New Deal Law and Order: How the War on Crime Built the Modern Liberal State

A historian traces the origins of the modern law-and-order state to a surprising source: the liberal policies of the New Deal.

Most Americans remember the New Deal as the crucible of modern liberalism. But while it is most closely associated with Roosevelt’s efforts to end the Depression and provide social security for the elderly, we have failed to acknowledge one of its most enduring legacies: its war on crime. Crime policy, Anthony Gregory argues, was a defining feature of the New Deal. Tough-on-crime policies provided both the philosophical underpinnings and the institutional legitimacy necessary to remake the American state.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds. This nascent carceral liberalism both accommodated a redoubled emphasis on rehabilitation and underwrote a massive wave of prison construction across the country. Alcatraz, an unforgiving punitive model, was designed to be a “symbol of the triumph of law and order.” This emergent security state eventually transformed both liberalism and federalism, and in the process reoriented the terms of US political debate for decades to come.

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New Deal Law and Order: How the War on Crime Built the Modern Liberal State

A historian traces the origins of the modern law-and-order state to a surprising source: the liberal policies of the New Deal.

Most Americans remember the New Deal as the crucible of modern liberalism. But while it is most closely associated with Roosevelt’s efforts to end the Depression and provide social security for the elderly, we have failed to acknowledge one of its most enduring legacies: its war on crime. Crime policy, Anthony Gregory argues, was a defining feature of the New Deal. Tough-on-crime policies provided both the philosophical underpinnings and the institutional legitimacy necessary to remake the American state.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds. This nascent carceral liberalism both accommodated a redoubled emphasis on rehabilitation and underwrote a massive wave of prison construction across the country. Alcatraz, an unforgiving punitive model, was designed to be a “symbol of the triumph of law and order.” This emergent security state eventually transformed both liberalism and federalism, and in the process reoriented the terms of US political debate for decades to come.

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New Deal Law and Order: How the War on Crime Built the Modern Liberal State

New Deal Law and Order: How the War on Crime Built the Modern Liberal State

by Anthony Gregory
New Deal Law and Order: How the War on Crime Built the Modern Liberal State

New Deal Law and Order: How the War on Crime Built the Modern Liberal State

by Anthony Gregory

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Overview

A historian traces the origins of the modern law-and-order state to a surprising source: the liberal policies of the New Deal.

Most Americans remember the New Deal as the crucible of modern liberalism. But while it is most closely associated with Roosevelt’s efforts to end the Depression and provide social security for the elderly, we have failed to acknowledge one of its most enduring legacies: its war on crime. Crime policy, Anthony Gregory argues, was a defining feature of the New Deal. Tough-on-crime policies provided both the philosophical underpinnings and the institutional legitimacy necessary to remake the American state.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds. This nascent carceral liberalism both accommodated a redoubled emphasis on rehabilitation and underwrote a massive wave of prison construction across the country. Alcatraz, an unforgiving punitive model, was designed to be a “symbol of the triumph of law and order.” This emergent security state eventually transformed both liberalism and federalism, and in the process reoriented the terms of US political debate for decades to come.


Product Details

ISBN-13: 9780674296732
Publisher: Harvard University Press
Publication date: 06/11/2024
Sold by: Barnes & Noble
Format: eBook
Pages: 416
File size: 6 MB

About the Author

Anthony Gregory is the author of The Power of Habeas Corpus in America and American Surveillance. He has taught courses at the University of California, Berkeley, Brown University, and the Rhode Island School of Design.

Table of Contents

Cover Title Page Copyright Dedication Contents Introduction Part I: The Limits of Liberal Mobilization, 1865–1932 1. “The Most Lawless Nation" 2. “Anarchy or Despotism" Part II: Perfecting the Machinery, 1933–1934 3. “The Basic Idea of Democracy" 4. “Federal Bullets" Part III: The War on Crime Constitution, 1933–1941 5. The Anti-Crime Consensus in Legal Thought 6. Worse than Murder: Making the War on Drugs 7. Southern Strategies Part IV: Discipline and Welfare, 1933–1941 8. Building Carceral Liberalism 9. Prevention, Repression, and New Deal Criminology Part V: The Liberal Security State, 1935–1945 10. The New Political Economy of Law and Order 11. Analogues of War 12. Trial by Fire Epilogue Abbreviations Notes Archival and Primary Sources Acknowledgments Index
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