Judicial review and the power of the purse

Law and History Review

Volumn 23, Issue 2, 2005, Pages 451-458

  Dauber, Michele Landis ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 60950401039     PISSN: 07382480     EISSN: None     Source Type: Journal    
DOI: 10.1017/S0738248000000353     Document Type: Review

References (5)

1. In The Constitution Besieged, Gillman argues that during the Lochner era, the Court was motivated by hostility to "class" legislation that "promoted only the narrow interests of particular groups or classes rather than the general welfare. " In his view, the prior political commitments of justices led them to "strike down legislation that (from their perspective) was designed to advance the special or partial interests of particular groups or classes. " See Howard Gillman, The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence (Durham: Duke University Press, 1993), 7 and 10.
2. 301 U. S. 308 (1937).
3. Helvering v. Davis, 301 U. S. 619, at 640-41.
4. The book, also titled The Sympathetic State, will treat the use of the disaster precedent in the legal and political defense of the New Deal in close detail. See also works cited in Michele Landis Dauber, "The Sympathetic State," Law and History Review 23 (2005): 391, n. 12.
5. Radio Address, 1937, Harry L. Hopkins Papers, box 12, Speeches and Articles, Franklin and Eleanor Roosevelt Library, Hyde Park NY.