StudentShare solutions
Triangle menu

Law And Society - Essay Example

Not dowloaded yet

Extract of sample
Law And Society

His programs were collectively called the New Deal. The New Deal projects by President Roosevelt suffered massive drawbacks at the courts. Most of them were frustrated by the supreme courts issuing verdicts that they were unconstitutional (Himmelberg, p19). The statues and provisions in the new deal programs that were struck down by the courts include the Agricultural Adjustment Act, which supported financially staple farmers, the National Industrial Recovery Act, which approved the cartelization of industries, and the Railroad Retirement Act. According to Leuchtenburg, these sudden changes precipitated a constitutional crisis. They posed a difficult challenge to the conventional dogma of the Supreme Court leading to a constitutional revolution (Leuchtenburg p213). Frustrated by the courts actions, President Roosevelt reacted by announcing his reorganization of the judiciary. This was infamously known as the “court packing” plan (Mannino, p293). Several writers argue that the courts struck down numerous important laws in the twentieth century. The two pertinent reasons fronted for this precedence were; the laws were hastily and poorly drafted during the emotional hundred days of Roosevelt in office and that they were badly defended in the courts. It must be noted that these two arguments were found with flaws. One law in New York drafted by the best law practitioners in United States was a casualty in this period. This reason amongst others weakened the reasoning held at that time (Leuchtenburg p234). The court packing plan, for instance, according to Leuchtenburg had frightened the courts and posed a danger to them. This to him might have had some effect relative to jurisprudence. However, the interpretation of the constitutional revolution in the 1930s is diverse. Several law scholars have cited different Court cases of the twentieth century to support their stand on which case actually represented a constitutional revolution. In this term paper, the cases West Coast Hotel vs. Parrish, argued for by Leuchtenburg and Wickard vs. Filburn argued for by Cushman will be analyzed. As a result, determine which authors interpretations of the cases amount to a revolutionary case. In the case West Coast Hotel vs. Parrish (1937), the Supreme Court judgment upheld the constitutionality of legislation on minimum wage passed by Washington State. It overturned the trials court decision that was based on the precedent of Adkins vs. Children’s Hospital (Leuchtenburg, p164). This decision is believed to have ended the era in which the Supreme Court had a penchant for quashing legislation intended at regulating enterprise. Leuchtenburg argues that, this case marked a notable divide in the history of the courts. It also had a significant consequence on the destiny of President Roosevelt Court packing plan. In addition, Elsie Parrish case prompted a constitutional revolution in the United States Supreme Court (Leuchtenburg p163). Her case appeared to be heading for defeat since for a decade; the Supreme Court had ruled that a minimum wage act for women was unlawful since it violated the liberty of contract that the Court assumptions were guaranteed by the Constitution. Against all odds, Elsie Parrish was resolute in her quest for justice. Following the precedent of Adkins, her case was never watertight in the eyes of legal practitioners. Even at the time, the finest law practition ...Show more

Summary

Name of student: A Comparison of Leuchtenburg and Cushman View on What Case Constituted a Constitutional Revolution After president Roosevelt took power in 1933, he established programs to restore the economy of the United States…
Author : sanfordchrist
Law And Society essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Law And Society"
with a personal 20% discount.
Grab the best paper

Related Essays

Law and Society
Take Home Exam Questions Tiffany Howard Law and Society Professor Lisa Holland-Davis October 26, 2011 From Martin Luther King’s “Letter from a Birmingham Jail” In his letter, “Letter from a Birmingham Jail,” the rationale for participating in a march in Birmingham.
6 pages (1500 words) Essay
Ethics and Law in Business and Society
The possibility of punishment results into action of obedience with the expectation of reward. For example, the soldiers who were ordered to perform brutal killing in the World War were actions of obedience despite which punishments were levied. The second stage of moral development passes through a stage of instrumental exchange.
8 pages (2000 words) Essay
Ethics and Law in Business and Society
Ethics is ideas upon which human beings act. Every company is a comprised of a group of people and is thus a society within a bigger society. All societies have mechanisms of inculcation of values and beliefs into their members. The socialization process inculcates values and beliefs into an individual.
8 pages (2000 words) Essay
Law Justice and Society
The first one is known as remedies for Anti-social behaviour like Asbos can effectively end the freedom of those on the people they are imposed on, and it is vital to be clear regarding the restrictions to the utilization of the powers. Second, handling Anti-social behaviour needs a strategic thinking as well as work which done in cooperation which in turn require that the agencies concerned are clear regarding the issues they are going to handle.
9 pages (2250 words) Essay
Law Society
Here, in this study the roles of the Law Society, based on the proposals of regulatory change in legal services are dealt with. The paper starts with an overview of the Law Society, and discusses its current lacking factors. It then goes to the proposed changes and the response of the Law Society accepting its new role.
7 pages (1750 words) Essay
Sport law and society
Instead, it is full of standardisation, record-setting, specialisation, objectivity, acute media interest, money involved, commercialisation, advertising, investment, fan involvement sometimes to the extent of insanity, requirement of complex skills, expectation of performance beyond logic, particularity and its entertainmental value.
14 pages (3500 words) Essay
Contempory Issues in Law and Society
The Government contended that the plant contained a banned drug, dimethyltryptamine, (DMT), which has been medically proven to be hallucinogenic, and thus banned for use in the country. The Controlled Substances Act, 1984
6 pages (1500 words) Essay
Treatment of Law Enforcement in Todays Society
Both have their positives and negatives, but in the end one model has certain advantages that the other doesn’t. This will be explained below. Crime has been an unfortunate aspect of human existence from time immemorial. Every civilization and country has had to come
3 pages (750 words) Essay
Society-Law & Government
The correctional population of the nation had recently reached its record high of more than 6.7 million adult male and female by the yearend of 2002 (The November Coalition, 2003). According to Lauren Glaze, a BJS
3 pages (750 words) Essay
Law in a changing society
his paper seeks to discuss the various aspects of the Australian legal system and decide if the processes are keeping up to date with the changes in the society. The paper will compare the adversarial system and the inquisitorial system. The adversarial system in Australia has
2 pages (500 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation