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The History of the Supreme Court of the United States

Volume 12. The Birth of the Modern Constitution: The United States Supreme Court, 1941–1953


Part of Oliver Wendell Holmes Devise History of the Supreme Court of the United States

  • Date Published: March 2006
  • availability: Available
  • format: Hardback
  • isbn: 9780521848206

£ 103.00

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About the Authors
  • The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941–1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.

    • A book about American constitutional law in its transition from the anti-regulatory legal regime that prevailed until 1937 and the modern liberal state
    • A long and comprehensive survey of constitutional questions through the World War II and Cold War periods
    • Written to make legal and constitutional questions accessible to lay people
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    Product details

    • Date Published: March 2006
    • format: Hardback
    • isbn: 9780521848206
    • length: 752 pages
    • dimensions: 241 x 161 x 44 mm
    • weight: 1.164kg
    • contains: 32 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. The Roosevelt Court:
    1. American Public Law in 1941
    2. A new Court
    3. Carolene Products (1938): prism of the Stone Court
    Part II. First Amendment Freedoms:
    4. Freedom of speech in the Stone Court
    5. Freedom of speech in the Vinson Court
    6. The free exercise of religion
    7. The establishment of religion
    Part III. World War Two and the Constitution:
    8. Total war and the constitution
    9. Military courts and treason
    10. Silent Leges: Japanese internment
    11. National authority during and after the war
    Part IV. The Truman Court:
    12. The Truman Court
    13. American jurisprudence after the war: 'reason called law'
    14. The problem of incorporation
    15. Adamson v. California (1947): prism of the Vinson Court
    Part V. The Cold War:
    16. Anticommunism and the Cold War: Dennis v. United States
    17. The Cold War cases
    Part VI. Civil Rights:
    18. Civil Rights and the Stone Court
    19. Civil Rights and the Vinson Court.

  • Author

    William M. Wiecek, Syracuse University, New York
    William M. Wiecek is a Professor of Law and Professor of History at Syracuse University, where he has been teaching since 1985. He holds a Ph.D. degree from the University of Wisconsin, Madison, and an LL.B from Harvard University. He is the author or co-author of numerous books, including most recently, The Lost World of Classical Legal Thought: Law and Ideology in America, 1886–1937 (Oxford University Press, 1998), The Oxford Companion to the Supreme Court of the United States (Oxford University Press, 1992), and American Legal History: Cases and Materials, 2nd ed. (Oxford University Press, 1996). He has published articles in such journals as the Supreme Court Review, the Journal of Supreme Court History, Rutgers Law Journal, Cardozo Law Review, the American Journal of Legal History, and the Journal of American History.

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