The interwar years and the New Deal. 1921–1940

Immigration quotas, the Great Depression and the New Deal. The Court first strikes down and then upholds economic regulation, and begins applying the Bill of Rights to the states.

8 cases2 amendments3 rights and powersSee on the timeline

The questions. As the record frames them.

The constitutional questions this era’s decisions and laws turned on.

  • How much can Congress regulate the economy?
  • Do the states have to respect the Bill of Rights?

The record. 13 entries, in order.

Every case, amendment and event in Constilumen dated 1921 to 1940.

1924

Indian Citizenship Act

Rights and powers · June 2, 1924 · Expansion of rights

Grants citizenship to all Native Americans born in the United States. Some states continue to bar Native Americans from voting until 1957.

Source: Library of Congress

1925

Gitlow v. New York

Landmark cases · 268 U.S. 652 (1925) · 7–2

Yes, the conviction stood, but the Court assumed that freedom of speech and press are protected against the states by the Fourteenth Amendment.

Source: Opinion of the Court

1927

Whitney v. California

Landmark cases · 274 U.S. 357 (1927) · 9–0

Yes. Justice Brandeis, concurring, wrote that the remedy for feared speech is “more speech, not enforced silence.”

Source: Opinion of the Court

1932

Powell v. Alabama

Landmark cases · 287 U.S. 45 (1932) · 7–2

Yes. In a capital case, due process requires the state to provide effective assistance of counsel.

Source: Opinion of the Court

The language. What stood out in print.

Tracked terms printed most often in 1921–1940 compared with their own average across 1789–2022. A value of 2× means the word appeared twice as often as usual.

Compare any terms on the Language page

  1. fascism2.6×
  2. democracy1.2×
  3. unconstitutional1.2×
  4. segregation1.2×
  5. nationalism1.1×
  6. due process1.1×

Executive orders. Presidencies of the era.

Totals for each full presidency, including years outside the era. Counts before 1945 include unnumbered orders.

PresidentTook officeOrdersPer year
Warren G. Harding1921522217
Calvin Coolidge19231,203215
Herbert Hoover19291,003251
Franklin D. Roosevelt19333,726307

Source: The American Presidency Project. All presidencies

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