Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

2 results

  • Chapter 20 - Constitutional Limitations on Agencies

  • from Section A: Administrative Law
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book:
    The Hughes Court
    Published online:
    13 January 2022
    Print publication:
    03 February 2022, pp 432-471

  • Summary

    New Dealers in the administration and on the Court were committed to the Progressive view of the relation between administrative agencies and the political branches-- as were, to a surprising degree, the Court’s more conservative members. Crowell v. Benson, which ardent New Dealers like Felix Frankfurter, lamented, actually went quite far in validating the Progressive theory of administrative agencies, though not as far as the most visionary proponents of the administrative state wanted.

  • Chapter 8 - Black Monday, May 27, 1935

  • from Section C: Crisis
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book:
    The Hughes Court
    Published online:
    13 January 2022
    Print publication:
    03 February 2022, pp 167-200

  • Summary

    The chapter describes the drafting of New Deal statutes and the Roosevelt administration’s legal strategies to defend them against conservative attacks. The “Black Monday” decisions of 1936 showed that the Court’s earlier decisions had not in fact shown that the Court’s majority was ready to acquiesce in everything done in the name of economic recovery. The Schechter decision was not in itself a serious blow to the New Deal, involving as it did a program that had lost political support within the administration, but it was rightly seen as resting upon premises that did threaten New Deal programs.