The Public Papers and Addresses of Franklin D. Roosevelt: The Constitution prevails, 1937 PDF Download

Author: Franklin Delano Roosevelt
Publisher:
ISBN:
Category : New York (State)
Languages : en
Pages : 744

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Author: Laura Kalman
Publisher: Oxford University Press
ISBN: 0197539319
Category : Law
Languages : en
Pages : 441

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A comprehensive, engaging, and revisionist account of the Court fight that ties it to contemporary policy debates. In the last past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that famously crashed and burned in the 1930s: court packing. Not surprisingly, today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt-fresh off a landslide victory-stunned the country when he proposed a plan to expand the size of the court by up to six justices. Today, that scheme is generally seen as an act of hubris-an instance where FDR failed to read Congress and the public properly. In FDR's Gambit, the eminent legal historian Laura Kalman challenges the conventional wisdom by telling the story as it unfolded, without the distortions of hindsight. Indeed, while scholars have portrayed the Court Bill as the ill-fated brainchild of a hubristic President made overbold by victory, Kalman argues to the contrary that acumen, not arrogance, accounted for Roosevelt's actions. Far from erring tragically from the beginning, FDR came very close to getting additional justices, and the Court itself changed course. As Kalman shows, the episode suggests that proposing a change in the Court might give the justices reason to consider whether their present course is endangering the institution and its vital role in a liberal democracy. Based on extensive archival research, FDR's Gambit offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today. Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to be recalled as one fated for failure in 1937.

Author: G. Edward White
Publisher: Harvard University Press
ISBN: 0674003411
Category : History
Languages : en
Pages : 398

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In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 1429989955
Category : Law
Languages : en
Pages : 623

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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Author: J. Rofe
Publisher: Springer
ISBN: 0230604897
Category : History
Languages : en
Pages : 276

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A new and original analysis of the mission undertaken by FDR's Secretary of State during the Phoney War, Rofe's work explains the motivations and goals of Roosevelt through an analysis of the president's foreign policy and of the nature of the Anglo-American relationship of the time.

Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274

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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.

Author: George Thomas
Publisher: JHU Press
ISBN: 0801888522
Category : Biography & Autobiography
Languages : en
Pages : 263

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Author: Sean J. Savage
Publisher: University Press of Kentucky
ISBN: 9780813130798
Category : History
Languages : en
Pages : 248

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FDR -- the wily political opportunist glowing with charismatic charm, a leader venerated and hated with equal vigor -- such is one common notion of a president elected to an unprecedented four terms. But in this first comprehensive study of Roosevelt's leadership of the Democratic party, Sean Savage reveals a different man. He contends that, far from being a mere opportunist, Roosevelt brought to the party a conscious agenda, a longterm strategy of creating a liberal Democracy that would be an enduring majority force in American politics. The roots of Roosevelt's plan for the party ran back to his experiences with New York politics in the 1920s. It was here, Savage argues, that Roosevelt first began to perceive that a pluralistic voting base and a liberal philosophy offered the best way for Democrats to contend with the established Republican organization. With the collapse of the economy in 1929 and the discrediting of Republican fiscal policy, Roosevelt was ready to carry his views to the national scene when elected president in 1932. Through his analysis of the New Deal, Savage shows how Roosevelt made use of these programs to develop a policy agenda for the Democratic party, to establish a liberal ideology, and, most important, to create a coalition of interest groups and voting blocs that would continue to sustain the party long after his death. A significant aspect of Roosevelt's leadership was his reform of the Democratic National Committee, which was designed to make the party's organization more open and participatory in setting electoral platforms and in raising financial support. Savage's exploration of Roosevelt's party leadership offers a new perspective on the New Deal era and on one of America's great presidents that will be valuable for historians and political scientists alike.

Author: Jonathan Alter
Publisher: Simon and Schuster
ISBN: 0743246012
Category : Biography & Autobiography
Languages : en
Pages : 454

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In this dramatic and authoritative account, the author shows how Franklin Delano Roosevelt used his famous "fear itself" speech and the first 100 days in office to lift the country from despair and paralysis and transform the American presidency.

Author: Doris Kearns Goodwin
Publisher: Simon and Schuster
ISBN: 1439126194
Category : History
Languages : en
Pages : 790

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Doris Kearns Goodwin’s Pulitzer Prize–winning classic about the relationship between Franklin D. Roosevelt and Eleanor Roosevelt, and how it shaped the nation while steering it through the Great Depression and the outset of World War II. With an extraordinary collection of details, Goodwin masterfully weaves together a striking number of story lines—Eleanor and Franklin’s marriage and remarkable partnership, Eleanor’s life as First Lady, and FDR’s White House and its impact on America as well as on a world at war. Goodwin effectively melds these details and stories into an unforgettable and intimate portrait of Eleanor and Franklin Roosevelt and of the time during which a new, modern America was born.