Campaigns and the Court: The U.S. Supreme Court in Presidential Elections

By Donald Crier Stephenson Jr. | Go to book overview

CHAPTER 6
The Election of 1936: A Constitutional Divide

In the midst of the Great Depression, a dozen decisions by the Supreme Court invalidated all or parts of eleven statutes enacted by a Democratic Congress to promote economic recovery. For the first time since the Jacksonian era, the Court squarely opposed the defining policies of the administration in power. For the first time since 1860, the Court found itself on the losing side in a presidential election. In this situation, would the Court be the restraining hand of the old regime, or would it quickly align itself with the new? The consequences were unprecedented: (1) the boldest attempt by a president to alter constitutional law by a direct assault on the Supreme Court; (2) the most abrupt fundamental change in constitutional interpretation; and (3) the first steps toward a new role for the Supreme Court in the American political system. The context for this jurisprudential imbroglio was the sudden collapse of the fourth party system and the rapid emergence of the fifth. Roosevelt was not only the third Democrat to move into the White House since James Buchanan departed in 1861; his electoral triumphs inaugurated an era of Democratic dominance in national affairs that persisted, with few lapses, until 1969.


ONSET OF THE FIFTH PARTY SYSTEM

“Onset” aptly describes the arrival of the fifth party system.1 Except perhaps for the Democratic collapse wrought by Lincoln’s election in 1860 and then the Civil War, never has one party’s domination been so rapidly eclipsed as when Democrats displaced Republicans in the 1930s. The fourth party system had unfolded in the 1890s because voters rejected a Democratic party that had been partly remade by the Populists. The fifth

-136-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Campaigns and the Court: The U.S. Supreme Court in Presidential Elections
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 366

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.