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Look Inside The History of the Supreme Court of the United States

The History of the Supreme Court of the United States

Volume 12. The Birth of the Modern Constitution: The United States Supreme Court, 1941–1953

$179.00 (R)

Part of Oliver Wendell Holmes Devise History of the Supreme Court of the United States

  • Date Published: January 2006
  • availability: Available
  • format: Hardback
  • isbn: 9780521848206

$ 179.00 (R)

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About the Authors
  • 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 war and early Cold War years of the Court in reality marked the birth of the constitutional order that dominated American public law in the later twentieth century. That legal outlook emphasized judicial concern for civil rights, civil liberties, and reaction to the emergent national security state. This book recounts the history of United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution that occurred in the 1930s and Warren-Court judicial activism in the 1950s.

    • A book about American constitutional law in its transition from the anti-regulatory legal regime that prevailed until 1937 and the modern liberal state
    • A long and comprehensive survey of constitutional questions through the World War II and Cold War periods
    • Written to make legal and constitutional questions accessible to lay people
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    Reviews & endorsements

    "This well-researched volume skillfully chronicles the work of the Supreme Court under Chief Justices Stone and Vinson. Although scholars have tended to give short shrift to this era, Wiecek makes a compelling argument that these years marked a watershed in constitutional history and pointed the court toward a new constitutional understanding. Wiecekas book will undoubtedly generate debate and will likely become the definitive treatment of the Stone-Vinson era."
    - James W. Ely, Jr., Vanderbilt University Law School

    "A brilliantly done book by a master in the field. Wiecek guides us through an era that is troubled and often confusing, and he does it with a sure hand for what is important. This is a welcome and a noteworthy contribution to the Holmes Devise."
    - Melvin I. Urofsky, author of A March of Liberty: A Constitutional History of the United States and The Continuity of Change: The Supreme Court and Individual Liberties, 1953-1986

    "William Wiecek blends research in the papers of the justices with the best insights of political, intellectual, and social history, and adds his own mature judgments to produce this superb, comprehensive, and accessible account of an often neglected period of constitutional history, demonstrating that the Supreme Court from 1941 to 1953 laid the foundations for nearly all of today's constitutional law."
    - Mark Tushnet, Georgetown University Law Center

    "Wiecek, Congdon Professor of Law and Professor of History at Syracuse Unviersity, has written an encyclopedic study of the stone and Vinson Courts that is detailed and intellectually is a volume worthy of our attention and continued consultation."
    - The Green Bag Richard A. Paschal

    "The cases that Wiecek chooses to write about he covers well and illuminatingly."
    - Law and History Review

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    Product details

    • Date Published: January 2006
    • format: Hardback
    • isbn: 9780521848206
    • length: 752 pages
    • dimensions: 241 x 161 x 44 mm
    • weight: 1.164kg
    • contains: 32 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. The Roosevelt Court:
    1. American Public Law in 1941
    2. A new Court
    3. Carolene Products (1938): prism of the Stone Court
    Part II. First Amendment Freedoms:
    4. Freedom of speech in the Stone Court
    5. Freedom of speech in the Vinson Court
    6. The free exercise of religion
    7. The establishment of religion
    Part III. World War Two and the Constitution:
    8. Total war and the constitution
    9. Military courts and treason
    10. Silent Leges: Japanese internment
    11. National authority during and after the war
    Part IV. The Truman Court:
    12. The Truman Court
    13. American jurisprudence after the war: 'reason called law'
    14. The problem of incorporation
    15. Adamson v. California (1947): prism of the Vinson Court
    Part V. The Cold War:
    16. Anticommunism and the Cold War: Dennis v. United States
    17. The Cold War cases
    Part VI. Civil Rights:
    18. Civil Rights and the Stone Court
    19. Civil Rights and the Vinson Court.

  • Author

    William M. Wiecek, Syracuse University, New York
    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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