Chapter

The New Deal Revolution and the Reconstruction of Constitutional Law 1937–1949

in The Most Activist Supreme Court in History

Published by University of Chicago Press

Published in print October 2004 | ISBN: 9780226428840
Published online March 2013 | e-ISBN: 9780226428864 | DOI: http://dx.doi.org/10.7208/chicago/9780226428864.003.0002
The New Deal Revolution and the Reconstruction of Constitutional Law 1937–1949

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This chapter describes the new constitutional foundations marked out by three especially influential New Deal appointees, Felix Frankfurter, Harlan Fiske Stone, and Hugo Black. The justices faced a key choice point with a number of alternative visions of the judicial role available to them, during the immediate post-New Deal period. After the New Deal “switch in time,” Roosevelt sought to consolidate the new constitutional order by making a series of what Bruce Ackerman (1998) has called “transformative judicial appointments.” Though Black and Frankfurter would continue the First Amendment debate in the years to come, but their principal conflict during 1940 centered on whether the Court should apply the original Bill of Rights to the states.

Keywords: constitutional foundations; New Deal; Felix Frankfurter; Harlan Fiske Stone; Hugo Black

Chapter.  8842 words. 

Subjects: US Politics

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