The Commerce Clause And The Taney Court 1837 1851
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Author | : Austin Allen |
Publisher | : University of Georgia Press |
Total Pages | : 288 |
Release | : 2006 |
Genre | : Law |
ISBN | : 0820326534 |
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue-slavery-but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order-all at the same time.
Author | : Roger Brooke Taney |
Publisher | : Legare Street Press |
Total Pages | : 0 |
Release | : 2022-10-27 |
Genre | : History |
ISBN | : 9781017251265 |
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Author | : Austin Allen |
Publisher | : University of Georgia Press |
Total Pages | : 287 |
Release | : 2010-01-25 |
Genre | : History |
ISBN | : 0820336645 |
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue—slavery—but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the Court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the Court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order—all at the same time. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.
Author | : Michael F. Conlin |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2019-07-18 |
Genre | : History |
ISBN | : 1108495273 |
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Author | : Daniel A. Cotter |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Judges |
ISBN | : 9781946074256 |
Since the beginning of the Supreme Court of the United States in 1789, seventeen men have held the Chief Justice position. The First three held the position for a total of eleven years, and the next two (Marshall and Taney) held the Chief Justice position for the next sixty-three years (the two longest chiefs in our history). This book seeks to examine the position of Chief Justice more closely, to describe the position's origins and duties, and explore the court under each of the seventeen chiefs. Exploration includes the background and careers of the chiefs before becoming Chief Justice, discusses the cultural times and puts their rise and tenure in our nation's context, while discussing some of the key associate justices who sat with each of the seventeen. Each chapter also focuses on some key decisions of the Chief Justices' courts.
Author | : Kermit L. Hall |
Publisher | : Oxford University Press |
Total Pages | : 1270 |
Release | : 2005-05-19 |
Genre | : Law |
ISBN | : 0199725357 |
The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.
Author | : |
Publisher | : |
Total Pages | : 939 |
Release | : |
Genre | : |
ISBN | : 0195088786 |
Author | : Felix Frankfurter |
Publisher | : UNC Press Books |
Total Pages | : 106 |
Release | : 2018-02-01 |
Genre | : Law |
ISBN | : 1469632446 |
The power of the commerce clause touches most intimately the relations between government and economic enterprises, and the process by which the conflicting claims of the nation and states are mediated through the Supreme Court is of continuing interest. This study is a clear exposition of the various interpretations of the commerce clause under three great chief justices. Originally published in 1937. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author | : |
Publisher | : |
Total Pages | : 176 |
Release | : 1920 |
Genre | : Law reviews |
ISBN | : |
Author | : Rogers M. Smith |
Publisher | : Harvard University Press |
Total Pages | : 350 |
Release | : 1985 |
Genre | : Law |
ISBN | : 9780674530157 |
'A major work in the field of American political and legal philosophy. Smith analyzes the liberal goals of the framers of the Constitution and the weaknesses of their political thought...This book will undoubtedly be the focus of debate in scholarly and legal circles for years to come...It is a work of grand scholarship.' -Thomas A. Karel, Law Books in Review