社科网首页
AMERICAN STUDIES QUARTERLY
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 stateindividual (corporation) relationship and “dual federalism” in the federalstate 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 “administrationcentered 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.
RETURN

中国社科院美国研究所 版权所有@2010 京ICP备05036911号