A COURT DIVIDED: HARLAN FISKE STONE, JUDICIAL REVIEW, AND ADMINISTRATIVE REGULATION OF THE ECONOMY, 1941-1946

Harvey Graham Hudspeth

Abstract


This essay examines the Supreme Court of Harlan Fiske Stone and its record in the area of government regulation of the economy. As most scholars know, the pre-1937 Court was often dominated by an infamous “Four Horseman” team of economic conservatives who rejected any and all efforts at government regulation. Ironically, by 1943, the Court was often dominated by an equally infamous team of economic radicals who favored government regulation at seemingly all costs — Even at the expense of judicial review.

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