The American state from the Civil War to the New Deal : the twilight of constitutionalism and the triumph of progressivism

"This book tells the story of constitutional government in America during the period of the ,źsocial question.,Ź After the Civil War and Reconstruction, and before the ,źsecond Reconstruction,Ź 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 ,Ŭ and then Lincoln and the Republicans ,Ŭ 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,Ŵ principles, but rather a series of leaders ,Ŭ Theodore Roosevelt, Woodrow Wilson, and Franklin D. Roosevelt ,Ŭ 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"-- Cover Contents Abbreviations Used in the Footnotes AcknowledgmentsI Introduction Part I The Old Regime: 1870–1900 1 The Post-War Constitution Republican Leviathan Army and Nationality Army and Society: Labor and Pensions The American System Land Grants and Education 2 The Judiciary and Private Rights Distribution and Subsidy Swift and Diversity The Extension of Swift 3 The Crisis of the 1890s The Labor Problem The Trust Problem The Income Tax The Election of 1896 Part II Early Progressivism: 1900–1913 4 The New Jurisprudence Historism and Historicism Langdell and Scientism The Analytical School Darwinism Holmes and Pound 5 The Due Process Dialectic Natural Rights and the Antebellum Court The Fourteenth Amendment The Road from Munn The Fuller Court and Due Process 6 Toward a Federal Police Power The Commerce Power and Antitrust Organized Labor and Liberty of Contract Alcohol Oleo Gambling 7 Rooseveltian Progressivism The Holmes Appointment The Anthracite Strike Pure Food The Mann Act 8 The Lochner Incident Precursors Lochner Aftermath 9 Court and Constitution in Crisis Walter Clark J. Allen Smith Herbert Croly 10 Taft and the Republican Crackup The New Nationalism Roosevelt and the Judiciary Schism Part III Late Progressivism: 1913–1933 11 Wilsonian Progressivism A Darwinian Constitution The Administrative State The 1912 Campaign Wilson and the Judiciary 12 The New Freedom The Tariff The Federal Reserve Act The Clayton Antitrust Act Commission Government Labor’s Gold Brick 13 The New Wilson The Brandeis Nomination Tariff and Farm Policies Child Labor The Adamson Act The 1916 Election 14 The Great War The Army and Social Reform The Financial Revolution The Great Delegation Labor Policy Sedition 15 The Return of the Regular Republicans Harding and Coolidge Grants-in-Aid McNary–Haugenism Muscle Shoals Progressive Unease on the Court 16 The Taft Court Personnel and Power Labor Adkins and the Due Process Revival Takings Civil Liberties Prohibition The Progressive Attack 17 The Last Progressive Corporatism Agriculture and Labor The Cardozo Appointment The Depression FDR The 1932 Election Part IV The New Deal: 1933–1940 18 The Hundred Days War Equivalents Planning: The Tennessee Valley Authority The National Industrial Recovery Act 19 To the Brink Mixed Signals First Skirmishes Black Monday 20 The Second New Deal The Second Hundred Days The Court Responds Mandate? The Sit-Down Strikes 21 The Court Fight The Plan The Opposition The Parrish Switch The Wagner Act Cases The Social Security Cases 22 The Abortive Third New Deal The Court-Packing Revival Opposition and Defeat Reorganization and Purge The End of the New Deal 23 The New Deal Court The Scorpions Diversity and Liability The Double Standard Liberal Activism Appendix A Multipliers and Multiplicands: Hours v. Wages Laws Appendix B Losses in the Gold Clause Cases Primary Sources Manuscript Sources Government Documents and Reference Works Published Primary Sources Books and Periodicals Index "This book tells the story of constitutional government in America during the period of the ,źsocial question.,Ź After the Civil War and Reconstruction, and before the ,źsecond Reconstruction,Ź 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 ,Ŭ and then Lincoln and the Republicans ,Ŭ 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,Ŵ principles, but rather a series of leaders ,Ŭ Theodore Roosevelt, Woodrow Wilson, and Franklin D. Roosevelt ,Ŭ 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"-- Provided by publisher 1. The Post-war Constitution -- 2. The Judiciary And Private Rights -- 3. Crisis Of 1890s -- 4. The New Jurisprudence -- 5. The Due Process Dialectic -- 6. Federal Police Power -- 7. Rooseveltian Progressivism -- 8. The Lochner Incident -- 9. Court And Constitution In Crisis -- 10. Taft And The Republican Crack-up -- 11. Wilsonian Progressivism -- 12. The New Freedom -- 13. The New Wilson -- 14. The Great War -- 15. The Return Of The Regular Republicans -- 16. The Taft Court -- 17. The Last Progressive -- 18. The New Deal -- 19. To The Brink -- 20. The Second New Deal -- 21. The Court Fight -- 22. The Abortive Third New Deal -- 23. The New Deal Court. Paul D. Moreno. Includes Bibliographical References (p. 333-342) And Index.