The New Deal and the Role of the Supreme Court

Written in 1998, Barry Cushman’s book â€Å"Rethinking the New Deal Court: The Structure of a Constitutional Revolution† is a historical analysis of the famous shift by the US Supreme Court from opposing the social legislations of the New Deal to provide full legal support of the programs.Advertising We will write a custom book review sample on The New Deal and the Role of the Supreme Court specifically for you for only $16.05 $11/page Learn More The author attempts to provide an in-depth analysis of the transformation of the constitutional law during the New Deal era in 1930s. In this book, Cushman’s thesis states that the â€Å"switch in time† by the Supreme Court was a result of a long-prepared and internal revolution perpetrated by a building-up of erosions of the SC’s commercial clause and jurisprudence, which took place in a â€Å"web-like and interconnected manner†1. Therefore, this thesis attempts to refu te the common notion that the dramatic change in the court’s decision resulted from short-political concerns, especially due to the 1936 elections and President Roosevelt’s announcement of his Court-packing plan. Thus, the purpose of this paper is to develop a comprehensive review of Cushman’s book, using a critical approach to the arguments used to support his thesis. According to Cushman, the current notion that the cowardly Supreme Court decided to change from opposing the legislation of the New Deal by abandoning a number of doctrines to save itself from Roosevelt’s politics is not only wrong, but also misinformed. To refute this claim and support his thesis, Cushman has attempted to base his arguments on in-depth historical accounts of the situation before the court’s major shift. Noteworthy, the author claims that the major turning point was in 1934 rather than after the 1936 elections. For instance, the author bases this claim on a historica l account of the 1934 rule on milk prices. In history, the Supreme Court, sitting in the state of New York, made a famous ruling by upholding the statute to control the prices of milk. This had a major impact on the subsequent decisions on statutes that were increasingly trying to increase government control of prices for basic commodities. In addition, Cushman agrees that the pre-New Deal economic laws had been scrapped by 1940 due to Roosevelt’s economic packages. However, the author uses historical evidence to refute the previous claims on the how, when and why the SC decided to abandon its previous doctrines when approaching the topic of government control of the national economy.Advertising Looking for book review on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More Cushman develops an argument criticizing the poetics of the judicial power in the US. The common way of thinking about the courts and judges has been wrong, yie lding a wrong impression that the court’s shift was driven by its coward nature, especially when dealing with political issues. The standard perceptions of the courts and judges in the US is reductionist because it makes people perceive law as political issues and treat judges as politicians elected through the electoral system. The American society, ridden with the mentality of politicizing every issue, developed a belief that the Supreme Court was acting politics. However, Cushman attempts to refute this claim, arguing that the SC’s steps to strike the deal contributed to the process of saving the country from the Great Depression, which collided with Roosevelt’s Court-packing program. The author attempts to show that the historical chronology of events leading to the SC’s shift in doctrines fails to support the standard notion that the court acted in a political and cowardly manner. The reader is introduced to a relatively new historical knowledge that shown how the nine court judges had decided to change their approach and abandon the previous doctrines2. The author provides historical evidence that the court judges were not aware of the president’s plan when they arrived at this decision. The major issue that provides ground to Cushman’s argument is the historical consideration of the reason for the court to take a long time to embrace the new deal. Using a historical approach to the topic, Cushman argues that the Americans have remained confused on the constitutional revolution that took place between 1930 and 1940. Cushman borrows from the historical ideas evidence, which shows that the laissez-faire legal system of the time had a different structure from the current system. For instance, it did was not based on a collection of isolated doctrines.Advertising We will write a custom book review sample on The New Deal and the Role of the Supreme Court specifically for you for only $16.05 $11/page Learn More Instead, it was based on a combination of interrelated doctrines collected into a whole system. Thus, they were analogous to a tapestry or a web. Accordingly, a change affecting any of the interwoven doctrines was likely to cause major implications on the overall web. Thus, the constitutional revolution that led to abandoning the previous doctrines the SC was used is based on this idea. By agreeing to uphold the statute on the control of milk prices in New York, the SC made one of the first steps towards interfering with the entire ‘web’ of the doctrines. Since a change in one of the doctrines in the interwoven web had a high likelihood of causing major changes in the entire system, the SC judges realized that the previous system could not work after some of the doctrines were abandoned. Therefore, it was necessary to change the whole structure. Accordingly, there is little evidence to show that political interferences or a coward nature of the SC judges led to the sudden shift, contrary common claims. Bibliography Cushman, Barry. Rethinking the New Deal Court: The Structure of a Constitutional Revolution. New York: Oxford University Press, 1999. Footnotes 1 Barry Cushman, Rethinking the New Deal Court: The Structure of a Constitutional Revolution (New York: Oxford University Press, 1999), 54. 2 Cushman, 158Advertising Looking for book review on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More This book review on The New Deal and the Role of the Supreme Court was written and submitted by user Madeleine U. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

