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Chapter 23 - The Uncertainties of Theory

from Section B: Civil Liberties and Civil Rights

Published online by Cambridge University Press:  13 January 2022

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

Having endorsed expansive exercises of government power to regulate the economy, the Court’s more liberal members had to figure out how to justify limiting that power in connection with civil rights and civil liberties. Here they were assisted by their conservative colleagues' sensibilities, an inchoate blend of libertarianism with the civil rights legacy of the Republican Party. Progrssive political theory, as articulated by John Dewey, provided the liberals with few resources, but they too had sensibilities and sympathies that made them comfortable with enforcing civil rights and civil liberties against governments even as they withdraw from doing the same in conneciton with economic regulation.

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Chapter
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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 551 - 564
Publisher: Cambridge University Press
Print publication year: 2022

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