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＜図書＞
Rethinking the New Deal court : the structure of a constitutional revolution

責任表示 Barry Cushman
データ種別 図書
出版情報 New York : Oxford University Press , 1998
本文言語 英語
大きさ viii, 320 p. ; 24 cm
概要 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 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 various lines of doctrine, Cushman 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.
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. 続きを見る

所蔵情報


: pbk 中央図 自動書庫 332.53/C 97/50980055 1998
050211998000554

書誌詳細

一般注記 Includes bibliographical references (p. 227-308) and index
著者標目 *Cushman, Barry
件　名 LCSH:Constitutional history -- United States  全ての件名で検索
LCSH:United States -- Economic policy -- 1933-1945  全ての件名で検索
LCSH:New Deal, 1933-1939
分　類 LCC:KF4541
DC21:342.73/029
書誌ID 1000399099
ISBN 0195115325
NCID BA36382310
巻冊次 ISBN:0195115325
: pbk ; ISBN:0195120434 ; XISBN:0195120337
登録日 2009.09.11
更新日 2009.09.11

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