The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt / Edition 1

The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt / Edition 1

by Leuchtenburg, William E. Leuchtenburg, William E.
     
 

In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez-faire doctrine, the conservative "Four Horsemen" - Justices Butler, Van Devanter,… See more details below

Overview

In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez-faire doctrine, the conservative "Four Horsemen" - Justices Butler, Van Devanter, Sutherland, and McReynolds - aided by the swing vote of Justice Owen Roberts - struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Horsemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress, it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Roosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice, shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesm

Read More

Product Details

ISBN-13:
9780195111316
Publisher:
Oxford University Press, USA
Publication date:
10/28/1996
Edition description:
Reprint
Pages:
368
Sales rank:
1,426,410
Product dimensions:
5.31(w) x 8.00(h) x 0.67(d)

Table of Contents

1Mr. Justice Holmes and Three Generations of Imbeciles3
2Mr. Justice Roberts and the Railroaders26
3The Case of the Contentious Commissioner52
4The Origins of Franklin D. Roosevelt's "Court-packing" Plan82
5FDR's "Court-packing" Plan132
6The Case of the Wenatchee Chambermaid163
7A Klansman Joins the Court180
8The Constitutional Revolution of 1937213
9The Birth of America's Second Bill of Rights237
Notes259
Index331

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >