A Muted Fury
A Muted Fury

Author: William G. Ross

Publisher: Princeton University Press

Published: 2014-07-14

Total Pages: 352

ISBN-13: 1400863570

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For half a century before 1937, populists, progressives, and labor leaders complained bitterly that a "judicial oligarchy" impeded social and economic reform by imposing crippling restraints on trade unions and nullifying legislation that regulated business corporations. A Muted Fury, the first study of this neglected chapter in American political and legal history, explains the origins of hostility toward the courts during the Progressive Era, examines in detail the many measures that antagonists of the judiciary proposed for the curtailment of judicial power, and evaluates the successes and failures of the anti-court movements. Tapping a broad array of sources, including popular literature and unpublished manuscripts, William Ross demonstrates that this widespread fury against the judiciary was muted by many factors, including respect for judicial power, internal divisions among the judiciary's critics, institutional obstacles to reform, and the judiciary's own willingness to mitigate its hostility toward progressive legislation and labor. Ross argues that persistent criticism of the courts influenced judicial behavior, even though the antagonists of the courts failed in their many efforts to curb judicial power. The book's interdisciplinary exploration of the complex interactions among politics, public opinion, judicial decision-making, the legislative process, and the activities of organized interest groups provides fresh insights into the perennial controversy over the scope of judicial power in America. Originally published in 1994. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Without Fear or Favor
Without Fear or Favor

Author: G. Alan Tarr

Publisher: Stanford University Press

Published: 2012-09-19

Total Pages: 280

ISBN-13: 0804783500

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The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.

American Constitutionalism
American Constitutionalism

Author: Stephen M. Griffin

Publisher: Princeton University Press

Published: 1998-07-27

Total Pages: 229

ISBN-13: 1400822122

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Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.

Discretionary Justice
Discretionary Justice

Author: Carolyn Strange

Publisher: NYU Press

Published: 2016-12-20

Total Pages: 333

ISBN-13: 1479810908

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The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.

Poor Man's Fortune
Poor Man's Fortune

Author: Jarod Roll

Publisher: UNC Press Books

Published: 2020-04-08

Total Pages: 357

ISBN-13: 1469656302

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White working-class conservatives have played a decisive role in American history, particularly in their opposition to social justice movements, radical critiques of capitalism, and government help for the poor and sick. While this pattern is largely seen as a post-1960s development, Poor Man's Fortune tells a different story, excavating the long history of white working-class conservatism in the century from the Civil War to World War II. With a close study of metal miners in the Tri-State district of Kansas, Missouri, and Oklahoma, Jarod Roll reveals why successive generations of white, native-born men willingly and repeatedly opposed labor unions and government-led health and safety reforms, even during the New Deal. With painstaking research, Roll shows how the miners' choices reflected a deep-seated, durable belief that hard-working American white men could prosper under capitalism, and exposes the grim costs of this view for these men and their communities, for organized labor, and for political movements seeking a more just and secure society. Roll's story shows how American inequalities are in part the result of a white working-class conservative tradition driven by grassroots assertions of racial, gendered, and national privilege.

Workers' Paradox
Workers' Paradox

Author: Ruth O'Brien

Publisher: Univ of North Carolina Press

Published: 1998

Total Pages: 340

ISBN-13: 9780807847374

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Reinterpreting the roots of twentieth-century American labor law and politics, Ruth O'Brien argues that it was not New Deal Democrats but rather Republicans of an earlier era who developed the fundamental principles underlying modern labor policy. By exam

The Chief Justiceship of Charles Evans Hughes, 1930-1941
The Chief Justiceship of Charles Evans Hughes, 1930-1941

Author: William G. Ross

Publisher: Univ of South Carolina Press

Published: 2007

Total Pages: 316

ISBN-13: 9781570036798

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During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how the Hughes Court removed constitutional impediments to the development of the administrative state by relaxing restrictions previously invoked to nullify federal and state economic regulatory legislation. Ross maps the expansion of safeguards for freedoms of speech, press, and religion and the extension of rights of criminal defendants and racial minorities. of African Americans helped to lay the legal foundations for the civil rights movement. Throughout his study Ross emphasizes how Chief Justice Hughes' brilliant administrative abilities and political acumen helped to preserve the Court's power and prestige during a period when the body's rulings were viewed as intensely controversial. Ross concludes that on balance the Hughes Court's decisions were more evolutionary than revolutionary but that the court also reflected the influence of the social changes of the era, especially after the appointment of justices who espoused the New Deal values of President Franklin Delano Roosevelt.

