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Charles Evans Hughes and the Strange Death of Liberal America


“Liberalism! Not in all history has a word been so wrenched away from its true meaning and dragged through the gutter of defilement,” the Wilsonian Progressive George Creel protested angrily in a memoir of 1947: “Where it once stood for the dignity of man, … it now stands for the obliteration of individualism at the lands of a ruthless, all-powerful state.” For nearly fifty years, most scholars have given little heed to the rage vented by Creel and other critics of New Deal “liberalism.” Amidst the expansion of the American welfare state, the outlook and ideas of the anti-New Dealers seemed at best naively outdated and at worst positively pernicious. History—in the form of an increasingly massive, paternalist, neo-mercantilist, bureaucratic state—seemed to be firmly on the side of those who advocated the expansion of federal authority over more aspects of American life.

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Barry Cushman , “Rethinking the New Deal Court,” Virginia Law Review 80 (1994): 201–61

Richard Friedman , “Switching Time and Other Thought Experiments: The Hughes Court and Constitutional Transformation,” University of Pennsylvania Law Review 142 (1994): 18911984

Paul A. Freund , “Charles Evans Hughes as Chief Justice,” Harvard Law Review 81 (1967): 38

Edwin McElwain , “The Business of the Supreme Court as Conducted by C. J. Hughes,” Harvard Law Review 63 (1949): 89

Lawrence M. Friedman and Jack Ladinsky , “Social Change and the Law of Industrial Accidents,” Columbia Law Review 67 (1967): 5082

Edward S. Corwin , “Social Insurance and Constitutional Limitation,” Yale Law Journal 26 (1917), 431–43

David P. Currie , “The Constitution in the Supreme Court: 1910–1921,” Duke Law Journal (1985): 1111–62.

Liberty of Contract,” Yale Law Journal 18 (1909): 454

The Scope and Purpose of Sociological Jurisprudence,” Harvard Law Review 24 (1911): 591619, and 25 (1912): 140–68, 489–516

Edward David , “The New Liberalism of C. F. G. Masterman,” in Essays in Anti-Labour History, ed. Kenneth D. Brown (Hamden, Conn.: Archon Books, 1974), 1741

Michael Freeden , Liberalism Divided: A Study in British Political Thought, 1914–1939 (Oxford: Oxford University Press, 1986

Arthur M. Allen , “The Opinions of Mr. Justice Hughes,” Columbia Law Review 16 (1916): 565–84.

Louis Lusky , “Footnote Redux: A Carolene Products Reminiscence,” Columbia Law Review 82 (1982): 1093, 1096–99.

Lewis F. Powell Jr, “Carolene Products Revisited,” Columbia Law Review 82 (1982): 1087, 1090

Pound , “Justice According to Law,” Columbia Law Review 13 (1913): 20, 44, 30.

Leuchtenburg , “When the People Spoke, What Did They Say?: The Election of 1936 and the Ackerman Thesis,” Yale Law Journal 108 (1999): 2077.

Ackerman , “Constitutional Politics/Constitutional Law,” Yale Law Journal 99 (1989): 453512

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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