Undoing the New Deal through the new presidentialism
Article Abstract:
The new presidentialism threatens the New Deal's administrative state. The new presidentialism is based on the theory that regulatory power is executive in nature and therefore, under Article II, should be vested exclusively in the president. Thus the so-called fourth branch of government, the regulatory agencies, will at last find a constitutional basis. But the anti-regulatory post-Reagan era is likely to set the new presidentialism in opposition to the New Deal's legacy.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1998
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The constitutional virtues and vices of the New Deal
Article Abstract:
Analysis of the New Deal reveals both good and bad laws and judicial decision. Affirmation of wealth redistribution by the federal government, application of basic rights to the states, and properly broad interpretation of the Commerce Clause were good. On the other hand, disavowal of the unitary executive, improper endorsement of nonjury criminal and civil trials, and the finding that the Article V amendment process is non-justiciable are bad.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1998
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The cartelization of commerce
Article Abstract:
Post-1937 New Deal cases and laws should be overturned as indicative of the federal government's effort to establish economic cartels. Before 1937, the Supreme Court interpreted the Commerce Clause and other constitutional provisions in ways that respected the free market economy. After 1937, the Court interpreted the Clause so broadly as to allow the federal government to become an economic monopolist.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1998
User Contributions:
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