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| | Hughes's jurisprudence during both court tenures reveals that the resolution of the constitutional crisis of 1937 represented an important break not only from laissez-faire constitutionalism but also from Progressive-era liberalism. There was a parallel but more rapid ideological transition in Britain, where pre-World War I New Liberalism was eclipsed by rise of the Labour Party and its program of national economic planning and social welfare. The author also offers a perspective on the recent rich constitutional scholarship on the 1930's and on Hughes's career. Raised as a good-government mugwump, the advocate in his mature years of a "regulatory" American version of British New Liberalism, Hughes ended his public life reluctantly supporting the "statist, social welfare" liberalism of the New Deal, a system that for many leading Progressives represented the antithesis of the liberal ideal.<ref> Henretta (2006) </ref> | | Hughes's jurisprudence during both court tenures reveals that the resolution of the constitutional crisis of 1937 represented an important break not only from laissez-faire constitutionalism but also from Progressive-era liberalism. There was a parallel but more rapid ideological transition in Britain, where pre-World War I New Liberalism was eclipsed by rise of the Labour Party and its program of national economic planning and social welfare. The author also offers a perspective on the recent rich constitutional scholarship on the 1930's and on Hughes's career. Raised as a good-government mugwump, the advocate in his mature years of a "regulatory" American version of British New Liberalism, Hughes ended his public life reluctantly supporting the "statist, social welfare" liberalism of the New Deal, a system that for many leading Progressives represented the antithesis of the liberal ideal.<ref> Henretta (2006) </ref> |
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| − | In reaction to President [[Franklin D. Roosevelt]]'s proposed court-packing attempt in 1937, Hughes wrote a letter to Montana senator Burton K. Wheeler, a Democrat on the Senate Judiciary Committee, in opposition to the plan. Hughes based his opposition on the simple premise that there would be more judges to hear, confer, discuss, and decide, thus making sound decisions by the court extremely difficult. Although dramatic and forceful, the letter had little impact on the final decision to abandon the packing plan. It failed because Democrats feared Roosevelt was seizing too much power. | + | In reaction to President [[Franklin D. Roosevelt]]'s proposed court-packing attempt in 1937, Hughes wrote a letter to Montana senator [[Burton K. Wheeler]], a Democrat on the Senate Judiciary Committee who led the opposition. Hughes based his opposition on the simple premise that there would be more judges to hear, confer, discuss, and decide, thus making sound decisions by the court extremely difficult. Hughes' letter helped convince the legal profession nationwide that Roosevelt's plan was unwise. It failed in the Senate. |
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| − | While Hughes supported many of the social advances suggested by President [[Franklin D. Roosevelt]], he was strongly opposed to the creation of government agencies which appeared to be usurping the functions of the courts. He was one of the greatest jurists of his time, and his written decisions in many cases have become legal classics. | + | While Hughes supported some of the New Deal, he strongly opposed to the creation of government agencies which appeared to be usurping the functions of the courts. |
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| | + | Hughes ranks as one of the greatest conservative jurists of his time, and his written decisions in many cases have become legal classics. |
| | ==See also== | | ==See also== |
| | *[[Progressive movement]] | | *[[Progressive movement]] |
