Conservatism in the United States Supreme Court,1889-1937
作者:胡晓进 任东来
来源:
时间:2015-07-02
Conservatism in the United States Supreme Court,1889-1937 Hu Xiaojin and Ren Donglai In the period of 1889-1937, the Supreme Court of the United States was noted for its conservatism as well as judicial activism. The conservatism and judicial activism was embodied vividly in a series of cases decided by the Supreme Court. On domestic affairs, the Supreme Court favored the economic “substantive due process” in the stateindividual (corporation) relationship and “dual federalism” in the federalstate relationship. On foreign affairs, however, the Supreme Court supported the broad interpretations by both Congress to and the President of their respective powers, which gave much authorization to the President. This facilitated the formation of an “administrationcentered realist” foreign policy and speeded up the transformation from “congressional government” to “imperial presidency.” One century has passed, and conservatism is once again dominating the performance of the Rehnquist Court today. The historical synthesis offered in this article might be helpful in understanding the contemporary judicial conservatism.