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"The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Constitution"--

A chief justiceship begun in controversy -- Mixed signals on regulatory legislation, 1930-1934 -- Blocking the New Deal, 1935-1936 -- Evolution and revolution, 1937 -- After the "revolution" : economic decisions, 1937-1941 -- Expanding civil liberties : the due process revolution -- Eroding old barriers : steps toward racial equality -- A Jovian presence : Hughes as an administrator

The firestorm ignited by the 1987 nomination of Robert H. Bork provided a vivid reminder that public opinion and organized interest groups can have a potent and even decisive impact upon the selection of United States Supreme Court Justices and other federal judges. Al-though the Constitution vests the prerogative of nomination in the President and the power of confirmation in the Senate, the public also is a partner in the selection process in ways that often extend far beyond the citizenry's election of its President and representatives in the Senate.Public opinion has influenced the judicial selection process throughout the history of the Republic, although public participation in that process has been sporadic. The sharp contrast between the public controversy over the recent Rehnquist and Bork nominations and the widespread public silence concerning the Scalia and Kennedy nominations suggests that organized interest groups are not likely to have a significant role in every nomination. A clear trend, however, exists to-ward an increased public awareness of the importance of federal judicial nominations and a growing public participation in the selection process. In analyzing the role of the public in the federal judicial selection process, Part II of this Article first will explore the historical development of public participation in the nomination and confirmation processes. Part III will demonstrate that the increasing importance of public participation is consistent with the growth of participatory democracy, and it will explain why the excesses of the campaigns for and against Bork should not discredit the need for a broad public role in the judicial selection process. Part IV of the Article will argue that the Supreme Court's decision in the Association of the Bar case (ABA case)was decided wrongly because the application of the Federal Advisory Committee Act was consistent with the language and intention of that statute and would not have violated the doctrine of separation of powers. In Part V the ...

v. 1. An introduction to American Constitutional Law -- National power : Article I and the powers and limits of Congress -- Limits on federal power : the federal structure, the 10th Amendment, and state sovereign immunity -- Powers and limits of the federal courts -- The role of the President -- Limits on state power : preemption, the Dormant Commerce Clause, and the Privileges and Immunities Clause -- The incorporation of the Bill of Rights -- Substantive due process -- v. 2. Procedural due process -- Freedom of speech and press. pt. I. Overview : a graphic review of the 1st Amendment ; pt. II. The 1st Amendment and government control of the content of expression ; pt. III. The 1st Amendment : restrictions on time, place, and manner of expression--regulating governmental property ; pt. IV. The 1st Amendment and limits on political campaigns -- Freedom of religion -- Equal protection -- Governmental actors, private actors, and the scope of the 13th and 14th Amendments