FDR v. The Constitution

The Court-Packing Fight and the Triumph of Democracy

Author: Burt Solomon

Publisher: Bloomsbury Publishing USA

ISBN: 9780802719577

Category: History

Page: 352

View: 6038

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In the wake of Franklin Delano Roosevelt's landslide re-election of 1936, the popular president-never anything but self-confident-unaccountably overreached. Deeply frustrated by a Supreme Court that had blocked many of his New Deal initiatives, FDR proposed to enlarge it from 9 justices to 15. The now-famous "court packing scheme" divided Roosevelt's own party and inflamed the country at large, and it failed-humiliatingly for FDR-because the president could persuade neither the public nor the Senate of its virtues. And yet, ironically, he could claim ultimate victory, for the Court that emerged from the revolution of 1937-its majority shifted from conservative to liberal-lasted for the next 68 years, until the recent Bush appointments have tilted it back. Historian Burt Solomon, deeply steeped in Washington's lore, skillfully chronicles one of the great set pieces in American history, illuminating the inner workings of the nation's capital as the three branches of our government squared off. The Supreme Court has generated many fascinating and dramatic stories, but none more so than that of the 168 days during which one of our greatest presidents attempted to outmaneuver the Constitution-an action that inevitably calls forth parallels with the present.

Franklin Roosevelt and the Great Constitutional War

The Court-packing Crisis of 1937

Author: Marian Cecilia McKenna

Publisher: Fordham Univ Press

ISBN: 9780823221547

Category: History

Page: 612

View: 3565

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This new history of Franklin D. Roosevelt and the "Great Constitutional War" is a critical, revisionist portrayal of FDR's personal role in initiating, with the advice of his attorney general, Homer S. Cummings, a "reorganization of the federal judiciary," or what in fact constituted a bald-faced attempt to "pack" the Supreme Court in 1937. No issue in domestic politics ever aroused the country>'s anger as did the presidential proposal to increase the size of the Supreme Court to fifteen by giving the president power to appoint a new judge for every justice over the age of 70 who refused to resign or retire. For background, the case histories which led up to this bold stroke are, for the first time, chronicled and analyzed in a setting that places the stirring events which ensued in their proper perspective. The importance of the book's subject, the thorough documentation, its reasoned and reasonable criticism, all set forth in a lively, but lucid writing style should give this book a popular readership that reaches well beyond academia.

Supreme Power: Franklin Roosevelt vs. the Supreme Court

Author: Jeff Shesol

Publisher: W. W. Norton & Company

ISBN: 9780393079418

Category: History

Page: 512

View: 341

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"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.

Packing the Court

The Rise of Judicial Power and the Coming Crisis of the Supreme Court

Author: James Macgregor Burns

Publisher: Penguin

ISBN: 1101081902

Category: Political Science

Page: 336

View: 7598

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From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

Scorpions

The Battles and Triumphs of FDR's Great Supreme Court Justices

Author: Noah Feldman

Publisher: Twelve

ISBN: 0446575143

Category: History

Page: 528

View: 1856

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A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

The Forgotten Memoir of John Knox

A Year in the Life of a Supreme Court Clerk in FDR's Washington

Author: John Knox,Dennis J. Hutchinson,David J. Garrow

Publisher: University of Chicago Press

ISBN: 9780226448626

Category: Biography & Autobiography

Page: 288

View: 6094

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Recapturing life in Washington, D.C., when it was still a genteel Southern town, this personal memoir was written by law clerk John Knox (1907-1997), private secretary to U.S. Supreme Court Justice James C. McReynolds. 16 halftones.

FDR and Chief Justice Hughes

The President, the Supreme Court, and the Epic Battle Over the New Deal

Author: James F. Simon

Publisher: Simon and Schuster

ISBN: 1416578897

Category: History

Page: 480

View: 2215

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By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century. The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation. Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.

Nothing to Fear

The Selected Addresses of Franklin Delano Roosevelt, 1932-1945

Author: Franklin Delano Roosevelt,B. D. Zevin

Publisher: N.A

ISBN: 9781494115494

Category:

Page: 508

View: 5095

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This is a new release of the original 1946 edition.

Political Foundations of Judicial Supremacy

The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

Author: Keith E. Whittington

Publisher: Princeton University Press

ISBN: 1400827752

Category: Law

Page: 320

View: 8958

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Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

Keeping Faith with the Constitution

Author: Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder

Publisher: Oxford University Press

ISBN: 9780199752836

Category: Political Science

Page: 272

View: 8604

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Washington Century

Three Families and the Shaping of the Nation's Capital

Author: Burt Solomon

Publisher: Harper Collins

ISBN: 0062013742

Category: History

Page: 528

View: 4806

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The Washington Century chronicles the hundred-year rise of the nation's capital as it grew to become the most powerful city in the world -- a story made vivid through the history of three very different families, each representing an essential aspect of Washington: the Cafritzes, headed by a real estate mogul and his consummate hostess wife; the Boggs family, a political force in the ultimate political town; and the Hobsons, lead by a prominent black activist and civic leader in the first black-majority American city. Veteran journalist Burt Solomon uses these families to explore everything from the customs of Washington's elite society to the expansion of the federal bureaucracy, the District's own struggle for self-governance, and the influential role that politics and, increasingly, lobbying have played in the city.

