The Documentary History of the Supreme Court of the United States, 1789-1800

The Documentary History of the Supreme Court of the United States, 1789-1800
Author: Maeva Marcus
Publisher: Columbia University Press
Total Pages: 692
Release: 1985
Genre: History
ISBN: 9780231088732

Volume 6 covers the beginnings of federal admiralty and equity jurisprudence, habeas corpus, judicial review, forreign affairs, and the relationship between the national judiciary and state courts. Also included is an appendix of documents pertaining to the question of whether the Supreme Court could issue advisory opinions at the request of the executive branch. A narrative history introduces each case, and the documents are arranged chronologically thereafter. The texts of many of them had to be reconstructed from originals that were severely damaged or written in shorthand. Taken from official court records, as well as related correspondence, lawyers' notes, justices' notes and opinions, newspaper commentary, and pamphlets, these documents provide critical material with which to assess the initial development of federal court practice and procedure.

The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800

The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800
Author: Aaron N. Coleman
Publisher: Lexington Books
Total Pages: 273
Release: 2016-03-04
Genre: History
ISBN: 1498500633

Tracing the political, ideological, and constitutional arguments from the imperial crisis with Britain and the drafting of the Articles of Confederation to the ratification of the Constitution and the political conflict between Federalists and Jeffersonians, The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800 reveals the largely forgotten importance of state sovereignty to American constitutionalism. Contrary to modern popular perceptions and works by other academics, the Founding Fathers did not establish a constitutional system based upon a national popular sovereignty nor a powerful national government designed to fulfill a grand philosophical purpose. Instead, most Americans throughout the period maintained that a constitutional order based upon the sovereignty of states best protected and preserved liberty. Enshrining their preference for state sovereignty in Article II of the Articles of Confederation and in the Tenth and Eleventh Amendments to the federal constitution, Americans also claimed that state interposition—the idea that the states should intervene against any perceived threats to liberty posed by centralization—was an established and accepted element of state sovereignty.

Stranger Citizens

Stranger Citizens
Author: John McNelis O'Keefe
Publisher: Cornell University Press
Total Pages: 352
Release: 2020-12-15
Genre: Political Science
ISBN: 1501756532

Stranger Citizens examines how foreign migrants who resided in the United States gave shape to citizenship in the decades after American independence in 1783. During this formative time, lawmakers attempted to shape citizenship and the place of immigrants in the new nation, while granting the national government new powers such as deportation. John McNelis O'Keefe argues that despite the challenges of public and official hostility that they faced in the late 1700s and early 1800s, migrant groups worked through lobbying, engagement with government officials, and public protest to create forms of citizenship that worked for them. This push was made not only by white men immigrating from Europe; immigrants of color were able to secure footholds of rights and citizenship, while migrant women asserted legal independence, challenging traditional notions of women's subordination. Stranger Citizens emphasizes the making of citizenship from the perspectives of migrants themselves, and demonstrates the rich varieties and understandings of citizenship and personhood exercised by foreign migrants and refugees. O'Keefe boldly reverses the top-down model wherein citizenship was constructed only by political leaders and the courts. Thanks to generous funding from the Sustainable History Monograph Pilot and the Mellon Foundation the ebook editions of this book are available as Open Access (OA) volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other Open Access repositories.

Federal Justice in the Mid-Atlantic South

Federal Justice in the Mid-Atlantic South
Author: Peter Graham Fish
Publisher:
Total Pages: 364
Release: 2002
Genre: Appellate courts
ISBN:

Also probed is the part played by the early federal courts in America's neutrality-based foreign policy and in promoting economic enterprise by affording national forums for credit transactions, for corporations, for patent claimants, for those who suffered losses on the sea including maritime labor, and for real property owners and claimants. Political and social control issues, some of historic significance, reached the courts in the mid-Atlantic South. Professor Fish treats the national security impulses that dominated the seditious libel trial of James Callender, the treason trial of Aaron Burr, and the trials of numerous privateers-pirates for violating the nation's piracy and neutrality laws including the first capital case heard by a regularly constituted circuit court. The author explores judges' invocation of higher law, their embrace of a common law of crimes and their perplexity in construing uncertain language in statutes prohibiting the international slave trade.

