The American State from the Civil War to the New Deal: The Twilight of Constitutionalism and the Triumph of Progressivism

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Cambridge University Press, Jun 28, 2013 - History - 349 pages
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This book tells the story of constitutional government in America during the period of the "social question." After the Civil War and Reconstruction, and before the "second Reconstruction" and cultural revolution of the 1960s, Americans dealt with the challenges of the urban and industrial revolutions. In the crises of the American Revolution and the Civil War, the American founders - and then Lincoln and the Republicans - returned to a long tradition of Anglo-American constitutional principles. During the Industrial Revolution, American political thinkers and political actors gradually abandoned those principles for a set of modern ideas, initially called progressivism. The social crisis, culminating in the Great Depression, did not produce a Lincoln to return to the founders' principles, but rather a series of leaders - Theodore Roosevelt, Woodrow Wilson, and Franklin D. Roosevelt - who repudiated them. Congress and the Supreme Court eventually followed their lead. Since the New Deal, Americans have lived in a constitutional twilight, not having completely abandoned the natural-rights constitutionalism of the founders, nor having completely embraced the entitlement-based welfare state of modern liberalism.
 

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Contents

19oo1913
49
The Due Process Dialectic
59
Toward a Federal Police Power
70
Rooseveltian Progressivism
86
The Lochner Incident
96
Court and Constitution in Crisis
106
Taft and the Republican Crackup 1 13
119
19 1 3193 3
129
The Return of the Regular Republicans
177
The Taft Court
189
I7 The Last Progressive
210
The Hundred Days
231
To the Brink
242
The Court Fight
275
The Abortive Third New Deal
296
The New Deal Court 3 10
311

The New Freedom
141
I3 The New Wilson
151
The Great
163
Hours 1 Wages Laws
329
Index
343
Copyright

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About the author (2013)

Paul D. Moreno is the William and Berniece Grewcock Chair in the American Constitution and is the Dean of Faculty at Hillsdale College. He has taught at Hillsdale College for thirteen years and has held visiting professorships at Princeton University and the University of Paris School of Law. He earned his doctorate under Herman Belz at the University of Maryland in 1994. Moreno is the author of From Direct Action to Affirmative Action: Fair Employment Law and Policy in America and Black Americans and Organized Labor: A New History.

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