of disparate backgrounds, temperaments, and talents, dispatching, with the tools at hand, the disputes that ceaselessly came to them. Familiar constitutional landmarks are here, as is the high drama of Franklin D. Roosevelt’s ‘Court-packing’ plan, but so are more gradual changes in the law of the presidency, the administrative state, the federal courts, civil liberties, and civil rights that ended with the nation on the verge of a new constitutional order. Despite economic calamity and social strife, the Supreme Court thrived, not by being above politics, but by proving its worth by doing its job.’ Daniel R. Ernst, Carmack Waterhouse Professor of Legal History, Georgetown University Law Center

    ‘In this tour de force, a master doctrinalist unpacks some of the twentieth century’s most significant cases. In the process, he brilliantly unlocks the mystery of the Constitutional Revolution of 1937 that did not happen, investigates the invention of federal jurisdiction, explores the evolution of the administrative state, and illuminates the transformation of modern American liberalism. Bravo!’ Laura Kalman, Distinguished Research Professor, University of California, Santa Barbara

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    Product details

    • Date Published: January 2022
    • format: Adobe eBook Reader
    • isbn: 9781009032902
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Part I. The Opening Years: Section A. Setting the Stage
    1. Personnel and Organizing Ideas
    2. Formulas and Conceptions of Basic Needs: An Overview
    3. The Complex World of Simple Formulas
    4. Formulas and Considerations of Basic Needs in Business Regulation Cases
    Section B. The False Dawn
    5. Blaisdell
    6. Nebbia
    7. The Gold Clause Cases
    Section C. Crisis
    8. Black Monday 1935
    9. Winter 1935–36
    10. Spring 1936
    11. The Court-Packing Plan
    12. Resolution
    13. Was There a 'Switch in Time'?
    Section D. The New Constitutional Regime
    14. After the Storm: Personnel and Organization
    15. Consolidating the Scope of National Power
    16. Consolidating State Regulation of Business
    17. Consolidating Labor Law and Intergovernmental Immunity
    18. Toward a Theory of Pluralism
    Part II. Continuities: Section A. Administrative Law
    19. Administrative Law Introduction
    20. Administrative Law Constitutional Limits
    21. Administrative Law Presidential Power
    22. Administrative Law Courts' Role
    Section B. Civil Liberties and Civil Rights
    23. The Uncertainty of Theory
    24. Progressivism, Prohibition, and Organized Crime
    25. Race, Criminal Justice, and 'Labor Defense'
    26. Race and Strategic Litigation
    27. Radical Political Dissent
    28. Radical Religious Dissent
    Section C. Justiciability
    29. Basic Concepts of Justiciability
    30. Sovereign Immunity and Political Questions
    31. Regulating Access to the National Courts
    32. Erie
    33. Erie's Legacy
    34. Form and Style in Statutory Interpretation
    Part III: New Approaches Begin to Emerge: Section A. Economics
    35. New Deal Economics
    36. Regulating Strikes
    37. Regulating the NLRB
    38. The Labor Antitrust Interface
    Section B. Civil Liberties After 1937
    39. The Justices and the Theories
    40. Demonstrations, Picketing, and First Amendment Theories
    41. The Jehovah's Witnesses and First Amendment Theories
    42. Conclusion
    Historiographical Essay

  • Author

    Mark V. Tushnet, Harvard Law School, Massachusetts
    Mark Tushnet is the William Nelson Cromwell Professor of Law emeritus at Harvard Law School. After graduating from Harvard College and Yale Law School, he served as law clerk to Supreme Court Justice Thurgood Marshall. He has written widely on constitutional theory, comparative constitutional law, and US legal and constitutional history. His book The NAACP's Legal Strategy Against Segregated Education (1987) won the Littleton Griswold Prize awarded by the American Historical Association.

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