The Hughes Court : from progressivism to pluralism, 1930 to 1941 / Mark V. Tushnet.

Format:

Book

Author/Creator:

Tushnet, Mark, 1945- author.

Series:

History of the Supreme Court of the United States ; v. 11.

The Oliver Wendell Holmes devise history of the Supreme Court of the United States ; volume XI

Language:

English

Subjects (All):

United States. Supreme Court--History.

United States.

Political questions and judicial power--United States--History.

Political questions and judicial power.

Constitutional history--United States.

Constitutional history.

Progressivism (United States politics)--History--20th century.

Progressivism (United States politics).

Legal polycentricity--United States--History--20th century.

Legal polycentricity.

Hughes, Charles Evans, 1862-1948.

Hughes, Charles Evans.

Genre:

History.

Physical Description:

xxxiv, 1238 pages ; 25 cm.

Place of Publication:

Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2021.

Summary:

"Steven Shapin began a classic work with this sentence: "There was no such thing as the Scientific Revolution, and this is a book about it."1 This book's theme might be put in similar terms. There was no Constitutional Revolution of 1937, and this is a book about it. As the book's subtitle suggests, the Hughes Court from its inception in 1930 was in large measure a Progressive court, committed in a wide range of areas to the vision of active government associated with the Progressive movement in thought and politics. The Court was not dominated by a deep formalism, though most of the justices, liberals and conservatives alike, had their moments of formalism - and not merely for strategic reasons when controlling precedent forced formalism on them. At one time or another and cumulatively a great deal of the time, all of the justices incorporated ideas about good public policy in their interpretations of the Constitution and federal statutes"-- Provided by publisher.

Contents:

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 the 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.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Tushnet, Mark V., 1945- Hughes Court.

ISBN:

9781316515938

1316515931

OCLC:

1263663390