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When Hughes replaced the ailing Taft as chief justice, he was described as possessing a "judicial tendency" toward a conservative philosophy a little "less cheerful than Mr. Taft's." What was overlooked in this assessment was the chief justice's earlier record as a progressive who had twice urged the New York legislature to consider public regulation of business and, as governor, had established regulatory commissions equipped with both investigatory and rate-fixing powers. Aligned against the four conservative justices on the Court were three who fit squarely in the liberal camp. Only Justice Owen Roberts and the chief justice were considered moderates, their voting tendencies too unpredictable for them to be so easily classified. Among the first pieces of Depression-generated legislation to reach the Court in 1934 were two of special concern. The first (Home Building & Loan Assn. v. Blaisdell) involved a moratorium upon the foreclosure of mortgages...
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This section contains 225 words (approx. 1 page at 300 words per page) |
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