Politics, the Court, and the Constitution: A Bibliographical Essay on the Pre- and Post-New Deal Supreme Court John B. Taylor To survey the literature ofthe pre- and post-New Deal Supreme Court, as conceived in this series of essays, is to examine historical, political, and legal scholarship covering more than six decades of Su preme Court history. That literature is vast, and the principal difficulty is not to discover the sources, or even to organize them, but to make choices about inclusion and exclusion and, because of constraints oftime and space, to reconcile oneselfto the neces sity ofomitting many useful works for reasons that are to some extent arbitrary. I have limited the dis cussion to books and journal articles that are likely to be available in good academic (or, in some cases, law) libraries; newspaper accounts, articles in popu lar magazines, and unpublished sources such as dis sertations and collections ofpapers and manuscripts are not included. Fortunately, a reader wishing to pursue topics covered here can start with a few of the sources listed and, with little effort or by sheer serendipity, quickly locate many more, both pub lishedandunpublished, formost ofthese works have extensive notes or bibliographies and many have helpful bibliographical essays. General bibliogra phies are also available, such as Stephen M. Millett, comp., A Selected Bibliography ofAmerican Con stitutional History (SantaBarbara, CA: Clio Books, 1975). D. Grier Stephenson, Jr., comp., The Su preme Court and the American Republic (New York: Garland Publishing, 1981), has briefannota tions; KermitL. Hall, comp., A Comprehensive Bib liography ofAmerican Constitutional and Legal History, 1896-1979, 5 vol. (Millwood, NY: Kraus International Publications, 1984) is an exhaustive but unannotated compilation of references grouped by subject. Fenton S. Martin and Robert U. Goehlert, comps., The U.S. Supreme Court:A Bibliography (Washington, D.C.: Congressional Quarterly, 1990), is an unannotated bibliography on topics about the Supreme Court, including works on and by the Jus tices, which also lists other bibliographies. General Works Since our topic spans several decades and fo cuses on a momentous event (the Court-packing crisis of 1937), general works on the Court and on American constitutional history have much to offer with respect to many of the specific topics mentioned hereafter. Leonard W. Levy, Kenneth L. Karst, and Dennis J. Mahoney, eds., Encyclopedia of the American Constitution, 4 vols. plus Supplement (New York: Macmillan, 1986, 1991) contains articles on Justices, judicial decisions, doctrinal concepts, and historical perspectives. A 100 JOURNAL 1997, VOL. 1 useful selection fromthese articles, focusing on short periods of constitutional history and on the Court under each ofits ChiefJustices, is the same editors’ American Constitutional History (New York: Macmillan, 1989). Alfred H. Kelly, Winfred A. Harbison, and Herman Belz, The American Con stitution: Its Origins and Development, 7th ed. (NewYork: W. W. Norton, 1991) is a richly descrip tive and analytical narrative that seeks to balance the conflicting impulses ofthe liberal nationalist and de centralized individualist themes inAmerican consti tutional development, while Melvin I. Urofsky, A March ofLiberty:A Constitutional History ofthe United States (NewYork: AlfredA. Knopf, 1988) is a clearlywritten and succinct discussion ofthe events, issues, and trends ofAmerican constitutional history, with attention to developments in the law beyond the realm ofconstitutional interpretation and to law and policy at the state as well as national level. Charles Warren, The Supreme Court in United States History (Boston: Little, Brown, 1922, 1926) is a classic history ofthe Court up to 1918 that pays con siderable attention to public reaction to its decisions. The OliverWendell Holmes Devise History ofthe Supreme Court of the United States (New York: Macmillan) is an exhaustive, ongoing, multivolume work. Relevant to this topic are Owen M. Fiss, Troubled Beginnings of the Modern State, 18881910 (1993), and Alexander M. Bickel and Benno C. Schmidt, Jr., The Judiciary and Responsible Government, 1910-21 (1984). David P. Currie, The Constitution in the Supreme Court: The First HundredYears, 1789-1888, and The Constitution in the Supreme Court: The Second Century, 18881986 (Chicago: University ofChicago Press, 1985, 1990) is a history of and commentary upon the Supreme Court and its work, written from the perspective ofa lawyer interested in methods ofcon stitutional analysis and the quality ofthe performance...
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