| − | *[[ Fourth Party System]] | + | *[[Fourth Party System]] |
| | ==Bibliography== | | ==Bibliography== |
| | * Blodgett, Geoffrey. "Hughes, Charles Evans, (Apr. 11, 1862 - Aug. 27, 1948), ''Dictionary of American Biography, Supplement 4'' | | * Blodgett, Geoffrey. "Hughes, Charles Evans, (Apr. 11, 1862 - Aug. 27, 1948), ''Dictionary of American Biography, Supplement 4'' |
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| | * Leuchtenburg, William E. ''The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt'' (1995). | | * Leuchtenburg, William E. ''The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt'' (1995). |
| | * Parrish, Michael E. ''The Hughes Court: Justices, Rulings, and Legacy'' (2002). | | * Parrish, Michael E. ''The Hughes Court: Justices, Rulings, and Legacy'' (2002). |
| − | * Perkins, Dexter. ''Charles Evans Hughes and American Democratic Statesmanship'' (1956). | + | * Perkins, Dexter. ''Charles Evans Hughes and American Democratic Statesmanship'' (1956), short biography |
| | * Pusey, Merlo J. ''Charles Evans Hughes'' (2 vol 1951), the standard scholarly biography | | * Pusey, Merlo J. ''Charles Evans Hughes'' (2 vol 1951), the standard scholarly biography |
| | * Ross, William G. Ross. ''The Chief Justiceship of Charles Evans Hughes, 1930-1941'' (2007) [http://www.amazon.com/Justiceship-Charles-Hughes-1930-1941-Supreme/dp/1570036799/ref=pd_bbs_sr_1/103-4827826-5463040?ie=UTF8&s=books&qid=1192734173&sr=8-1 excerpt and text search] | | * Ross, William G. Ross. ''The Chief Justiceship of Charles Evans Hughes, 1930-1941'' (2007) [http://www.amazon.com/Justiceship-Charles-Hughes-1930-1941-Supreme/dp/1570036799/ref=pd_bbs_sr_1/103-4827826-5463040?ie=UTF8&s=books&qid=1192734173&sr=8-1 excerpt and text search] |
| | * Wesser, Robert. ''Charles Evans Hughes: Politics and Reform in New York, 1905–1910'' (1967). | | * Wesser, Robert. ''Charles Evans Hughes: Politics and Reform in New York, 1905–1910'' (1967). |
| − | * White, G. Edward. ''The Constitution and the New Deal'' (2000) | + | * White, G. Edward. ''The Constitution and the New Deal'' (2000), advanced scholarly study |
| | ===Primary sources=== | | ===Primary sources=== |
| | * Danelski, David J., and Joseph S. Tulchin, eds. ''The Autobiographical Notes of Charles Evans Hughes'' (1973) | | * Danelski, David J., and Joseph S. Tulchin, eds. ''The Autobiographical Notes of Charles Evans Hughes'' (1973) |
| − | * Hughes, Charles Evans. ''Conditions of Progress in Democratic Government'' (1909) | + | * Hughes, Charles Evans. ''Conditions of Progress in Democratic Government'' (1909) [http://books.google.com/books?id=9Xs0AAAAIAAJ&printsec=frontcover&dq=inauthor:charles+inauthor:evans+inauthor:hughes&lr=&num=30&as_brr=0 full text online] |
| | * Hughes, Charles Evans. ''The Pathway of Peace, and Other Addresses'' (1925) | | * Hughes, Charles Evans. ''The Pathway of Peace, and Other Addresses'' (1925) |
| | * Hughes, Charles Evans. ''The Supreme Court of the United States'' (1927) | | * Hughes, Charles Evans. ''The Supreme Court of the United States'' (1927) |
| | * Hughes, Charles Evans. ''Pan-American Peace Plans'' (1929). | | * Hughes, Charles Evans. ''Pan-American Peace Plans'' (1929). |
| − | * Schurman, Jacob Gould, ed. ''The Addresses of Charles Evans Hughes, 1906–1916'' (1916) | + | * Hughes, Charles Evans. '' Addresses and Papers of Charles Evans Hughes, Governor of New York, 1906-1908'' (1909) [http://books.google.com/books?id=WhZCAAAAIAAJ&printsec=frontcover&dq=inauthor:charles+inauthor:evans+inauthor:hughes&lr=&num=30&as_brr=0 full text online] |
| | + | * Schurman, Jacob Gould, ed. ''The Addresses of Charles Evans Hughes, 1906–1916'' (1916) [http://books.google.com/books?id=E8REAAAAIAAJ&printsec=frontcover&dq=inauthor:charles+inauthor:evans+inauthor:hughes&lr=&num=30&as_brr=0 full text online] |
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| | ===notes==== | | ===notes==== |
| | <references/> | | <references/> |