The Documentary History of the Supreme Court of the United States, 1789-1800: Suits against states

The Documentary History of the Supreme Court of the United States, 1789-1800: Suits against states
Author: Maeva Marcus
Publisher: Columbia University Press
Total Pages: 740
Release: 1985
Genre: History
ISBN: 9780231088725

Divided into two volumes, The Teachings of Modern Christianity on Law, Politics, and Human Nature offers a landmark collection of writings from twenty Christian thinkers of the nineteenth and twentieth centuries and analyses of their work by leading contemporary religious scholars.With selections from the works of Jacques Maritain, Gustavo Gutiérrez, Dorothy Day, Pope John Paul II, Susan B. Anthony, Karl Barth, Dietrich Bonhoeffer, Reinhold Niebuhr, Martin Luther King Jr., Nikolai Berdyaev, Vladimir Lossky, and others, Volume 2 illustrates the different venues, vectors, and sometimes-conflicting visions of what a Christian understanding of law, politics, and society entails. The collection includes works by popes, pastors, nuns, activists, and theologians writing from within the Catholic, Protestant, and Orthodox Christian traditions. Addressing racism, totalitarianism, sexism, and other issues, many of the figures in this volume were the victims of church censure, exile, imprisonment, assassination, and death in Nazi concentration camps. These writings amplify the long and diverse tradition of modern Christian social thought and its continuing relevance to contemporary pluralistic societies. The volume speaks to questions regarding the nature and purpose of law and authority, the limits of rule and obedience, the care and nurture of the needy and innocent, the rights and wrongs of war and violence, and the separation of church and state. The historical focus and ecumenical breadth of this collection fills an important scholarly gap and revives the role of Christian social thought in legal and political theory.The first volume of The Teachings of Modern Christianity on Law Politics, and Human Nature includes essays by leading contemporary religious scholars, exploring the ideas, influences, and intellectual and cultural contexts of the figures from this volume.

Entrepôt of Revolutions

Entrepôt of Revolutions
Author: Manuel Covo
Publisher: Oxford University Press
Total Pages: 322
Release: 2022
Genre: Business & Economics
ISBN: 0197626386

The Age of Revolutions has been celebrated for the momentous transition from absolute monarchies to representative governments and the creation of nation-states in the Atlantic world. Much less recognized than the spread of democratic ideals was the period's growing traffic of goods, capital, and people across imperial borders and reforming states' attempts to control this mobility. Analyzing the American, French, and Haitian revolutions in an interconnected narrative, Manuel Covo centers imperial trade as a driving force, arguing that commercial factors preceded and conditioned political change across the revolutionary Atlantic. At the heart of these transformations was the entrepôt, the island known as the Pearl of the Caribbean, whose economy grew dramatically as a direct consequence of the American Revolution and the French-American alliance. Saint-Domingue was the single most profitable colony in the Americas in the second half of the eighteenth century, with its staggering production of sugar and coffee and the unpaid labor of enslaved people. The colony was so focused on its lucrative exports that it needed to import food and timber from North America, which generated enormous debate in France about the nature of its sovereignty over Saint-Domingue. At the same time, the newly independent United States had to come to terms with contradictory interests between the imperial ambitions of European powers, its connections with the Caribbean, and its own domestic debates over the future of slavery. This work sheds light on the three-way struggle among France, the United States, and Haiti to assert, define, and maintain commercial sovereignty. Drawing on a wealth of archives in France, the United States, and the United Kingdom, Entrepôt of Revolutions offers an innovative perspective on the primacy of economic factors in this era, as politicians and theorists, planters and merchants, ship captains, smugglers, and the formerly enslaved all attempted to transform capitalism in the Atlantic world.