The Judicial Response to the New Deal: The U.S. Supreme Court and Economic Regulation, 1934-1936.

1993 ◽  
Vol 79 (4) ◽  
pp. 1661
Author(s):  
Michael Conant ◽  
Richard A. Maidment
Author(s):  
Anna Siomopoulos

This chapter analyses how Hollywood focused on recognizable and venerable architectural representations of federal institutions to symbolise the new relationship that had developed between the citizenry and the national government under the aegis of the New Deal. Through case studies of three films respectively featuring the executive, legislative and judicial edifices of the national state – Gabriel over the White House (1933), Mr Smith Goes to Washington (1939), and The Talk of the Town (1942) – become sites of masculine transformations, as the three male protagonists each experience private revelations that help them take on new roles as president, senator and Supreme Court Justice respectively. Though each contains a romantic sub-plot, none of the movies ends with the expected scene of romantic coupling whose trajectory was established in the early scenes. Accordingly the male leads become defined less by private heterosexuality than by public involvement in the Roosveltian state.


2002 ◽  
Vol 96 (4) ◽  
pp. 819-820
Author(s):  
Nicol C. Rae

The rise of partisanship in Congress has been one of the most conspicuous features of American politics during the 1990s. David Rohde's (1991) Parties and Leaders in the PostReform House demonstrated that much of this rise in partisanship could be attributed to the convergence in congressional voting between Northern and Southern Democrats. Since the New Deal, the latter had traditionally allied with Republicans on many issues in a bipartisan conservative coalition that generally dominated both Houses of Congress and constrained liberal legislative outcomes. While Rohde and Barbara Sinclair (Legislators, Leaders and Lawmaking, 1995) have emphasized how institutional rule changes in the 1970s created a much greater incentive for party loyalty among member of Congress, relatively little attention has been paid to the extent to which enhanced partisanship in Congress has been driven by “bottom-up” electoral imperatives. Stanley Berard's new book on Southern Democrats in the House convincingly shows that major changes in the southern electoral environment were equally important in promoting convergence in the voting records of Northern and Southern Democrats, leading to a more partisan House overall.


2001 ◽  
Vol 95 (4) ◽  
pp. 953-962 ◽  
Author(s):  
Michael F. Meffert ◽  
Helmut Norpoth ◽  
Anirudh V. S. Ruhil

Aggregate party identification (macropartisanship) has exhibited substantial movement in the U.S. electorate over the last half century. We contend that a major key to that movement is a rare, massive, and enduring shift of the electoral equilibrium commonly known as a partisan realignment. The research, which is based on time-series data that employ the classic measurement of party identification, shows that the 1980 election triggered a systematic growth of Republican identification that cut deeply into the overwhelming Democratic lead dating back to the New Deal realignment. Although short-term fluctuations in macropartisanship are responsive to the elements of everyday politics, neither presidential approval nor consumer sentiment is found responsible for the 1980 shift.


Author(s):  
Randy E. Barnett

This chapter examines the revival of the presumption of constitutionality and its almost immediate qualification in the form of Footnote Four, which it argues is inconsistent with the Ninth Amendment. The era in which the Supreme Court attempted to scrutinize the necessity and propriety of state and federal restrictions on liberty came to a close as the perceived legitimacy of legislative activism continued to grow. The doctrinal vehicle used by the New Deal Court to overturn the Progressive Era precedents was the adoption of a presumption of constitutionality. The chapter first provides an overview of Footnote Four before discussing the Ninth Amendment, which mandates that unenumerated rights be treated the same as those that are listed. It shows that Footnote Four runs afoul of the text of the Constitution, and more specifically the Ninth Amendment.


Author(s):  
Robyn Muncy

This chapter details events in Josephine Roche's life from 1933 to 1934. Roche's experience at Rocky Mountain Fuel primed her for the New Deal. As Franklin Roosevelt's administration began to grapple in 1933 with the devastation caused by the Great Depression, Roche was asked to serve in several capacities. Early on, the most important was in the National Recovery Administration, an attempt to stabilize the U.S. economy through industry-wide economic planning. Shortly after that, Roche broke through yet another gender barrier by running for governor of Colorado. She took this bold step because the sitting state executive refused to cooperate with the relief programs of the New Deal, and Roche wanted Colorado effectively linked with the national government. She did not succeed, but her gubernatorial bid was nevertheless significant. It demonstrated both the centralizing force that Washington exerted through the New Deal and some of the bases for resistance. It also drew a direct line between progressivism in the early twentieth century and progressivism in the New Deal, highlighting a range of tactics for diminishing inequality that New Dealers brought straight from the Progressive Era into the 1930s.


2006 ◽  
Vol 24 (1) ◽  
pp. 173-178 ◽  
Author(s):  
Daniel T. Rodgers

Charles Evans Hughes's career ran along the fault lines of most of the major political events of his lifetime. Muckraking catapulted him to fame. He governed New York during four key years of the Progressive era as an effective administrator and earnest reformer. He stayed with the Republican Party when the Progressives bolted in 1912. He ran for the presidency in 1916 but missed the prize, albeit by a narrower electoral college margin than any other contender until the very end of the century. He was instrumental in negotiating the international naval disarmament accords of 1921–22, landmarks of progressive internationalism in their day that fell under sharp criticism a decade later. He presided over the U.S. Supreme Court during the key years of the New Deal, though in most histories of the 1930s Court he comes across as something of an also-ran behind its more memorable shapers: Brandeis, Cardozo, Sutherland, Black, even Roberts. Hard to pin to any achievement or distinct idea, slipping in and out of the dramatic movements of his day, he was the kind of man who makes history but easily falls out of the history books.


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