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Chapter 39 - The Justices and the Theories

from Section B: Civil Liberties after 1937

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

Before 1937 political scientists had begun to decribe the US political system as one of pluraism and interest groups. After 1937 some justices moved haltingly to write the theory of interest group plualism into constitutional theory in ways that would allow them to uphold economic regulation while taking a more active role in policing legislation dealing with civil liberties. To do so they had to develop an account of “fundamental rights” that were enforceable aagainst the states through the Due Process Clause.

Keywords

Constitution Day speechinterest group pluralismArthur Bentleyincorporation doctrinePalko v ConnecticutFootnote Four
Type
Chapter
Information
The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 1043 - 1059
Publisher: Cambridge University Press
Print publication year: 2022

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