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Showing 1 - 2 of 2 matches in All Departments
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.
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.
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