An incisive look at the intellectual and cultural history of free enterprise and its influence on American politics Throughout the twentieth century, "free enterprise" has been a contested keyword in American politics, and the cornerstone of a conservative philosophy that seeks to limit government involvement into economic matters. Lawrence B. Glickman shows how the idea first gained traction in American discourse and was championed by opponents of the New Deal. Those politicians, believing free enterprise to be a fundamental American value, held it up as an antidote to a liberalism that they maintained would lead toward totalitarian statism. Tracing the use of the concept of free enterprise, Glickman shows how it has both constrained and transformed political dialogue. He presents a fascinating look into the complex history, and marketing, of an idea that forms the linchpin of the contemporary opposition to government regulation, taxation, and programs such as Medicare.
In this groundbreaking book on one of the world's greatest economic crises, Hacker and Pierson explain why the richest of the rich are getting richer while the rest of the world isn't.
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
Washington is big business. John B. Judis, a senior editor for the New Republic, onducts an instructive tour through this corridor of money and power in this work. Cutting to the heart of today's debate, it recommends what we can do to fix our broken system.
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
A startling and gripping reexamination of the Jim Crow era, as seen through the eyes of some of the most important American writers "Walker has opened up a fresh way of thinking about the intellectual history of the South during the civil-rights movement."—Robert Greene, The Nation In this dramatic reexamination of the Jim Crow South, Anders Walker demonstrates that racial segregation fostered not simply terror and violence, but also diversity, one of our most celebrated ideals. He investigates how prominent intellectuals like Robert Penn Warren, James Baldwin, Eudora Welty, Ralph Ellison, Flannery O’Connor, and Zora Neale Hurston found pluralism in Jim Crow, a legal system that created two worlds, each with its own institutions, traditions, even cultures. The intellectuals discussed in this book all agreed that black culture was resilient, creative, and profound, brutally honest in its assessment of American history. By contrast, James Baldwin likened white culture to a “burning house,” a frightening place that endorsed racism and violence to maintain dominance. Why should black Americans exchange their experience for that? Southern whites, meanwhile, saw themselves preserving a rich cultural landscape against the onslaught of mass culture and federal power, a project carried to the highest levels of American law by Supreme Court justice and Virginia native Lewis F. Powell, Jr. Anders Walker shows how a generation of scholars and judges has misinterpreted Powell’s definition of diversity in the landmark case Regents v. Bakke, forgetting its Southern origins and weakening it in the process. By resituating the decision in the context of Southern intellectual history, Walker places diversity on a new footing, independent of affirmative action but also free from the constraints currently placed on it by the Supreme Court. With great clarity and insight, he offers a new lens through which to understand the history of civil rights in the United States.
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
In this illuminating work, Ronald J. Mann offers readers a comprehensive study of bankruptcy cases in the Supreme Court of the United States. He provides detailed case studies based on the Justices' private papers on the most closely divided cases, statistical analysis of variation among the Justices in their votes for and against effective bankruptcy relief, and new information about the appearance in opinions of citations taken from party and amici briefs. By focusing on cases that have neither a clear answer under the statute nor important policy constraints, the book unveils the decision-making process of the Justices themselves - what they do when they are left to their own devices. It should be read by anyone interested not only in the jurisprudence of bankruptcy, but also in the inner workings of the Supreme Court.