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8 results

The Taft Court
  • Making Law for a Divided Nation, 1921–1930
  • Volume 10
  • Robert C. Post
  • Published online:
    19 October 2023
    Print publication:
    09 November 2023
  • The Taft Court offers the definitive history of the Supreme Court from 1921 to 1930 when William Howard Taft was Chief Justice. Using untapped archival material, Robert C. Post engagingly recounts the ambivalent effort to create a modern American administrative state out of the institutional innovations of World War I. He shows how the Court sought to establish authoritative forms of constitutional interpretation despite the culture wars that enveloped prohibition and pervasive labor unrest. He explores in great detail how constitutional law responds to altered circumstances. The work provides comprehensive portraits of seminal figures such as Oliver Wendell Holmes Jr. and Louis Dembitz Brandeis. It describes William Howard Taft's many judicial reforms and his profound alteration of the role of Chief Justice. A critical and timely contribution, The Taft Court sheds light on jurisprudential debates that are just as relevant today as they were a century ago.

  • Chapter 18 - Toward a Theory of Pluralism

  • from Section D: The New Constitutional Regime
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book:
    The Hughes Court
    Published online:
    13 January 2022
    Print publication:
    03 February 2022, pp 408-420

  • Summary

    This Chapter details the initial hints of a new account of constitutional review, examining in detail the development of and the theory underlying Justice Stone’s famous “Footnote Four” outlining the argument that Court should intervene only to enforce specific constitutional guarantees or to ensure that the political process was operating without impediment.