The Marshall Court And Cultural Change 1815 1835
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Author | : G. Edward White |
Publisher | : Oxford University Press, USA |
Total Pages | : 807 |
Release | : 1988 |
Genre | : History |
ISBN | : 9780195070590 |
G. Edward White's monumental study on the Marshall Court, originally published as Volumes III-IV of the Oliver Wendell Holmes Devise History of the Supreme Court, shows how the decisions made between 1815 and 1835 reveal an active reinterpretation of the Constitution and its principles of republicanism to suit the requirements of a rapidly changing nation. Placing the Marshall Court within the cultural and ideological context of early nineteenth-century America, White argues that the Court recast the language of the Constitution to give certain crucial terms the appearance of timeless legal principles, and promoted a style of judicial decision-making that concealed the discretionary elements of constitutional interpretation from public scrutiny, thus fostering the impression of an objective, non-partisan Court. Now available in an abridged paperback edition, The Marshall Court and Cultural Change, 1815-1835 will be essential for courses in American legal and constitutional history.
Author | : G. Edward White |
Publisher | : |
Total Pages | : 1078 |
Release | : 1988 |
Genre | : Constitutional history |
ISBN | : |
Author | : R. Kent Newmyer |
Publisher | : LSU Press |
Total Pages | : 681 |
Release | : 2007-04-01 |
Genre | : Law |
ISBN | : 0807149241 |
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
Author | : Charles F. Hobson |
Publisher | : |
Total Pages | : 278 |
Release | : 1996 |
Genre | : Biography & Autobiography |
ISBN | : |
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author | : Lawrence M. Friedman |
Publisher | : Oxford University Press |
Total Pages | : 865 |
Release | : 2019-09-23 |
Genre | : Law |
ISBN | : 0190070919 |
Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
Author | : John Kevin Crowley |
Publisher | : Dorrance Publishing |
Total Pages | : 140 |
Release | : 2021-03-04 |
Genre | : Law |
ISBN | : 1649134800 |
The Final Keystone By: John Kevin Crowley Every case in the history of Jurisprudence involves three things: Trust, Betrayal, and Accountability. Through his education, studies, and observations and experiences, author John Kevin Crowley has learned the interconnection of history, law, philosophy, and religion with the human condition. How that relationship has played out in human history leading to present day is a focus of The Final Keystone. This treatise is the story of us and the source of the lessons left unlearned. It is a reminder of what does not work and how what does work must be ever vigilantly guarded.
Author | : Gerard N. Magliocca |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2022-03-29 |
Genre | : Judges |
ISBN | : 0190947047 |
The first biography of George Washington's extraordinary nephew, who inherited Mount Vernon and was Chief Justice John Marshall's right-hand man on the Supreme Court for nearly thirty years. George Washington's nephew and heir was a Supreme Court Justice for over thirty years and left an indelible mark on American law. Despite his remarkable life and notable lineage, he is unknown to most Americans because he cared more about establishing the rule of law than about personal glory. In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia's ratifying convention for the Constitution, and was Chief Justice John Marshall's partner in establishing the authority of the Supreme Court. Though he could only see from one eye, Justice Washington wrote many landmark decisions defining the fundamental rights of citizens and the structure of the Constitution, including Corfield v. Coryell--an influential source for the Congress that proposed the Fourteenth Amendment. As George Washington's personal heir, Bushrod inherited both Mount Vernon and the family legacy of owning other people, one of whom was almost certainly his half-brother or nephew. Yet Justice Washington alone among the Founders was criticized by journalists for selling enslaved people and, in turn, issued a public defence of his actions that laid bare the hypocrisy and cruelty of slavery. An in-depth look at Justice Washington's extraordinary story that gives insight into his personal thoughts through his own secret journal, Washington's Heir sheds new light not only on George Washington, John Marshall, and the Constitution, but also on America's ongoing struggle to become a more perfect union.
Author | : Terry Corps |
Publisher | : Rowman & Littlefield |
Total Pages | : 468 |
Release | : 2009 |
Genre | : History |
ISBN | : 0810868504 |
The brief period from 1829 to 1849 was one of the most important in American history. During just two decades, the American government was strengthened, the political system consolidated, and the economy diversified. All the while literature and the arts, the press and philanthropy, urbanization, and religious revivalism sparked other changes. The belief in Manifest Destiny simultaneously caused expansion across the continent and the wretched treatment of the Native Americans, while arguments over slavery slowly tore a rift in the country as sectional divisions grew and a national crisis became almost inevitable. The A to Z of the Jacksonian Era and Manifest Destiny takes a close look at these sensitive years. Through a chronology that traces events year-by-year and sometimes even month-by-month actions are clearly delineated. The introduction summarizes the major trends of the epoch and the four administrations therein. The details are then supplied in several hundred cross-referenced dictionary entries, and the bibliography concludes this essential tool for anyone interested in history.
Author | : Paul Finkelman |
Publisher | : Routledge |
Total Pages | : 1189 |
Release | : 2018-04-17 |
Genre | : Political Science |
ISBN | : 135126978X |
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Author | : David Lynch |
Publisher | : Bloomsbury Publishing |
Total Pages | : 287 |
Release | : 2018-02-08 |
Genre | : Law |
ISBN | : 1509910867 |
While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.