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and unpublished manuscripts, William Ross demonstrates that this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 1993.
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 paperback editions preserve the original texts of these
important books while presenting them in durable paperback
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.
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