The Constitution and the American Presidency

The Constitution and the American Presidency PDF

Author: Martin L. Fausold

Publisher: SUNY Press

Published: 1991-01-01

Total Pages: 360

ISBN-13: 9780791404676

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In this unusual and provocative volume, historians examine the presidencies of Jefferson, Jackson, Lincoln, Theodore Roosevelt, F. D. R., and Truman, while political scientists assess the contemporary presidency and suggest a range of reforms, from modest to radical, including fundamental alterations to the balance of power between the presidency and the Congress.

The Press in Times of Crisis

The Press in Times of Crisis PDF

Author: Lloyd E. Chiasson

Publisher: Bloomsbury Publishing USA

Published: 1995-09-30

Total Pages: 270

ISBN-13: 0313389217

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Throughout American history, the press has been incredibly adept at making the public aware. The history of the press in crisis situations is in many ways the story of public attitudes and the story of America. This book looks at the press over time and the way it has functioned in times of crisis. It considers press coverage of 13 events, spanning a time frame that includes the birth of the nation, its political, economic, and social struggles as a young country, and its civil war. It tells how a young agrarian society grew into an industrial giant, and how it changed from isolationist to a world power. It relates how this country coped with the growth of socialism, two world wars, civil unrest, and with the problem of world overpopulation. The American press has performed various functions throughout the years. The Colonial Press served as a vehicle of discussion, debate, and finally agitation and, in the process, may have defined itself and laid a groundwork for the press's future roles. The press has agitated, advocated, and persuaded. It has been duped, it has been unfair, and it has misled. This volume considers such concepts as advocacy journalism, a central theme of the chapters on abolitionists and David Duke, and social responsibility, a primary part of the chapter on Japanese-American internment. The press's attempt to lead public opinion is the focus of the chapters on the partisan press, the antebellum period, and the first Red Scare in 1919. The chapter on Joseph McCarthy looks at the concepts of objectivity and the use and misuse of pseudo news. The final chapter, on overpopulation, deals extensively with agenda setting.

Vagrant Nation

Vagrant Nation PDF

Author: Risa Goluboff

Publisher: Oxford University Press

Published: 2016-01-25

Total Pages: 336

ISBN-13: 0190262273

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In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-served not only to maintain safety and order but also to enforce conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff answers that question by showing how constitutional challenges to vagrancy laws shaped the multiple movements that made "the 1960s." Vagrancy laws were so broad and flexible that they made it possible for the police to arrest anyone out of place: Beats and hippies; Communists and Vietnam War protestors; racial minorities and civil rights activists; gays, single women, and prostitutes. As hundreds of these "vagrants" and their lawyers challenged vagrancy laws in court, the laws became a flashpoint for debates about radically different visions of order and freedom. Goluboff's compelling account of those challenges rewrites the history of the civil rights, peace, gay rights, welfare rights, sexual, and cultural revolutions. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. The Supreme Court's 1972 decision declaring vagrancy laws unconstitutional continues to shape conflicts between police power and constitutional rights, including clashes over stop-and-frisk, homelessness, sexual freedom, and public protests. Since the downfall of vagrancy law, battles over what, if anything, should replace it, like battles over the legacy of the sixties transformations themselves, are far from over.

Brandeis and the Progressive Constitution

Brandeis and the Progressive Constitution PDF

Author: Edward A. Purcell

Publisher: Yale University Press

Published: 2000-02-09

Total Pages: 446

ISBN-13: 9780300078046

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During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views. Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.

Rethinking the New Deal Court

Rethinking the New Deal Court PDF

Author: Barry Cushman

Publisher: Oxford University Press

Published: 1998-02-26

Total Pages: 333

ISBN-13: 019535401X

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Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.

The Great Rent Wars

The Great Rent Wars PDF

Author: Robert M. Fogelson

Publisher: Yale University Press

Published: 2013-10-15

Total Pages: 523

ISBN-13: 0300205589

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Written by one of the country's foremost urban historians, "The Great Rent Wars" tells the fascinating but little-known story of the battles between landlords and tenants in the nation's largest city from 1917 through 1929. These conflicts were triggered by the post-war housing shortage, which prompted landlords to raise rents, drove tenants to go on rent strikes, and spurred the state legislature, a conservative body dominated by upstate Republicans, to impose rent control in New York, a radical and unprecedented step that transformed landlord-tenant relations. "The Great Rent Wars" traces the tumultuous history of rent control in New York from its inception to its expiration as it unfolded in New York, Albany, and Washington, D.C. At the heart of this story are such memorable figures as Al Smith, Fiorello H. La Guardia, and Oliver Wendell Holmes, as well as a host of tenants, landlords, judges, and politicians who have long been forgotten. Fogelson also explores the heated debates over landlord-tenant law, housing policy, and other issues that are as controversial today as they were a century ago.

Rethinking Constitutional Law

Rethinking Constitutional Law PDF

Author: Earl M. Maltz

Publisher:

Published: 1994

Total Pages: 168

ISBN-13:

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Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.

Reader's Guide to American History

Reader's Guide to American History PDF

Author: Peter J. Parish

Publisher: Routledge

Published: 2013-06-17

Total Pages: 930

ISBN-13: 1134261896

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There are so many books on so many aspects of the history of the United States, offering such a wide variety of interpretations, that students, teachers, scholars, and librarians often need help and advice on how to find what they want. The Reader's Guide to American History is designed to meet that need by adopting a new and constructive approach to the appreciation of this rich historiography. Each of the 600 entries on topics in political, social and economic history describes and evaluates some 6 to 12 books on the topic, providing guidance to the reader on everything from broad surveys and interpretive works to specialized monographs. The entries are devoted to events and individuals, as well as broader themes, and are written by a team of well over 200 contributors, all scholars of American history.

Franklin Roosevelt and the Great Constitutional War

Franklin Roosevelt and the Great Constitutional War PDF

Author: Marian Cecilia McKenna

Publisher: Fordham Univ Press

Published: 2002

Total Pages: 654

ISBN-13: 9780823221547

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This important book is a detailed reinterpretation of one of the most explosive events in modern American politics - Franklin Roosevelt's controversial attempt in 1937 to "pack" the Supreme Court by adding justices who supported his New Deal policies. McKenna traces in unprecedented detail theorigins of FDR's plan, its secret history, and the President's final failure. Drawing on a remarkable range of sources McKenna provides the definitive account of a turning point in American political and legal history.