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020			_a9780271035000 _qPDF
024	7		_a10.1515/9780271035000 _2doi
035			_a(DE-B1597)9780271035000
035			_a(DE-B1597)583659
035			_a(OCoLC)1253313772
040			_aDE-B1597 _beng _cDE-B1597 _erda
050		4	_aKF4541 _b.G37 2008eb
072		7	_aLAW018000 _2bisacsh
082	0	4	_a342.7302/9 _222
084			_aonline - DeGruyter
100	1		_aGarry, Patrick M. _eautore
245	1	3	_aAn Entrenched Legacy : _bHow the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court / _cPatrick M. Garry.
264		1	_aUniversity Park, PA : _bPenn State University Press, _c[2021]
264		4	_c©2008
300			_a1 online resource (200 p.)
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
347			_atext file _bPDF _2rda
505	0	0	_tFrontmatter -- _tContents -- _tIntroduction -- _t1 The New Deal Constitutional Revolution -- _t2 At the Heart of the Revolution: The Constitution's Structural Provisions -- _t3 How the Administrative State Has Boosted Judicial Power -- _t4 The Court's Federalism Revolution -- _t5 A One-Sided Federalism Revolution: Ignoring the Liberty Side of Federalism -- _t6 Contradicting the Federalism Revolution: The Court's Nationalizing Rights-Jurisprudence -- _tConclusion: A Stifling of the Democratic Process -- _tIndex
506	0		_arestricted access _uhttp://purl.org/coar/access_right/c_16ec _fonline access with authorization _2star
520			_aAn Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court's power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court's power. When the Court retreated from enforcing separation of powers and federalism as the twin structural protections for individual liberty in the face of FDR's New Deal agenda, it was inevitably drawn into an alternative approach, substantive due process, as a means for protecting individual rights. This has led to many controversial judicial rulings, particularly regarding the recognition and enforcement of privacy rights. It has also led to the mistaken belief that the judiciary serves as the only protection of liberty and that an inherent conflict exists between individual liberty and majoritarian rule. Moreover, because the Court has assumed sole responsibility for preserving liberty, the whole area of individual rights has become highly centralized. As Garry argues, individual rights have been placed exclusively under judicial jurisdiction not because of anything the Constitution commands, but because of the constitutional compromise of the New Deal.During the Rehnquist era, the Court tried to reinvigorate the constitutional doctrine of federalism by strengthening certain powers of the states. But, according to Garry, this effort only went halfway toward a true revival of federalism, since the Court continued to rely on judicially enforced individual rights for the protection of liberty. A more comprehensive reform would require a return to the earlier reliance on both federalism and separation of powers as structural devices for protecting liberty. Such reform, as Garry notes, would also help revitalize the role of legislatures in our democratic system.
538			_aMode of access: Internet via World Wide Web.
546			_aIn English.
588	0		_aDescription based on online resource; title from PDF title page (publisher's Web site, viewed 30. Aug 2021)
650		0	_aConstitutional history _zUnited States.
650		0	_aConstitutional law _zUnited States.
650		0	_aNew Deal, 1933-1939.
650		7	_aLAW / Constitutional. _2bisacsh
850			_aIT-RoAPU
856	4	0	_uhttps://doi.org/10.1515/9780271035000?locatt=mode:legacy
856	4	0	_uhttps://www.degruyter.com/isbn/9780271035000
856	4	2	_3Cover _uhttps://www.degruyter.com/cover/covers/9780271035000.jpg
942			_cEB
999			_c187071 _d187071