The History of the Supreme Court of the United States

Cover
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.
 

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Inhalt

AMERICAN PUBLIC LAw IN 1941
13
COURT
116
Berryman Black and Frankfurter J J
127
FREEDOM OF SPEECH IN THE STONE COURT
145
FREEDOM OF SPEECH IN THE VINSON COURT
183
THE FREE EXERCISE OF RELIGION
203
Justice Owen Roberts
219
THE ESTABLISHMENT OF RELIGION
250
I2 THE TRUMAN COURT
399
REASON
440
I4 THE PROBLEM OF INCORPORATION
464
PRISM OF THE VINSON
498
DENNIS V
535
I7 THE COLD WAR CASES
579
I8 CIVIL RIGHTS AND THE STONE COURT
621
I9 CIVIL RIGHTS AND THE VINSON COURT
658

TOTAL WAR AND THE CONSTITUTION
285
MILITARY COURTS AND TREASON
306
JAPANESE INTERNMENT
339
NATIONAL AUTHORITY DURING AND AFTER THE WAR
364
FIRST MONDAY 1953
707
Appendix
713
General Index
721
Urheberrecht

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Über den Autor (2006)

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.

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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