By Jeffrey D. Hockett, Richard E. Morgan (Editor), Gary J. Jacobsohn (Editor)
This well-researched and engrossing e-book illuminates the constitutional jurisprudence of President Franklin D. Roosevelt's so much striking appointees to the us splendid Court--Hugo L. Black, Felix Frankfurter, and Robert H. Jackson. New Deal Justice attracts widely upon the memoirs, writings, evaluations, and private papers of those justices but additionally employs the insights of contemporary works on American criminal, social, and political conception to dramatically adjust the theoretical lens by which prior students have analyzed their selection making. Hockett will pay specific awareness to Black's debatable constitutional absolutism, Frankfurter's notable deference to the selections of legislative and administrative our bodies, and Jackson's pragmatic use of the ability of judicial evaluation. the writer persuasively argues that the recent Deal courtroom used to be characterised by means of nearby, cultural, and ideological tensions that manifested within the social and political theories of those 3 justices. this can be very important examining for college students and students of constitutional judicial idea and the background of the U.S. ideally suited courtroom.
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Additional info for New Deal Justice: The Constitutional Jurisprudence of Hugo L. Black, Felix Frankfurter, and Robert H. Jackson (Studies in American Constitutionalism Series)
Black of Alabama to fill the seat that Willis Van Devanter vacated. The following year, when George Sutherland retired, the president appointed the solicitor general, Stanley F. Reed. In 1939, Roosevelt made two appointments: Felix Frankfurter of the Harvard Law School and William O. Douglas, chairman of the Securities and Exchange Commission. These men replaced the liberal justices, Benjamin Cardozo and Louis Brandeis. In the final year of his second term, Roosevelt achieved a judicial majority when he named his attorney general, Frank Murphy, to succeed Pierce Butler.
Urofsky, Felix Frankfurter: Judicial Restraint and Individual Liberties (Boston: Twayne Publishers, 1991), 14849. 25. Silverstein, Constitutional Faiths, 89. 26. Silverstein attempts to reconcile Frankfurter's rejection of the doctrine of judicial supremacy with the argument that the justice had great faith in judicial power See Constitutional Faiths, 14546, where he says Frankfurter believed that entrusting the Court with the primary responsibility of protecting rights "would severely restrict [its] flexibility...
Furthermore, he learned his law largely in the traditional manner, as an apprentice. ) In his professional life prior to governmental service, he exemplified the mainstay of the nineteenth-century legal community: the generalist country lawyer. From his traditional legal background, he acquired a fear of majority oppression and a belief that constitutional adjudication provides an essential limit on politics, for he read and embraced the works of nineteenth-century jurists who presented this argument for judicial supremacy.
New Deal Justice: The Constitutional Jurisprudence of Hugo L. Black, Felix Frankfurter, and Robert H. Jackson (Studies in American Constitutionalism Series) by Jeffrey D. Hockett, Richard E. Morgan (Editor), Gary J. Jacobsohn (Editor)