The Constitution in the Supreme Court: The Second Century, 1888-1986

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University of Chicago Press, Feb 10, 1994 - History - 668 pages
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The Constitution in the Supreme Court: The Second Century traces the development of the Supreme Court from Chief Justice Fuller (1888-1910) to the retirement of Chief Justice Burger (1969-1986). Currie argues that the Court's work in its second century revolved around two issues: the constitutionality of the regulatory and spending programs adopted to ameliorate the hardships caused by the Industrial Revolution and the need to protect civil rights and liberties. Organizing the cases around the tenure of specific chief justices, Currie distinguishes among the different methods of constitutional exegesis, analyzes the various techniques of opinion writing, and evaluates the legal performance of different Courts.

"Elegant and readable. Whether you are in favor of judicial restraint or judicial activism, whatever your feelings about the Warren Court, or the Renquist Court, this is a book that justifies serious study."—Robert Stevens, New York Times Book Review
  

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Contents

The Protection of Economic Interests I
7
The Protection of Economic Interests II
31
Full Faith and the Bill of Rights
55
Conclusion to Part One
79
Introduction to Part Two
87
Conclusion to Part Two
126
Introduction to Part Three
133
The Distribution of Authority
170
Conclusion to Part Five
333
From Everson to Youngstown
339
Conclusion to Part Six
370
The First Warren Court
377
The Real Warren Court
415
Conclusion to Part Seven
454
Introduction to Part Eight
463
Other Limitations
505

Conclusion to Part Three
199
Introduction to Part Four
205
The New Agenda
245
Conclusion to Part Four
271
Introduction to Part Five
277
The PreferredPosition Debate
308
The Structure of Government
560
Conclusion to Part Eight
597
The Constitution of the United States
610
Table of Cases
627
Index
649
Copyright

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About the author (1994)

David P. Currie (1936-2007) was the Edward H. Levi Distinguished Service Professor of Law at the University of Chicago. He is the author of four volumes in the Constitution in Congress series and the award-winning two-volume history The Constitution in the Supreme Court.

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