Journal Of Supreme Court History
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Author | : Henry Julian Abraham |
Publisher | : Rowman & Littlefield |
Total Pages | : 492 |
Release | : 2008 |
Genre | : History |
ISBN | : 9780742558953 |
Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.
Author | : the late Bernard Schwartz |
Publisher | : Oxford University Press |
Total Pages | : 477 |
Release | : 1995-02-23 |
Genre | : Law |
ISBN | : 0199840555 |
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Author | : Ian Millhiser |
Publisher | : Bold Type Books |
Total Pages | : 370 |
Release | : 2016-06-28 |
Genre | : Political Science |
ISBN | : 1568585853 |
Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
Author | : Peter Charles Hoffer |
Publisher | : University Press of Kansas |
Total Pages | : 520 |
Release | : 2018-08-28 |
Genre | : History |
ISBN | : 0700626824 |
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
Author | : Clare Cushman |
Publisher | : Rowman & Littlefield Publishers |
Total Pages | : 0 |
Release | : 2017-10-31 |
Genre | : |
ISBN | : 9781442212466 |
In the first Supreme Court history told primarily through eyewitness accounts from Court insiders, Clare Cushman provides readers with a behind-the-scenes look at the people, practices, and traditions that have shaped an American institution for more than 200 years. Each chapter covers one general thematic topic and weaves a narrative from memoirs, letters, diaries, and newspaper accounts by the Justices, their spouses and children, court reporters, clerks, oral advocates, court staff, journalists, and other eyewitnesses. These accounts allow readers to feel as if they are squeezed into the packed courtroom in 1844 as silver-tongued orator Daniel Webster addresses the court; eavesdropping on an exasperated Oliver Wendell Holmes, Jr., in 1930 as he snaps at a clerk's critique of his draft opinion; or sharing a taxi with future Chief Justice John G. Roberts, Jr., in 2005 as he rushes home from the airport in anticipation of a phone call from President Bush offering him the nomination to the Supreme Court. This entertaining and enlightening tour of the Supreme Court's colorful personalities and inner workings will be of interest to all readers of American political and legal history.
Author | : Gerald T. Dunne |
Publisher | : University of Missouri Press |
Total Pages | : 250 |
Release | : 1993 |
Genre | : Law |
ISBN | : 9780826208262 |
In The Missouri Supreme Court, distinguished legal historian Gerald T. Dunne captures the people and personalities, conflicts and controversies of Missouri's rich legal history. Using a lively anecdotal approach to examine the key cases and political disputes, as well as the strong-minded incumbents who have served on the court's bench, he places Missouri's judicial system in the context of the overall political and legal developments in the United States as a whole. Dunne sets the scene by presenting Missouri before it became a state, tracing the evolution of Indian, Spanish, and French legal influences until the final adoption of a legal system based on the English common law. Then, through a compelling narrative, he recounts not only the factual background of major cases but also interesting biographical information about the disputants. Dunne reveals the fascinating history of the Missouri Supreme Court from the basic violation of human rights in the Dred Scott case up through the ethical questions addressed in the case of Nancy Cruzan's right to die. These are only two of the important decisions of the United States Supreme Court that had their origins in Missouri and are discussed here. These cases are landmarks not only because of what the higher courts said about them, but because of their intrinsic historical interest. Dunne concludes with portraits of key judges who served on the supreme court. He tells how diminutive Abiel Leonard killed a man in a duel on his way to the Missouri Supreme Court bench. And we learn of "The Sage of Sedalia," Henry Lamm, if not the greatest, certainly the most quotable member of the court who left behind a sparkling sequence of aphorisms. By incorporating such colorful details and enlivening his subject with gusto, charm, and humor, Dunne personalizes the Missouri Supreme Court beyond its institutional function. The Missouri Supreme Court is an enduring work that reflects the human condition, in both the law and the society it serves, in all its weakness and strength, error and achievement, and occasional glory.
Author | : Walter Stahr |
Publisher | : Simon and Schuster |
Total Pages | : 848 |
Release | : 2022-02-22 |
Genre | : Biography & Autobiography |
ISBN | : 1501199234 |
From an acclaimed, New York Times bestselling biographer, a timely reassessment of Abraham Lincoln's indispensable Secretary of the Treasury: a leading proponent for black rights both before and during his years in cabinet and later as Chief Justice of the United States. Salmon P. Chase is best remembered as a rival of Lincoln's for the Republican nomination in 1860--but there would not have been a national Republican Party, and Lincoln could not have won the presidency, were it not for the vital groundwork Chase laid over the previous two decades. Starting in the early 1840s, long before Lincoln was speaking out against slavery, Chase was forming and leading antislavery parties. He represented fugitive slaves so often in his law practice that he was known as the attorney general for runaway negroes, and he furthered his reputation as an outspoken federal senator and progressive governor of Ohio. Tapped by Lincoln to become Secretary of the Treasury, Chase would soon prove vital to the Civil War effort, raising the billions of dollars that allowed the Union to win the war, while also pressing the president to emancipate the country's slaves and recognize black rights. When Lincoln had the chance to appoint a chief justice in 1864, he chose his faithful rival, because he was sure Chase would make the right decisions on the difficult racial, political, and economic issues the Supreme Court would confront during Reconstruction. Drawing on previously overlooked sources, Walter Stahr sheds new light on a complex and fascinating political figure, as well as on the pivotal events of the Civil War and its aftermath. Salmon P. Chase tells the forgotten story of a man at the center of the fight for racial justice in 19th century America.
Author | : John J. Hare |
Publisher | : Penn State Press |
Total Pages | : 457 |
Release | : 2018-01-25 |
Genre | : Law |
ISBN | : 0271081996 |
Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law. Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys, this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.
Author | : Steven P. Brown |
Publisher | : University of Alabama Press |
Total Pages | : 329 |
Release | : 2012-10-12 |
Genre | : Biography & Autobiography |
ISBN | : 0817317716 |
Provides a penetrating analysis of US Supreme Court justice John McKinley Steven P. Brown rescues from obscurity John McKinley, one of the three Alabama justices, along with John Archibald Campbell and Hugo Black, who have served on the US Supreme Court. A native Kentuckian who moved in 1819 to northern Alabama as a land speculator and lawyer, McKinley was elected to the state legislature three times and became first a senator and then a representative in the US Congress before being elevated to the Supreme Court in 1837. He spent his first five years on the court presiding over the newly created Ninth Circuit, which covered Alabama, Arkansas, Louisiana, and Mississippi. His was not only the newest circuit, encompassing a region that, because of its recent settlement, included a huge number of legal claims related to property, but it was also the largest, the furthest from Washington, DC, and by far the most difficult to traverse. While this is a thorough biography of McKinley’s life, it also details early Alabama state politics and provides one of the most exhaustive accounts available of the internal workings of the antebellum Supreme Court and the very real challenges that accompanied the now-abandoned practice of circuit riding. In providing the first in depth assessment of the life and Supreme Court career of Justice John McKinley, Brown has given us a compelling portrait of a man active in the leading financial, legal, and political circles of his day.
Author | : Paul Finkelman |
Publisher | : Harvard University Press |
Total Pages | : 301 |
Release | : 2018-01-08 |
Genre | : Law |
ISBN | : 0674982088 |
The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.