A muted fury : populists, progressives, and labor unions confront the courts, 1890-1937 / William G. Ross.

Format:

Book

Author/Creator:

Ross, William G., 1954- author.

Series:

Princeton Legacy Library

Princeton Legacy Library ; 229

Language:

English

Subjects (All):

Judicial review--United States--History.

Judicial review.

Judicial power--United States--History.

Judicial power.

Labor unions--Law and legislation--United States--History.

Labor unions.

Physical Description:

1 online resource (352 p.)

Edition:

Course Book

Place of Publication:

Princeton, New Jersey : Princeton University Press, [1994]

Language Note:

In English.

Summary:

For half a century before 1937, populists, progressives, and labor leaders complained bitterly that a "judicial oligarchy" impeded social and economic reform by imposing crippling restraints on trade unions and nullifying legislation that regulated business corporations. A Muted Fury, the first study of this neglected chapter in American political and legal history, explains the origins of hostility toward the courts during the Progressive Era, examines in detail the many measures that antagonists of the judiciary proposed for the curtailment of judicial power, and evaluates the successes and failures of the anti-court movements.Tapping a broad array of sources, including popular literature and unpublished manuscripts, William Ross demonstrates that this widespread fury against the judiciary was muted by many factors, including respect for judicial power, internal divisions among the judiciary's critics, institutional obstacles to reform, and the judiciary's own willingness to mitigate its hostility toward progressive legislation and labor. Ross argues that persistent criticism of the courts influenced judicial behavior, even though the antagonists of the courts failed in their many efforts to curb judicial power. The book's interdisciplinary exploration of the complex interactions among politics, public opinion, judicial decision-making, the legislative process, and the activities of organized interest groups provides fresh insights into the perennial controversy over the scope of judicial power in America.Originally published in 1994.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Contents:

Frontmatter

CONTENTS

ACKNOWLEDGMENTS

INTRODUCTION

ONE. THE SEEDS OF DISCORD

TWO. CHALLENGES TO CONSTITUTIONAL ORTHODOXY

THREE. MELIORATIVE MEASURES

FOUR. RECONSTRUCTING THE BENCH

FIVE. THE JUDICIAL RECALL MOVEMENT

SIX. THEODORE ROOSEVELT AND THE JUDICIAL REFERENDUM

SEVEN. EBB AND FLOW, 1913-1921

EIGHT. THE TAFT COURT AND THE RETURN OF "NORMALCY"

NINE. THE LA FOLLETTE PROPOSAL

TEN. THE BORAH PROPOSAL

ELEVEN. THE SUPREME COURT CALMS THE TEMPEST

TWELVE. THE JUDICIAL ISSUE IN THE 1924 ELECTION

THIRTEEN. FINAL CONFLICTS, 1925-1937

CONCLUSION

INDEX

Notes:

Description based upon print version of record.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 08. Jul 2019)

Description based on print version record.

Includes bibliographical references and index.

ISBN:

9781400863570

1400863570

OCLC:

922698606