The Mississippi Valley And The Federal Judiciary 1807 1837
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The Mississippi Valley Historical Review
Author | : |
Publisher | : |
Total Pages | : 664 |
Release | : 1926 |
Genre | : Electronic journals |
ISBN | : |
Includes articles and reviews covering all aspects of American history. Formerly the Mississippi Valley Historical Review,
Building the Judiciary
Author | : Justin Crowe |
Publisher | : Princeton University Press |
Total Pages | : 312 |
Release | : 2012-03-25 |
Genre | : Law |
ISBN | : 0691152934 |
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
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.
Mississippi’s Federal Courts
Author | : David M. Hargrove |
Publisher | : Univ. Press of Mississippi |
Total Pages | : 398 |
Release | : 2019-01-17 |
Genre | : History |
ISBN | : 1496819497 |
This resource produces the first comprehensive history of the state’s federal courts from the inception of the Mississippi Territory to the late twentieth century. Using archival material and legal documents, David M. Hargrove untangles the state’s complex legal history, which includes slavery and secession, the Civil War and Reconstruction, Jim Crow and civil rights. In this important overview of the United States courts in Mississippi, Hargrove surveys the state’s federal judiciary as it rules on key issues in Mississippi’s past. He examines the court as it mediates conflict between regional and national agendas as well as protects constitutional rights of the state’s African American citizens during the Reconstruction and civil rights eras. Hargrove traces how political activities of the state’s federal judges affected public perceptions of an independent judiciary. Growing demands for federal judicial and law enforcement infrastructure, he notes, called for courthouses that remain iconic presences in the state’s largest cities. Hargrove presents detailed judicial biographies of judges who shaped Mississippi’s federal bench. Commissioned by the state’s federal judiciary to write the book, he offers balanced perspectives on jurists whose reputations have suffered in hindsight, while illuminating the achievements of those who have received little public recognition.
The Oxford Handbook of the U.S. Constitution
Author | : Mark Tushnet |
Publisher | : Oxford University Press |
Total Pages | : 992 |
Release | : 2015-07-31 |
Genre | : Law |
ISBN | : 0190245778 |
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
A Supreme Court Unlike Any Other
Author | : Kevin J. McMahon |
Publisher | : University of Chicago Press |
Total Pages | : 378 |
Release | : 2024 |
Genre | : Law |
ISBN | : 0226831086 |
"Today's Supreme Court is unlike any other in American history. This is not just because of its jurisprudence. It is because today's Court is uniquely distanced from the democratic processes that buttress its legitimacy. For example, five of the nine justices took their seats after winning confirmation with the support of senators who won far fewer votes than their colleagues in opposition, and three of these five justices were also nominated by a president who lost the popular vote. In A Supreme Court Unlike Any Other, Kevin J. McMahon explains the broad historical developments that have brought us here. Drawing on historical and contemporary data and deep knowledge of Court battles during presidencies ranging from Franklin D. Roosevelt to Ronald Reagan to Donald Trump, he offers new insight into the shifting politics of nominating and confirming justices, the changing pool of nominees considered for the Supreme Court, and the increased salience of the Court in presidential and congressional elections. A Supreme Court Unlike Any Other is an eye-opening account of today's Court within the context of US history and the broader structure of contemporary politics"--
History of the Federal Courts
Author | : Erwin C. Surrency |
Publisher | : |
Total Pages | : 576 |
Release | : 2002 |
Genre | : Law |
ISBN | : |
This pioneering text presents, in one single volume, the history of the federal courts since their establishment in 1789 and the changes that have occurred in the 200 years since. The author examines the historical context from which the federal court system grew and explores the expansion of the court system in response to procedural, conceptual, and historical influences. The evolution of the different types of federal courts through time is of particular focus, along with the growth of the jurisdiction of the federal courts and the changes to the procedure before the Supreme Court over time. To understand judicial history, it is important to appreciate the nuances of procedure and legal terminology at a particular time. For this reason, the author adheres to the use of the terms of law and procedure understood during the period under discussion. For example, a term such as 'circuit court' is used in its context as a trial court prior to 1911 and again in the context of today's "Circuit Court of Appeals." Specific chapters include: - The Prelude to the Establishment - Federal Courts Under the Articles of Confederation - The Establishment of the Federal Courts - The Organization of the Circuits - Judicial Legislation - Growth of Federal Jurisdiction - Growth of Federal Criminal Jurisdiction - Civil Procedure in the Federal Courts - Bankruptcy in American Law - Criminal Procedure in the Federal Courts - Development of the Appellate Review - Procedure Before the United States Supreme Court - Federal Judges - Courts in the District of Columbia