The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.

This book examines legal ideology in America from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

This book examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

The two-hundredth anniversary of the U.S. Constitution and the intense debates surrounding the recent nominees to the Supreme Court have refocused attention on one of the most fundamental documents in U.S. history -- and on the judges who settle disputes over its interpretation. Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present. William M. Wiecek surveys the impact of the Court's power of judicial review on important aspects of the nation's political, economic, and social life. The author highlights important decisions on issues that range from the scope and legitimacy of judicial review itself to civil rights, censorship, the rights of privacy, separation of church and state, and the powers of the President and Congress to conduct foreign affairs. Wiecek's own beliefs about the Court and the Constitution are unabashed and clearly stated. He expresses admiration for John Marshall while critically reviewing the mixed achievements of Marshall's successor, Roger Taney, author of the infamous Dred Scott opinion, which upheld the legitimacy of slavery. And he offers sharp criticism of the Court's "formalist" era in the early twentieth century, when judicial obstructionists "sought to shield a minority of wealth from the effects of democratic politics." Throughout, Wiecek underscores the importance of disagreements over just what law is, and over the Court's role in interpreting that law. In so doing, he broadens the context for current debates about the Constitution and efforts to establish what some have called a "jurisprudence of original intention." The mirror of history, heshows, reveals the limitations of such a narrow scope of interpretation.

This ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought-political speeches and pamphlets, legislative debates and arguments.