Single Markets
Single Markets

Author: Michelle Egan

Publisher: OUP Oxford

Published: 2015-01-22

Total Pages: 300

ISBN-13: 0191045705

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This timely book provides in-depth analytical comparison of the nineteenth century evolution of the American single market with corresponding political, economic, and social developments in post-WWII European efforts to create a single European market. Building the regulatory framework needed for successful adoption of an integrated single market across diverse political units represents one of the most important issues in comparative political economy. What accounts for the political success or failure in creating integrated markets in their respective territories? When social discontent threatens market integration with populist backlash, what must be done to create political support and greater legitimacy? Single Markets focuses on the creation of integrated economies, in which the United States and European Union experienced sharply contested ideas about the operation of their respective markets, conflict over the allocation of institutional authority, and pressure from competing political, economic, and social forces over the role and consequences of increased competition. Drawing upon four case studies, the book highlights the contestation surrounding the US and EUs efforts to create common currencies, expand their borders and territories, and deal with the pressures of populist parties, regional interests and varied fiscal and economic challenges. Theoretically, the book draws on work in European integration and American Political Development (APD) to illustrate that the consolidation of markets in the US and EU took place in conjunction with the expansion of state regulatory power and pressure for democratic reform. Single Markets situates the consolidation of single markets in the US and EU in a broader comparative context that draws on research in economics, public administration, political science, law, and history.

Henry George and the Crisis of Inequality
Henry George and the Crisis of Inequality

Author: Edward O'Donnell

Publisher: Columbia University Press

Published: 2015-06-09

Total Pages: 377

ISBN-13: 0231539266

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America's remarkable explosion of industrial output and national wealth at the end of the nineteenth century was matched by a troubling rise in poverty and worker unrest. As politicians and intellectuals fought over the causes of this crisis, Henry George (1839–1897) published a radical critique of laissez-faire capitalism and its threat to the nation's republican traditions. Progress and Poverty (1879), which became a surprise best-seller, offered a provocative solution for preserving these traditions while preventing the amassing of wealth in the hands of the few: a single tax on land values. George's writings and years of social activism almost won him the mayor's seat in New York City in 1886. Though he lost the election, his ideas proved instrumental to shaping a popular progressivism that remains essential to tackling inequality today. Edward T. O'Donnell's exploration of George's life and times merges labor, ethnic, intellectual, and political history to illuminate the early militant labor movement in New York during the Gilded Age. He locates in George's rise to prominence the beginning of a larger effort by American workers to regain control of the workplace and obtain economic security and opportunity. The Gilded Age was the first but by no means the last era in which Americans confronted the mixed outcomes of modern capitalism. George's accessible, forward-thinking ideas on democracy, equality, and freedom have tremendous value for contemporary debates over the future of unions, corporate power, Wall Street recklessness, government regulation, and political polarization.

The Supermajority
The Supermajority

Author: Michael Waldman

Publisher: Simon and Schuster

Published: 2023-06-06

Total Pages: 400

ISBN-13: 1668006065

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"In The Supermajority, Michael Waldman explores the tumultuous 2021--2022 Supreme Court term. He draws deeply on history to examine other times the Court veered from the popular will, provoking controversy and backlash. And he analyzes the most important new rulings and their implications for the law and for American society. Waldman asks: What can we do when the Supreme Court challenges the country? Over three days in June 2022, the conservative supermajority overturned the constitutional right to abortion, possibly opening the door to reconsider other major privacy rights, as Justice Clarence Thomas urged. The Court sharply limited the authority of the EPA, reducing the prospects for combatting climate change. It radically loosened curbs on guns amid an epidemic of mass shootings. It fully embraced legal theories such as "originalism" that will affect thousands of cases throughout the country. These major decisions--and the next wave to come--will have enormous ramifications for every American. It was the most turbulent term in memory--with the leak of the opinion overturning Roe v. Wade, the first Black woman justice sworn in, and the justices turning on each other in public, Waldman previews the 2022-2023 term and how the brewing fights over the Supreme Court and its role that already have begun to reshape politics." --