Donald K. Stabile and Andrew F. Kozak, Markets, planning and the moral economy: business cycles in the Progressive Era and the New Deal (Edward Elgar: Cheltenham, 2012. Pp. 296. ISBN 9781781006764 Hbk. £80)

2014 ◽  
Vol 67 (4) ◽  
pp. 1187-1188
Author(s):  
Alex Millmow
Keyword(s):  
Business Cycles ◽  
Progressive Era ◽  
New Deal ◽  
Moral Economy ◽  
The New Deal ◽  
Edward Elgar

Nine The Fall of the Original Ninth Amendment and the Rise of New Deal Constitutionalism

2009 ◽  
Author(s):  
Lash Kurt T
Keyword(s):  
Progressive Era ◽  
New Deal ◽  
Federal Courts ◽  
Present Discussion ◽  
Ninth Amendment ◽  
The New Deal

This chapter begins with a fairly exhaustive account of the use of the Ninth Amendment in state and federal courts prior to the New Deal. There is nothing new here in terms of theory: one finds the same analysis of the Ninth Amendment already developed in prior chapters repeated over and over again in state and federal courts throughout the Progressive era. There is a purpose, however, to including this history. One of the most durable myths about the Ninth Amendment is that it attracted little attention prior to the modern Supreme Court's discovery of the Ninth in Griswold v. Connecticut. The present discussion puts this myth permanently to rest. The second half of the chapter helps explain how the myth arose in the first place.

The American Narrative: Is There One & What Is It?

Daedalus ◽  
2012 ◽  
Vol 141 (1) ◽  
pp. 11-17 ◽  
Author(s):  
William H. Chafe
Keyword(s):  
Progressive Era ◽  
American Revolution ◽  
New Deal ◽  
American History ◽  
Social Life ◽  
Common Good ◽  
Great Society ◽  
The Common ◽  
Reagan Era ◽  
The New Deal

Nearly four centuries of American history have witnessed the evolving conflict between two competing sets of values: a belief that acting on behalf of the common good should guide social and political behavior, and a belief that unfettered individual freedom should dominate political and social life. Tracing this conflict from Puritanism through the American Revolution, the Civil War, the rise of industrialism, the Progressive Era, the New Deal, the Great Society, and the conservative revival of the Nixon/Reagan era, the essay reveals this clash of values as pivotal to understanding the narrative of American history, with contemporary political battles crystallizing just how basic this conflict has been.

The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong

2013 ◽  
Author(s):  
Randy E. Barnett
Keyword(s):  
Supreme Court ◽  
Progressive Era ◽  
New Deal ◽  
The Supreme Court ◽  
Ninth Amendment ◽  
The New Deal

This chapter examines the revival of the presumption of constitutionality and its almost immediate qualification in the form of Footnote Four, which it argues is inconsistent with the Ninth Amendment. The era in which the Supreme Court attempted to scrutinize the necessity and propriety of state and federal restrictions on liberty came to a close as the perceived legitimacy of legislative activism continued to grow. The doctrinal vehicle used by the New Deal Court to overturn the Progressive Era precedents was the adoption of a presumption of constitutionality. The chapter first provides an overview of Footnote Four before discussing the Ninth Amendment, which mandates that unenumerated rights be treated the same as those that are listed. It shows that Footnote Four runs afoul of the text of the Constitution, and more specifically the Ninth Amendment.

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