experiment

ABSTRACTTab/experiment The objective of this experiment was to examine the electrophoretic behavior of hemoglobin from a normal person and from a person who has the sickle cell trait. Sickle cell disease is an inherited autosomal recessive gene. If the person has the inherited gene for sickle cell disease (hemoglobin S) from only one parent, then they are heterozygous and carry the trait. When the gene for hemoglobin S is inherited from both parents, the individual is homozygous and has a severe case of anemia. Electrophoresis is used in clinical laboratories to detect abnormal hemoglobins. Normal hemoglobin A had a strong negative charge therefore moved faster. Variant hemoglobin S had a weak negative charge resulting in slow movement.INTRODUCTIONRed blood cells (erythrocytes) carry the globular protein hemoglobin in the circulation. This protein transports oxygen from the lungs to the tissue. The structure of hemoglobin has changed by mutations among human population.A single amino acid change causes hem oglobin to fo...One out of 100 people have a mutant hemoglobin gene and they have abnormal hemoglobin in their blood. Usually harmless, mutations involve the substitution of one amino acid for another; however, some mutations may cause serious diseases such as sickle cell disease. Hemoglobin S is the most common and serious abnormal hemoglobin. In this mutation, a single glutamic acid residue on the Beta-chains is replaced by valine. This single change in the primary sequence causes a marked change in net charge and conformation of the protein. When hemoglobin S is deoxygenated, it crystallizes in the red blood cells and this leads to a distortion of the red cells into a sickle shape. These abnormal cells are then destroyed rapidly in the body which leads to a reduced number of erythrocytes; hence the term, sickle cell anemia.Hemoglobin S is thought to have originated in Africa among the Black population. It...

Identifying Adjective Clauses Exercise

Identifying Adjective Clauses Exercise Instructions for the Exercise in Identifying Adjective Clauses Only some of the sentences below contain adjective clauses  (also called relative clauses). See if you can pick out the adjective clauses, and then compare your responses with the answers below. Identify the Adjective Clauses I bought a car from Merdine, and it turned out to be a lemon.The car that I bought from Merdine turned out to be a lemon.Pandora, who had recently celebrated a birthday, opened the box of gifts.Lila, who has been the fire warden for 30 years, lives in a trailer with some scrappy dogs and cats.Lila, who lives in a trailer with some scrappy dogs and cats, has been the fire warden for 30 years.People who smoke cigarettes should be considerate of nonsmokers.Jacob, who smokes cigarettes, is considerate of nonsmokers.Mr. Mann has small, dark eyes, which peer inquisitively from behind metal-rimmed glasses.My wedding ring is worth at least ten dollars, and now I have lost it.I have lost my wedding ring, which is worth at least ten dollars. Answers (no adjective clause)that I bought from  Merdinewho had recently celebrated a birthdaywho has been the town fire warden for nearly 30 yearswho lives in a trailer with some scrappy dogs and catswho smoke cigarettes  which peer inquisitively from behind metal-rimmed glasses(no adjective clause)which is worth at least ten dollars

Leadership as Learned from Those Throughout History Essay

Leadership as Learned from Those Throughout History - Essay Example As the paper stresses there is the need to have a sense of courage toward understanding and to relate to the different components that are within the military. To do this, according to Kant, there has to be a sense of maturity to reach the enlightenment, as well as a sense of purpose behind what is occurring. The idea of leadership, in this sense, is to become enlightened enough to be defined as a guardian of others. â€Å"Such guardians, once they have themselves thrown off the yoke of immaturity, will disseminate the spirit of rational respect for personal value and for the duty of all men to think for themselves†. According to the study findings once one is able to develop a sense of personal enlightenment, then other characteristics can be developed which will help with leadership. To understand my certain place within the Navy as well as how to bring out a different sense of community that is used for the betterment of others is also the need to have an understanding of vision toward what has to happen within the community. Having strength, understanding what needs to be done, and focusing on the mission of what is occurring is essential to the true role of leadership. For instance, in Gary Wills presentation of George Washington and the making of the nation, the focus of leadership is on the personal attributes of Washington. To be a true leader, the personal development of these qualities becomes essential to the positive development within a community.

