The Hughes Court : from progressivism to pluralism, 1930 to 1941 /
Tushnet, Mark V.,1945-author.
United States.Permanent Committee for the Oliver Wendell Holmes Devise.
"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"--
Includes bibliographical references and index.
Personnel and organizing ideas -- Formulas and conceptions of basic needs : an overview -- The complex world of simple formulas -- Formulas and considerations of basic needs in business regulation cases -- Blaisdell -- Nebbia -- The gold clause cases -- Black Monday, May 27, 1935 -- Winter 1935-36 -- Spring 1936 -- The court-packing plan -- Resolution -- Was there a "switch in time"? -- After the storm : personnel and organization -- Consolidating the new constitutional regime : the first plank - the scope of national power -- Consolidating the new constitutional regime : the second plank - state regulation of business -- Consolidating the new constitutional regime : the third and fourth planks - labor law and intergovernmental immunity -- Toward a theory of pluralism -- Envisioning administrative law -- Constitutional limitations on agencies -- The president's role -- The courts' role in administrative law -- The uncertainties of theory -- Progressivism, prohibition, and organized crime : criminal law in the 1930s -- Race, criminal justice, and "labor defense" -- Race and strategic litigation -- The Hughes Court and radical political dissent -- The Hughes Court and radical religious dissent -- Basic concepts of justiciability -- Sovereign immunity and political questions -- Regulating access to the national courts -- Erie -- Erie's legacy -- Form and style in statutory interpretation -- The Supreme Court and new deal economics -- Regulating strikes -- Regulating the NLRB -- The labor-antitrust interface -- The justices and the theories -- Demonstrations, picketing, and First Amendment theories -- The Jehovah's witnesses and First Amendment theories.
"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"--
Hughes, Charles Evans, 1862-1948.
United States. Supreme Court
Political questions and judicial power
Constitutional history
Progressivism (United States politics)
Legal polycentricity