The Reconstruction Of Federal Judicial Power 1863 1875
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The Reconstruction of Federal Judicial Power, 1863-1875
Author | : William M. Wiecek |
Publisher | : |
Total Pages | : 550 |
Release | : 1967 |
Genre | : Judicial power |
ISBN | : |
Judicial Power and Reconstruction Politics
Author | : Stanley I. Kutler |
Publisher | : University of Chicago Press |
Total Pages | : 191 |
Release | : 2022-03-25 |
Genre | : Law |
ISBN | : 0226465438 |
A study of the Supreme Court in the wake of the Dred Scott decision. This book investigates the political and public standing of the Supreme Court following the Dred Scott decision. Arguing against interpretations by previous historians, Kutler asserts instead that the "Chase Court" was neither enfeebled by the decision itself, nor by congressional Republicans during reconstruction. Instead, Kutler suggests that during reconstruction, the Court was characterized by forcefulness and judicious restraint rather than timidity and cowardice, holding a creative and determining role rather than abdicating its rightful powers. This volume assembles a series of essays by Kutler arguing for this characterization. Provocative and persuasive at turns, this collection of essays provides a bold and innovative reinterpretation of the Supreme Court after the Civil War.
Religion, Race, and Reconstruction
Author | : Ward M. McAfee |
Publisher | : SUNY Press |
Total Pages | : 332 |
Release | : 1998-01-01 |
Genre | : Education |
ISBN | : 9780791438473 |
Simultaneously resurrects a lost dimension of a most important segment of American history and illuminates America's present and future by showing the role religious issues played in Reconstruction during the 1870s.
Antonin Scalia and American Constitutionalism
Author | : Edward A. Purcell, Jr. |
Publisher | : Oxford University Press |
Total Pages | : 329 |
Release | : 2020-04-15 |
Genre | : Law |
ISBN | : 0197508782 |
Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.
The Collapse of Constitutional Remedies
Author | : Aziz Z. Huq |
Publisher | : Oxford University Press |
Total Pages | : 193 |
Release | : 2021 |
Genre | : LAW |
ISBN | : 0197556817 |
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
The Reconstruction of Southern Debtors
Author | : Elizabeth Lee Thompson |
Publisher | : University of Georgia Press |
Total Pages | : 228 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780820326245 |
Based on a careful empirical study of nearly four thousand cases filed in three southern federal districts, this book focuses on how the Bankruptcy Act of 1867 helped shape the course and outcome of Reconstruction. Although passed by a Republican-dominated Congress that was commonly viewed as punitive toward the post-Civil War South, the Bankruptcy Act was a great benefit to southerners. In this first study of the operation of the 1867 Act, Elizabeth Lee Thompson challenges previous works, which maintain that nineteenth-century southerners uniformly opposed federal bankruptcy laws as threatening extensions of federal power. To the contrary, Thompson finds that southerners, faced with the war’s devastation, were more likely to file for bankruptcy than debtors in other parts of the country. The Act thus was the major piece of federal economic legislation that benefited southerners during Reconstruction. Thompson determines that because the vast majority of the Bankruptcy Act’s southern beneficiaries were propertied white men, the legislation served to stabilize and entrench the postwar economic--and thus social and political--power of the sector that included those who were recently leading secessionists and Confederates. Their participation in a federal process, through federal tribunals, during an era of intense white southern opposition to policies emanating from Washington reveals the complex interaction of states' rights ideology and self-interest. However, Thompson shows, white southerners ultimately sacrificed neither in relation to the Bankruptcy Act. After thousands had received economic relief through the statute and the number of filings had slowed to a trickle, southern congressmen supported the Act’s repeal in 1878.
Habeas Corpus Reform
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 164 |
Release | : 1986 |
Genre | : Criminal procedure |
ISBN | : |
The Federal Courts
Author | : Richard A. Posner |
Publisher | : