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Rethinking the New Deal Court: The Structure of a Constitutional Revolution Hardcover – February 1, 1998

ISBN-13: 978-0195115321 ISBN-10: 0195115325 Edition: NULL

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Product Details

  • Hardcover: 336 pages
  • Publisher: Oxford University Press; NULL edition (February 1998)
  • Language: English
  • ISBN-10: 0195115325
  • ISBN-13: 978-0195115321
  • Product Dimensions: 9.4 x 6.3 x 1 inches
  • Shipping Weight: 1.6 pounds (View shipping rates and policies)
  • Average Customer Review: 3.4 out of 5 stars  See all reviews (5 customer reviews)
  • Amazon Best Sellers Rank: #2,962,763 in Books (See Top 100 in Books)

Editorial Reviews

Review

Both skillful and astute, the book will force jurists and scholars to re-evaluate the processes by which constitutional change takes place The Historian

About the Author

Barry Cushman is at Saint Louis University.

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Customer Reviews

3.4 out of 5 stars
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Most Helpful Customer Reviews

9 of 10 people found the following review helpful By "the_independent_review" on August 15, 2001
Format: Paperback
Excerpted from The Independent Review (Summer 2001) by Andrew R. Rutten
Contrary to popular opinion, argues Cushman, the U.S. Supreme Court stopped protecting private property and freedom of contract years before Roosevelt threatened to pack it. Too often Cushman fails to question the intent of various government regulations, but his analysis of the gradual blurring of the distinction between public and private spheres immeasurably improves our understanding of the demise of laissez-faire constitutionalism.
Careful readers will also notice an irony in Cushman's attempt to draw lessons from his story. Again and again, he tells us to beware the temptation to reduce law to politics; law, he wants us to know, has its own logic. Yet his own account suggests that politics inside the Court is a crucial part of that logic.
...those who are interested in the constitutional history of the United States will want to read this book. They should, however, have handy at least the most important of the decisions Cushman discusses, and they should read carefully-the raw material is dense, and so is the book. In the end, however, they will find they have learned more than they would have imagined, and not just about the period Cushman covers. The real lesson of the book highlights the need for a better understanding of just what it is that judges do and why.
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9 of 10 people found the following review helpful By Ken Meyer on December 2, 2000
Format: Paperback
Cushman's book is an outstanding history of the "switch-in-time." He effectively debunks the myth that the Hughes Court did a sudden reversal because of Roosevelt's landslide reelection or his Court-packing plan. Rather, the key decisions that many scholars attribute to Roosevelt pressure had actually occurred before his Court-packing plan became known. In addition, the Court did not fear political pressure because they had survived it before and the majority of Congress did not support Roosevelt's Court-packing plan anyway. After debunking this myth, Cushman goes on to explain the structure of the real revolution, which was the "demise of constitutional federalism" that began with the Nebbia decision in 1934 and flowered in the early 1940s, after Hughes and his old-school colleagues had left the Court. Cushman's book is excellent: his arguments are sound and his writing is eloquent. I recommend this book to anyone who wants to understand the real history of the Supreme Court during the 1930s.
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4 of 4 people found the following review helpful By PGP on January 17, 2011
Format: Paperback Verified Purchase
I'd been reading recent books on the Court-packing fight and was struck by the juvenility of the interpretations of the conservative justices actions. Shesol and Solomon both gave no serious analysis of the legal issues at stake in the New Deal.
Fortunately, I ran across this title and recommend it to anyone looking for an intelligent analysis of the legal conservatives' positions. It's not about the court-packing fight per se, but provides an invaluable explanation of the constitutional conflict at the time.
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0 of 1 people found the following review helpful By Daniel on May 25, 2013
Format: Kindle Edition
The whole book was messed up. Seems like its been scanned and alot of words are not clear. I do not recommend anyone to get the eBook.
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0 of 2 people found the following review helpful By Spring Anders Carver on January 4, 2013
Format: Paperback Verified Purchase
Had to read this book for a history of law course. It was pretty interesting but mostly fact based and kind of a boring read.
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