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Title: The Constitution and the New Deal by G. Edward White ISBN: 0-674-00831-6 Publisher: Harvard Univ Pr Pub. Date: May, 2002 Format: Paperback Volumes: 1 List Price(USD): $20.50 |
Average Customer Rating: 4.5 (2 reviews)
Rating: 5
Summary: Vast Improvement Over Existing New Deal Literature
Comment: "In his rewarding book, "The Constitution and the New Deal," G. Edward White takes a penetrating look at the conventional account of New Deal constitutionalism and concludes that it needs to be substantially revamped. He maintains that the transformation of constitutional law in the twentieth century was part of a more basic shift in thinking about the nature of law and that it cannot be explained in terms of a single dramatic event such as the Court-packing plan. He emphasizes that doctrinal change was gradual and that it started long before the political victory of the New Deal."
"White has unquestionably offered a far more nuanced and compelling examination of the relationship between New Deal and constitutional development than that provided by standard accounts. He has moved beyond the tired narrative of "good" liberals victorious over "bad" conservatives. His work raises a number of issues well worth exploring."
"White's thoughtful volume is a vast improvement over much of the existing literature on the constitutional dimensions of the New Deal era. It deserves a large audience. Still, one might suggest that in his well-founded desire to stamp out the myths associated with the New Deal, White unduly downplays the New Deal as a significant turning point in constitutional history. The New Deal may not have brought about a complete change in constitutional theories, and some of the legal doctrines it produced may have been long in gestation and only coincidentally to have come to a head in the 1930s. The fact remains, however, that for better or worse it was responsible for bringing these issues to a head and did so in a way that has shaped all subsequent constitutional discourse."
-From "The Independent Review," Spring 2002
Rating: 4
Summary: Ably done and of high interest
Comment: I was not going to review this book, since I doubt my qualifications, but since there is no review posted I will tell you what I thought of the book. The author takes up very interesting topics, such as, e.g., the expansion of the president's power in foreign affairs--powered by Justice Sutherland--and the "canonization" of Supreme Court Justices Holmes and Brandeis and the "demonization" of Justices Van Devanter, Sutherland, Butler and McReynolds. Some of his discussion was hard to follow. He throws around terms like, for instance, "essentialist." I guess my study of philosophy and jurisprudence is too far in the past and I wish he had done a better job explaining terms such as that. I enjoyed about 75% of the book, and am now interested in any rejoinder to the book's claims that may have come out since it was published.
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Title: Rethinking the New Deal Court: The Structure of a Constitutional Revolution by Barry Cushman ISBN: 0195120434 Publisher: Oxford University Press Pub. Date: January, 1998 List Price(USD): $27.50 |
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Title: Lochner v. New York: Economic Regulation on Trial by Paul Kens ISBN: 0700609199 Publisher: Univ Pr of Kansas Pub. Date: October, 1998 List Price(USD): $12.95 |
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Title: Constitutional Construction: Divided Powers and Constitutional Meaning by Keith E. Whittington ISBN: 067400583X Publisher: Harvard Univ Pr Pub. Date: May, 2001 List Price(USD): $26.50 |
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Title: The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence by Howard Gillman ISBN: 0822316420 Publisher: Duke Univ Pr (Txt) Pub. Date: April, 1995 List Price(USD): $21.95 |
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Title: The Lost World of Classical Legal Thought: Law and Ideology in America, 1886-1937 by William M. Wiecek ISBN: 0195147138 Publisher: Oxford Press Pub. Date: May, 2001 List Price(USD): $22.00 |
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