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…mehr
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.
Robert C. Post is the Sterling Professor of Law at Yale Law School. He served as the sixteenth Dean of Yale Law School from 2009 to 2017. He specializes in constitutional law, with particular emphasis on the First Amendment. His book For the Common Good: Principles of American Academic Freedom (with Matthew W. Finkin) has become the standard reference text for the meaning of academic freedom in the United States.
Inhaltsangabe
Prologue Mr. Taft Takes Charge Part I: Constructing the Taft Court: Appointments 1. John Hessin Clarke and George Sutherland 2. William Rufus Day and Pierce Butler 3. Mahlon Pitney and Edward Terry Sanford 4. Joseph McKenna and Harlan Fiske Stone Part II: The Holdover Justices 5. Oliver Wendell Holmes 6. Willis Van Devanter 7. James Clark McReynolds 8. Louis Dembitz Brandeis Part III: The Incomparable Chief Justiceship of William Howard Taft 9. Taft's Health 10. Taft as a Justice 11. Myers v. United States 12.The Conference of Senior Circuit Court Judges 13. Reshaping the Supreme Court 14. The Changing Role of Chief Justice 15. The Chief Justice as Chancellor 16. Lobbying for Judicial Appointments 17. Creating a New Supreme Court Building Part IV: The Taft Court as an Institution 18. Judicial Opinions during the Taft Court 19. Dissent during the Taft Court 20. The Authority of the Taft Court Part V: Social and Economic Legislation 21. 'Everything Is on Edge': World War I and the American State 22. Cabining the Constitutional Implications of the War 23. Diminishing Judicial Deference 24. Adkins v. Children's Hospital 25. Price Fixing and Property Affected with a Public Interest 26. The Protected Realm of Freedom 27. Ratemaking and Judicial Legitimacy Part VI: The Positive Law of Prohibition 28. Prohibition, the Taft Court, and the Authority of Law 29. Prohibition and Dual Sovereignty 30. Prohibition and Normative Dualism 31. Prohibition and Positive Law 32. Prohibition and Law Enforcement 33. Olmstead v. United States Part VII: Federalism and the American People 34. Federalism and World War I 35. Dual Sovereignty and Intergovernmental Tax Immunities 36. Normative Dualism and Congressional Power 37. The Dormant Commerce Clause and the National Market 38. National Judicial Power and the American People Part VIII: Labor, Equal Protection, and Race 39. Labor and the Jurisprudence of Individualism 40. Labor and the Construction of the National Market 41. Government by Injunction 42. Truax v. Corrigan 43. The Equal Protection Clause and Race Epilogue Chief Justice Taft Exits the Scene.
Prologue Mr. Taft Takes Charge Part I: Constructing the Taft Court: Appointments 1. John Hessin Clarke and George Sutherland 2. William Rufus Day and Pierce Butler 3. Mahlon Pitney and Edward Terry Sanford 4. Joseph McKenna and Harlan Fiske Stone Part II: The Holdover Justices 5. Oliver Wendell Holmes 6. Willis Van Devanter 7. James Clark McReynolds 8. Louis Dembitz Brandeis Part III: The Incomparable Chief Justiceship of William Howard Taft 9. Taft's Health 10. Taft as a Justice 11. Myers v. United States 12.The Conference of Senior Circuit Court Judges 13. Reshaping the Supreme Court 14. The Changing Role of Chief Justice 15. The Chief Justice as Chancellor 16. Lobbying for Judicial Appointments 17. Creating a New Supreme Court Building Part IV: The Taft Court as an Institution 18. Judicial Opinions during the Taft Court 19. Dissent during the Taft Court 20. The Authority of the Taft Court Part V: Social and Economic Legislation 21. 'Everything Is on Edge': World War I and the American State 22. Cabining the Constitutional Implications of the War 23. Diminishing Judicial Deference 24. Adkins v. Children's Hospital 25. Price Fixing and Property Affected with a Public Interest 26. The Protected Realm of Freedom 27. Ratemaking and Judicial Legitimacy Part VI: The Positive Law of Prohibition 28. Prohibition, the Taft Court, and the Authority of Law 29. Prohibition and Dual Sovereignty 30. Prohibition and Normative Dualism 31. Prohibition and Positive Law 32. Prohibition and Law Enforcement 33. Olmstead v. United States Part VII: Federalism and the American People 34. Federalism and World War I 35. Dual Sovereignty and Intergovernmental Tax Immunities 36. Normative Dualism and Congressional Power 37. The Dormant Commerce Clause and the National Market 38. National Judicial Power and the American People Part VIII: Labor, Equal Protection, and Race 39. Labor and the Jurisprudence of Individualism 40. Labor and the Construction of the National Market 41. Government by Injunction 42. Truax v. Corrigan 43. The Equal Protection Clause and Race Epilogue Chief Justice Taft Exits the Scene.
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