The Roosevelt Myth

Author: John Thomas Flynn

Publisher: Ludwig von Mises Institute

ISBN: 161016346X

Category: United States

Page: 465

View: 8413

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Made Love, Got War

Close Encounters with America's Warfare State

Author: Norman Solomon

Publisher: PoliPointPress

ISBN: 0977825345

Category: History

Page: 247

View: 4359

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Like the rest of the Baby-Boom Generation, author and activist Norman Solomon, grew up in a nation of dazzling progress and ominous shadows. In Made Love, Got War he traces five decades of American politics and culture to dramatize a set of disturbing trends in American public life--most notably warfare abroad and acquiescence at home. Blending personal history and social commentary, Made Love, Got War documents five decades of rising American militarism and the media's all-too-frequent failure to challenge it. As Daniel Ellsberg notes in the forward, the author's unique weave of eyewitness narrative and historical inquiry "helps us understand where we are now and how we got here." Solomon's firsthand experiences and compelling narrative raise an essential question: To what ends should America use its awesome political, economic, media and scientific power? Made Love, Got War will help readers find meaningful answers.

FDR and Chief Justice Hughes

The President, the Supreme Court, and the Epic Battle Over the New Deal

Author: James F. Simon

Publisher: Simon and Schuster

ISBN: 1416578897

Category: History

Page: 480

View: 4812

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By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century. The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation. Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.

The American State from the Civil War to the New Deal

The Twilight of Constitutionalism and the Triumph of Progressivism

Author: Paul D. Moreno

Publisher: Cambridge University Press

ISBN: 1107067715

Category: History

Page: N.A

View: 7665

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This book tells the story of constitutional government in America during the period of the 'social question'. After the Civil War and Reconstruction, and before the 'second Reconstruction' and cultural revolution of the 1960s, Americans dealt with the challenges of the urban and industrial revolutions. In the crises of the American Revolution and the Civil War, the American founders - and then Lincoln and the Republicans - returned to a long tradition of Anglo-American constitutional principles. During the Industrial Revolution, American political thinkers and actors gradually abandoned those principles for a set of modern ideas, initially called progressivism. The social crisis, culminating in the Great Depression, did not produce a Lincoln to return to the founders' principles, but rather a series of leaders who repudiated them. Since the New Deal, Americans have lived in a constitutional twilight, not having completely abandoned the natural-rights constitutionalism of the founders, nor embraced the entitlement-based welfare state of modern liberalism.

Nothing to Fear

FDR's Inner Circle and the Hundred Days That Created ModernAmerica

Author: Adam Cohen

Publisher: Penguin

ISBN: 9781440685675

Category: History

Page: 384

View: 3359

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"A fascinating account of an extraordinary moment in the life of the United States." --The New York Times With the world currently in the grips of a financial crisis unlike anything since the Great Depression, Nothing to Fear could not be timelier. This acclaimed work of history brings to life Franklin Roosevelt's first hundred days in office, when he and his inner circle launched the New Deal, forever reinventing the role of the federal government. As Cohen reveals, five fiercely intelligent, often clashing personalities presided over this transformation and pushed the president to embrace a bold solution. Nothing to Fear is the definitive portrait of the men and women who engineered the nation's recovery from the worst economic crisis in American history.

Constitutional Review in Europe

A Comparative Analysis

Author: Maartje de Visser

Publisher: Bloomsbury Publishing

ISBN: 1782252444

Category: Law

Page: 528

View: 6973

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Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'Ãatre, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.

Gunfight: The Battle Over the Right to Bear Arms in America

Author: Adam Winkler

Publisher: W. W. Norton & Company

ISBN: 0393077411

Category: History

Page: 361

View: 7441

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Adam Winkler's groundbreaking new work chronicles the story of America's political battles over gun control, and how, like abortion and health care, the heated gun controversy illustrates the increasing political divide between liberals and conservatives, between the concerns of urban residents and the cries of rural activists. Using the Supreme Court's landmark case, District of Columbia v. Heller - in which the 2008 ruling invalidated a law banning handguns in the nation's capital - as a launching pad, Winkler, a prominent law professor and Daily Beast columnist, models his overarching narrative after Anthony Lewis's classic Gideon's Trumpet. Winkler demonstrates that the Supreme Court case proved to be a Pyrrhic victory for the plaintiff, Alan Gura, for while he was successful in challenging the D. C. handgun prohibition, the gun lobbyists lost a bigger struggle: their war to end gun control in America. Shuttling back and forth in history - examining post-Civil War prohibitions against blacks owning guns, FDR's first attempt to impose gun control legislation, or Ronald Reagan's (a Republican!) advocacy of gun control - Winkler reveals that guns have increasingly become the Rosetta Stone of American politics, and that no single issue reveals more about how America has tilted towards the right in the last 50 years. This potentially prize-winning work by an uncommonly gifted legal scholar, ultimately explores the political, social, and legal issues that have so fiercely divided a nation.

The Baseball Timeline

The Day-By-Day History of Baseball, from Valley Forge to the Present Day

Author: Burt Solomon

Publisher: N.A

ISBN: 9780380782918

Category: Sports & Recreation

Page: 1082

View: 7848

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Provides stats, records, anecdotes, and re-creations of baseball's historic players, games, and events, from the first baseball uniform of 1849 to Cal Ripkin, Jr.'s record-making achievements of 1995. Original.

It's Time to Fight Dirty

How Democrats Can Build a Lasting Majority in American Politics

Author: David Faris

Publisher: Melville House

ISBN: 1612196950

Category: Political Science

Page: 208

View: 2864

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The American electoral system is clearly failing more horrifically in the 2016 presidential election than ever before. In It's Time to Fight Dirty, David Faris expands on his popular series for 'The Week' to offer party leaders and supporters concrete strategies for lasting political reform - and in doing so lays the groundwork for a more progressive future. With equal parts playful irreverence and persuasive reasoning, It's Time to Fight Dirty is essential reading as we head toward the 2018 midterms... and beyond.