The Unitary Executive

The Unitary Executive
Author: Steven G. Calabresi
Publisher:
Total Pages: 0
Release: 2008
Genre: Executive power
ISBN: 9780300121261

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This book provides a detailed historical and legal examination of presidential power and the theory of the unitary executive.

The Supreme Court Reborn

The Supreme Court Reborn
Author: William E. Leuchtenburg
Publisher: Oxford University Press
Total Pages: 363
Release: 1996-10-10
Genre: History
ISBN: 019802715X

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For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. 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 Hoursemen. 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. Rosevelt'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 spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court.

The Return of George Sutherland

The Return of George Sutherland
Author: Hadley Arkes
Publisher: Princeton University Press
Total Pages: 316
Release: 1997-04-22
Genre: Law
ISBN: 9780691016283

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From Amherst College, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherlandone anchored in the understanding of natural rights. Arkes argues that if both liberals and conservatives would study the writings of George Sutherland, with unclouded eyes, both groups would set aside their differences and return to the moral ground of their jurisprudence.

Summaries of Leading Cases on the Constitution

Summaries of Leading Cases on the Constitution
Author: Paul C. Bartholomew
Publisher: Rowman & Littlefield Publishers
Total Pages: 560
Release: 2000-02-09
Genre: History
ISBN: 146164271X

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This authoritative text and reference work is based upon landmark cases decided by the Supreme Court and still prevailing. Widely adopted and recommended for courses and research in American history, constitutional law, government, and political science. Clear, concise summaries of the most frequently cited cases since the establishment of the U.S. Supreme Court; each summary gives the question at issue, the decision and the reason behind it, votes of the justices, pertinent corollary cases, and notes offering further information on the subject; detailed explanation of the organization and functions of the Supreme Court; a complete text of the Constitution of the United States; a complete index of all cases cited; listings of all the chief justices and associate justices, the dates of their service, and president who appointed them, their state of origin, and their birth and death dates.

The Administrative Process

The Administrative Process
Author: James McCauley Landis
Publisher:
Total Pages: 184
Release: 1938
Genre: Administrative law
ISBN:

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Published on the fund established in memory of Ganson Goodyear Depew.

The Supreme Court

The Supreme Court
Author: Tom S. Clark
Publisher: Cambridge University Press
Total Pages: 455
Release: 2019-03-14
Genre: Political Science
ISBN: 1108530001

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This book presents a quantitative history of constitutional law in the United States and brings together humanistic and social-scientific approaches to studying law. Using theoretical models of adjudication, Tom S. Clark presents a statistical model of law and uses the model to document the historical development of constitutional law. Using sophisticated statistical methods and historical analysis of court decisions, the author documents how social and political forces shape the path of law. Spanning the history of constitutional law since Reconstruction, this book illustrates the way in which the law evolves with American life and argues that a social-scientific approach to the history of law illuminates connections across disparate areas of the law, connected by the social context in which the Constitution has been interpreted.