Response paper about an article called ''Cuba Revolutionary Essay

Response paper about an article called ''Cuba Revolutionary Projections - Essay Example its socio-political transformation that had witnessed changing social structure of Cuba along with changing international alliances with withdrawal of American influences, including Hollywood films and emergence of socialistic culture and its coalition with Soviet Union etc. Consequently, films became the major platform to showcase transforming picture Cuba and an important way to influence the taste and preferences of people of Cuba who had become addicted to Hollywood films. ICAIC had contributed to the creative evolution of Cuban cinema despite its limited resources. It had not only helped make permanent record of the Cuban revolution but also encouraged Cuban artists and filmmakers to experiment and exploit media. In 1962, Mobile cinema had reached communities who had previously no access to films and their undiluted enthusiasm was captured in Octavio Cortazar’s short film, Por Primera vez. Eminent filmmakers had made their mark in the decade with highly creative films that had showcased the theme of revolution in bourgeois setting. Thus, films like Death of a Bureaucrat (Garcia Espinoza), Memories of the Underdevelopent, 1968 (Tomas Gutierrez Alea), Lucla (Humberto Solaz), The First machete Charge (Octavio Gomez), NOW, Hanoi Tuesday 13th, Seventy Nine Springs etc. by Santiago Alvarez etc. had brought Cuban films into the center stage of International film arena. (words:

Archetype of Ulysses in the Odyssey :: essays research papers

We have read an adventurous story called The Odyssey. It was about a hero named Ulysses who goes through many conflicts to get home. He has faced monsters to beautiful women, but he still got home. Ulysses fits the model of an archetype. There are three ways he fits into the model. One way that Ulysses fits into the model of an archetype is that he has a supernatural power. An archetype means an original pattern. Ullyses has the abilities of strength. He is also very clever. Ulysses has alot of strength because he can bend the bow to connect it but no one else could. He had also liffted his men onto his ship two by two. He is also very clever because he outwitted many of the monsters he faced. For example, when Ulysses faced the cyclops Polyphemus he planned to blind his one eye. It was really clever when Ulysses and his men hid under the sheeps. Another way that Ulysses fits the model of an archetype is that he has flaws.In other words he is not perfect.If he was perfect he would be boring and it wouldn"t be interesting if he does the amazingest thing.It wouldn"t be interesting because you would already expect that from someone who is perfect.One of Ulysses flaw is that he is greedy. In the beginning of the story when Ulysses won the war between Troy he had taken all the treasures. He had taken so many there ship barely had room for food. Then when they went to more places he got greedy and took more treasures now leaving no room for food.That is why Ulysses and his men went hungry. He is also a little stubborn because when he saw his men eating the cattle that was forbidden to eat he had gotten all mad but, when his men convinced him he ate. The third reason why Ulysses fits the model of an archetype is because he had someone supernatural help him. The supernatural someone was Athena who helped Ulysses and helped him make important decisions . Athena is the godess of wisdom and it wasn't a coincidence that Ulysses was also clever.

