A Muted Fury ：Populists, Progressives, and Labor Unions Confront the Courts, 1890-1937 ( Princeton Legacy Library )

Publication subTitle ：Populists, Progressives, and Labor Unions Confront the Courts, 1890-1937

Publication series ：Princeton Legacy Library

Author： Ross William G.;;;  

Publisher： Princeton University Press‎

Publication year： 2014

E-ISBN: 9781400863570

P-ISBN(Paperback): 9780691032641

Subject： D9 Law;D909.9 法制史

Keyword： 法律

Language： ENG

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Description

For half a century before 1937, populists, progressives, and labor leaders complained bitterly that a "judicial oligarchy" impeded social and economic reform by imposing crippling restraints on trade unions and nullifying legislation that regulated business corporations. A Muted Fury, the first study of this neglected chapter in American political and legal history, explains the origins of hostility toward the courts during the Progressive Era, examines in detail the many measures that antagonists of the judiciary proposed for the curtailment of judicial power, and evaluates the successes and failures of the anti-court movements.

Tapping a broad array of sources, including popular literature and unpublished manuscripts, William Ross demonstrates that this widespread fury against the judiciary was muted by many factors, including respect for judicial power, internal divisions among the judiciary's critics, institutional obstacles to reform, and the judiciary's own willingness to mitigate its hostility toward progressive legislation and labor. Ross argues that persistent criticism of the courts influenced judicial behavior, even though the antagonists of the courts failed in their many efforts to curb judicial power. The book's interdisciplinary exploration of the complex interactions among politics, public opinion, judicial decision-making, the legislative process, and the activities of organized interest groups provides fresh insights into the perennial contr

Chapter

Cover

Cover

Cover

Contents

Contents

Contents

Acknowledgments

Acknowledgments

Acknowledgments

Introduction

Introduction

Introduction

1 The Seeds of Discord

1 The Seeds of Discord

1 The Seeds of Discord

2 Challenges to Constitutional Orthodoxy

2 Challenges to Constitutional Orthodoxy

2 Challenges to Constitutional Orthodoxy

3 Meliorative Measures

3 Meliorative Measures

3 Meliorative Measures

4 Reconstructing the Bench

4 Reconstructing the Bench

4 Reconstructing the Bench

5 The Judicial Recall Movement

5 The Judicial Recall Movement

5 The Judicial Recall Movement

6 Theodore Roosevelt and the Judicial Referendum

6 Theodore Roosevelt and the Judicial Referendum

6 Theodore Roosevelt and the Judicial Referendum

7 Ebb and Flow, 1913-1921

7 Ebb and Flow, 1913-1921

7 Ebb and Flow, 1913-1921

8 The Taft Court and the Return of "Normalcy"

8 The Taft Court and the Return of "Normalcy"

8 The Taft Court and the Return of "Normalcy"

9 The La Follette Proposal

9 The La Follette Proposal

9 The La Follette Proposal

10 The Borah Proposal

10 The Borah Proposal

10 The Borah Proposal

11 The Supreme Court Calms the Tempest

11 The Supreme Court Calms the Tempest

11 The Supreme Court Calms the Tempest

12 The Judicial Issue in the 1924 Election

12 The Judicial Issue in the 1924 Election

12 The Judicial Issue in the 1924 Election

13 Final Conflicts, 1925-1937

13 Final Conflicts, 1925-1937

13 Final Conflicts, 1925-1937

Conclusion

Conclusion

Conclusion

Index

Index

Index

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