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In Defense of Traditional Stories and Labels

Published online by Cambridge University Press:  18 August 2010

Extract

Forums are not for the faint of heart. My critics offer a searching analysis of my approach and arguments. William Novak questions the basic assumptions and methods of my article; indeed, he dismisses it out of hand as a well-known “traditional” story told in an equally traditional “narrative” fashion. Somewhat more graciously, Daniel Rodgers contests the validity of some of its arguments; more fundamentally, he disputes the legitimacy—at least for a “normal” political actor such as Charles Evans Hughes—of an ideological frame of reference. Just tell the (traditional) story, he says; come to grips with the man and forget the labels. For his part, William Forbath largely accepts my conceptualization but disputes my contention that the traditional liberal state died in 1937. Rather, he argues, the post–New Deal American state was deeply informed by Hughes's “lawyerly” brand of “transitional” liberalism, which balanced a “progressive” commitment to reform and administrative state-building with a “classical” regard for dual federalism and the primacy of courts and common law. Finally, Risa Goluboff contests my suggestion, via Hilaire Belloc, that the new constitutional order subordinated individual economic rights to the interests of the national state and the elites that control it. The quest for economic rights remained strong, she suggests, until the onset of the Cold War, which limited the reach of the American welfare state, and the Brown decision, which gave a racial (and, eventual, gender) definition to liberal reform.

Type
Forum: Response
Copyright
Copyright © the Board of Trustees of the University of Illinois 2006

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References

1. Hacker, Jacob S., America's Divided Welfare State: The Battle over Public and Private Social Benefits in the United States (New York: Cambridge University Press, 2002).CrossRefGoogle Scholar

2. Klein, Jennifer, For All These Rights: Business, Labor, and the Shaping of America's Public-Private Welfare State (Princeton: Princeton University Press, 2003).Google Scholar

3. Howard, Christopher, The Hidden Welfare State: Tax Expenditures and Social Policy in the United States (Princeton: Princeton University Press, 1997).Google Scholar

4. No. 04-108, Supreme Court of the United States, 005 U.S. LEXIS 5011.

5. See Hughes's opinions for the court in:St. Louis and Kansas City Land Company v. Kansas City, 241 U.S.419 (1916)Google Scholar; O'Neill v. Leamer, 239 U.S.244 (1915)Google Scholar; Union Lime Company v. Chicago and Northwestern Railway Company, 233 U.S.211 (1914)Google Scholar.

6. Home Bldg. & Loan Asso. v. Blaisdell, 290 U.S. 398;Arkes, Hadley, The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights (Princeton: Princeton University Press, 1994), 243–50Google Scholar.

7. Howard, , Hidden Welfare State, 122.Google Scholar