Supreme Power Franklin Roosevelt Vs The Supreme Court
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Supreme Power: Franklin Roosevelt vs. the Supreme Court by Jeff Shesol Pdf
"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.
Author : James F. Simon Publisher : Simon and Schuster Page : 482 pages File Size : 46,6 Mb Release : 2012-02-07 Category : History ISBN : 9781416578895
FDR and Chief Justice Hughes by James F. Simon Pdf
By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century. The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation. Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.
Franklin Roosevelt and the Great Constitutional War by Marian Cecilia McKenna Pdf
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.
Author : Jeff Shesol Publisher : W. W. Norton & Company Page : 624 pages File Size : 41,6 Mb Release : 1998-10-17 Category : History ISBN : 9780393345971
Mutual Contempt: Lyndon Johnson, Robert Kennedy, and the Feud that Defined a Decade by Jeff Shesol Pdf
"Mutual Contempt is at once a fascinating study in character and an illuminating meditation on the role character can play in shaping history."—Michiko Kakutani, New York Times Lyndon Johnson and Robert Kennedy loathed each other. Their antagonism, propelled by clashing personalities, contrasting views, and a deep, abiding animosity, would drive them to a bitterness so deep that even civil conversation was often impossible. Played out against the backdrop of the turbulent 1960s, theirs was a monumental political battle that would shape federal policy, fracture the Democratic party, and have a lasting effect on the politics of our times. Drawing on previously unexamined recordings and documents, as well as memoirs, biographies, and scores of personal interviews, Jeff Shesol weaves the threads of this epic story into a compelling narrative that reflects the impact of LBJ and RFK's tumultuous relationship on politics, civil rights, the war on poverty, and the war in Vietnam. As Publishers Weekly noted, "This is indispensable reading for both experts on the period and newcomers to the history of that decade." "An exhaustive and fascinating history. . . . Shesol's grasp of the era's history is sure, his tale often entertaining, and his research awesome."—Russell Baker, New York Review of Books "Thorough, provocative. . . . The story assumes the dimensions of a great drama played out on a stage too vast to comprehend."—Jonathan Yardley, Washington Post (1997 Critic's Choice) "This is the most gripping political book of recent years."—Arthur Schlesinger, Jr. A New York Times Notable Book of the Year
From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.
A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpians tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.
The Supreme Court and the American Elite, 1789-2008 by Lucas A. Powe, Jr.,L. A. Scot Powe Pdf
In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.
The former Supreme Court justice shares stories about the history and evolution of the Supreme Court that traces the roles of key contributors while sharing the events behind important transformations.
The Warren Court of the 1950s and 1960s was the most liberal in American history. Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era. In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released--and consistently entertaining--recordings of Lyndon Johnson's and Richard Nixon's telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles--between the executive, legislative, and judicial branches--that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's decisions generally reflected public opinion, the surrounding debate calcified the image of the Warren Court as activist and liberal. Abe Fortas's embarrassing fall and Nixon's campaign against liberal justices helped make the term "activist Warren Court" totemic for liberals and conservatives alike. The fear of a liberal court has changed the appointment process forever, Kalman argues. Drawing from sources in the Ford, Reagan, Bush I, and Clinton presidential libraries, as well as the justices' papers, she shows how the desire to avoid another Warren Court has politicized appointments by an order of magnitude. Among other things, presidents now almost never nominate politicians as Supreme Court justices (another response to Warren, who had been the governor of California). Sophisticated, lively, and attuned to the ironies of history, The Long Reach of the Sixties is essential reading for all students of the modern Court and U.S. political history.
The fascinating, behind-the-scenes story of Franklin Roosevelt's attempt to pack the Supreme Court has special resonance today as we debate the limits of presidential authority. The Supreme Court has generated many dramatic stories, none more so than the one that began on February 5, 1937. Franklin Delano Roosevelt, confident in his recent landslide reelection and frustrated by a Court that had overturned much of his New Deal legislation, stunned Congress and the American people with his announced intention to add six new justices. Even though the now-famous "court packing" scheme divided his own party, almost everyone assumed FDR would get his way and reverse the Court's conservative stance and long-standing laissez-faire support of corporate America, so persuasive and powerful had he become. I n the end, however, a Supreme Court justice, Owen Roberts, who cast off precedent in the interests of principle, and a Democratic senator from Montana, Burton K. Wheeler, led an effort that turned an apparently unstoppable proposal into a humiliating rejection—and preserved the Constitution. FDR v. Constitution is the colorful story behind 168 days that riveted—and reshaped—the nation. Burt Solomon skillfully recounts the major New Deal initiatives of FDR's first term and the rulings that overturned them, chronicling as well the politics and personalities on the Supreme Court—from the brilliant octogenarian Louis Brandeis, to the politically minded chief justice, Charles Evans Hughes, to the mercurial Roberts, whose "switch in time saved nine." T he ebb and flow of one of the momentous set pieces in American history placed the inner workings of the nation's capital on full view as the three branches of our government squared off. Ironically for FDR, the Court that emerged from this struggle shifted on its own to a liberal attitude, where it would largely remain for another seven decades. Placing the greatest miscalculation of FDR's career in context past and present, Solomon offers a reminder of the perennial temptation toward an imperial presidency that the founders had always feared.
The Forgotten Memoir of John Knox by John Knox Pdf
"My name will survive as long as man survives, because I am writing the greatest diary that has ever been written. I intend to surpass Pepys as a diarist." When John Frush Knox (1907-1997) wrote these words, he was in the middle of law school, and his attempt at surpassing Pepys—part scrapbook, part social commentary, and part recollection—had already reached 750 pages. His efforts as a chronicler might have landed in a family attic had he not secured an eminent position after graduation as law clerk to Justice James C. McReynolds—arguably one of the most disagreeable justices to sit on the Supreme Court—during the tumultuous year when President Franklin D. Roosevelt tried to "pack" the Court with justices who would approve his New Deal agenda. Knox's memoir instead emerges as a record of one of the most fascinating periods in American history. The Forgotten Memoir of John Knox—edited by Dennis J. Hutchinson and David J. Garrow—offers a candid, at times naïve, insider's view of the showdown between Roosevelt and the Court that took place in 1937. At the same time, it marvelously portrays a Washington culture now long gone. Although the new Supreme Court building had been open for a year by the time Knox joined McReynolds' staff, most of the justices continued to work from their homes, each supported by a small staff. Knox, the epitome of the overzealous and officious young man, after landing what he believes to be a dream position, continually fears for his job under the notoriously rude (and nakedly racist) justice. But he soon develops close relationships with the justice's two black servants: Harry Parker, the messenger who does "everything but breathe" for the justice, and Mary Diggs, the maid and cook. Together, they plot and sidestep around their employer's idiosyncrasies to keep the household running while history is made in the Court. A substantial foreword by Dennis Hutchinson and David Garrow sets the stage, and a gallery of period photos of Knox, McReynolds, and other figures of the time gives life to this engaging account, which like no other recaptures life in Washington, D.C., when it was still a genteel southern town.
“Meticulously researched and engagingly written . . . a comprehensive indictment of the court’s rulings in areas ranging from campaign finance and voting rights to poverty law and criminal justice.” —Financial Times A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.