Origin of African American Vernacular English Essay

African American Vernacular English is a form of American English which is used by mostly African American. It was originally known as the Black English. In non academic circles it is referred as Ebonics. This form of English shares a common pronunciation with the South American English which is mostly spoken by the African Americans and other non African American living in United States of America. African American vernacular English is a variation of English which has some unique characteristics which are not shared by any other variant of English. The language has several similar vocabularies with other forms of English that are spoken in America including the Standard English. ( Allyene, M 56 1980) It is almost hard to estimate the number of people who use this dialect. Scholars have put forward that there are people who may be using the AAVE pronunciation and vocabulary but they do not use the grammatical characteristics of the dialect. There are others who may only be using only a typical aspect of the variant. For along time linguists have been using the term African American vernacular English to refer to all those variants which portray particular grammatical characteristics such as copula removal, omitting of letter- s in third person or generally double negation. These features do happen in a variable manner, this means that the Standard English has been altered in one way or another. This point makes it hard to specifically state the number of people who speak this language. The variation experienced in this dialect has been argued to portray the intricate collective attitudes that revolve around the AAVE. This may be one of the reasons why it had attracted the type of interest from various sociolinguists and also the focus it has generated from the general public. (Allyene, M 87 1980) There have been arguments that the African American English may have contributed some words that are used in Standard English. There are regional variations as far as this form of language is concerned; this variation is described as little by linguists. Proponents of Creole hypothesis argue that this form of American English has some of similarity with the languages that are spoken in West Africa. (Winford, D 234 2000) There have been suggestions that African American vernacular English (AAVE) is an African language. The origin of the AAVE remains a controversial issue where scholars have never agreed on the various aspects concerning this dialect. Debate over the origin and development of the language has been alive and the scholars argue that the history of the speakers of this form of English make it a unique and special case. There have been two main hypotheses which have dominated the discussion about the basis of the African American vernacular English. These hypotheses are the Creole and Anglicist. Anglicist theory is also referred to as the dialectal hypotheses. The Anglicist hypothesis was set by its proponents during the twentieth century. They argued that the AAVE origin is traceable in the same way that the European English dialects were developed. The proponents of Anglicist hypothesis are of the assumption that the Africans who were taken to America as slaves learned a new language out of need to communicate. The proponents of this hypothesis belief that the Africans slaves learned English that was being spoken by the native English but in the course of learning it they made several mistakes which have been passed through generations. To Anglicist AAVE is bad English, a belief that has been greatly challenged by many linguists. The Africans who had different languages simply learned English and as time went on their languages gradually disappeared, only a few traces of the ancestral languages that were spoken by the African slaves remained. This hypothesis is based on the observation that when a given group of people who speak the same language are separated or diverged they tend to have variation in their speech. Language has been said to be a static and dynamic system a language spoken by a certain community will change since the groups have to continue communicating even when they are drawn apart due to various reasons. One notable example which has been used to explain this hypothesis is the variation which exists between American and the British English, the dialectical variation between these two forms of English has been said to have resulted due to the geographical distance that exist between the users of the two dialects. Isolation of the African Americans in the United States of America during the slavery period is of great importance as far as this hypothesis is concerned. Dialectal or the Anglicist clearly gives the facts on the origin of non Standard English through their unique explanations. Double and multiple negations are some of the examples through which the proponents of the theory state that were taken directly from the traditional forms of speech as the language developed. AAVE is known to have inherited some forms from the ancient traditions while at the same time making some modifications through innovations. To angilict this is what happens when two dialects move apart. Old characteristics feature are kept while at the same time the new ones are brought to the picture. A good example is a point where the AAVE lost the third person singular. Several dialectologists of the twentieth century claimed that AAVE roots can be traced back to the earliest form of the American English dialects. (Bailey, G. 46 1993) Supporters of this hypothesis made an assumption that the Africans Americans slaves learned the different forms of English which were spoken by their masters who were mostly European whites. The Anglicist theory was later challenged by the creolist who noted that the early language circumstances for the descendants from Africa who were subjected to the slavery as totally different from the one experienced by the European immigrants. The creolist focus on the origins of AAVE through assuming that it came from a creole language for example Gullah. They base their argument on the fact that it has the same features as the creoles that are spoken in the Caribbean. To the Creolist the segregation and subordination experienced by the African slaves only Yielded to development of a language which came to be referred to as Creole. This refers to a language that is formed by the groups which do not share a common language. Formation of a Creole is for purely communication purposes. African slaves having come from different language groups needed to communicate among themselves and also had to communicate with their masters. The Creole hypothesis states that AAVE is an outcome of a Creole which is derived from languages spoken in western part of Africa combined with English. African Slaves who mainly spoke different Western African languages were usually put together when they were being taken to their destination. For these people to communicate in some way they came up with a pidgin which was as a result of using English and West African words. This pidgin later passed on to through generations, and as soon as the pidgin became the main language it came to be described as a Creole. Over the years it has come to undergo a process which is known decreolization making it sound like the Standard English. Later it became the primary language of it’s speakers making it to be classified as a Creole. Over the years AAVE has gone through the process of decreolization and is beginning to sound more like Standard English (Bailey, G. 67 1993) Arguments over the early development of AAVE are just as contentious as the debate over its origin. This is partly due to the unavailability of data concerning the language. The one which has been there has been insufficient and unreliable at the same time though there may have been some written information which dates back in the colonial era its reliability is usually doubted therefore linguists being unable to gather much about the development of this dialect. The actual speech of the spoken African American language is not available since recordings were not there until the early years of the twentieth century. Peharps the lack of evidence coupled with the emergence of different schools of thought and hypothesis has made the dialect to be such unique making to attract too much public attention. (Rickford, J. Mufwene, S and Bailey, G, 254 1998) The creolist have continued to argue that the speech of the African Americans has continued to change significantly over the years but the characteristics of the creole language still exist in many other related dialects. African American vernacular English has developed up to the point where it is influencing other dialects. Its growth can be linked to many factors such as the unique position in which the language came about. It has become extremely hard to say exactly which side holds water as far as the origin a development of African American vernacular English is concerned. It has been influenced by the regional context as well as the heritage situation of the language. The debate on the African American Vernacular English will always be an ongoing phenomenon. It will keep on experiencing changes as far as the grammar is concerned. The current findings indicate that as the time goes by the distinctive characteristics of the language will continue to be stronger (Rickford, J. Mufwene, S and Bailey, G, 234 1998) African American vernacular English continue to be popular though at first was regarded as inferior English dialectal due to the historical background it is associated with. The dialect will continue to draw more debates in the years to come as it develops more closely to the Standard English. Perhaps in some years to come it will be the dialect that most of the Americans will be using. The dialect may not get the necessary support to be used in school but the very nature that it touches on a very sensitive issue of race will make many linguists to continue doing more research on it so that they can be able to solve so many questions that have been left unanswered for such a long period. The two theories may have attempted to answer some pertinent issues that have arose but still gaps remain as far as the development of the language is concerned.