Muted Fury - Populists, Progressives, Labor Unions Confront Courts, 1890 1937

For half a century before 1937, populists, progressives, and labor leaders complained bitterly that a "judicial oligarchy" impeded social and economic reform by imposing crippling restraints on trade unions and nullifying legislation that regulated business corporations. A Muted Fury, the first study of this neglected chapter in American political and legal history, explains the origins of hostility toward the courts during the Progressive Era, examines in detail the many measures that antagonists of the judiciary proposed for the curtailment of judicial power, and evaluates the successes and failures of the anti-court movements.

Tapping a broad array of sources, including popular literature and unpublished manuscripts, William Ross demonstrates that this widespread fury against the judiciary was muted by many factors, including respect for judicial power, internal divisions among the judiciary's critics, institutional obstacles to reform, and the judiciary's own willingness to mitigate its hostility toward progressive legislation and labor. Ross argues that persistent criticism of the courts influenced judicial behavior, even though the antagonists of the courts failed in their many efforts to curb judicial power. The book's interdisciplinary exploration of the complex interactions among politics, public opinion, judicial decision-making, the legislative process, and the activities of organized interest groups provides fresh insights into the perennial controversy over the scope of judicial power in America.

Originally published in 1994.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

List of contents

Acknowledgments 1The Seeds of Discord 2Challenges to Constitutional Orthodoxy 3Meliorative Measures 4Reconstructing the Bench 5The Judicial Recall Movement 6Theodore Roosevelt and the Judicial Referendum 7Ebb and Flow, 1913-1921 8The Taft Court and the Return of "Normalcy" 9The La Follette Proposal 10The Borah Proposal 11The Supreme Court Calms the Tempest 12The Judicial Issue in the 1924 Election 13Final Conflicts, 1925-1937 Conclusion Index

About the author

William G. Ross

Summary

For half a century before 1937, populists, progressives, and labor leaders complained bitterly that a "judicial oligarchy" impeded social and economic reform by imposing crippling restraints on trade unions and nullifying legislation that regulated business corporations. A Muted Fury, the first study of this neglected chapter in American political and legal history, explains the origins of hostility toward the courts during the Progressive Era, examines in detail the many measures that antagonists of the judiciary proposed for the curtailment of judicial power, and evaluates the successes and failures of the anti-court movements.

Tapping a broad array of sources, including popular literature and unpublished manuscripts, William Ross demonstrates that this widespread fury against the judiciary was muted by many factors, including respect for judicial power, internal divisions among the judiciary's critics, institutional obstacles to reform, and the judiciary's own willingness to mitigate its hostility toward progressive legislation and labor. Ross argues that persistent criticism of the courts influenced judicial behavior, even though the antagonists of the courts failed in their many efforts to curb judicial power. The book's interdisciplinary exploration of the complex interactions among politics, public opinion, judicial decision-making, the legislative process, and the activities of organized interest groups provides fresh insights into the perennial controversy over the scope of judicial power in America.

Originally published in 1994.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Additional text

"A Muted Fury provides a comprehensive overview of the various proposals and moves made to curb the court.... A useful overview grounded in research findings over the last half-century with rich footnotes and a useful index."

Product details

• Authors: William Ross, William G. Ross, Ross William G.
• Publisher: Princeton University Press
• Languages: English
• Product format: Paperback / Softback
• Released: 14.07.2014
• EAN: 9780691605050
• ISBN: 978-0-691-60505-0
• No. of pages: 352
• Series: Princeton Legacy Library; Princeton Legacy Library
• Subjects: Non-fiction book > History > Miscellaneous; Social sciences, law, business > Law > Miscellaneous; LAW / Legal History, Legal History, Courts & procedure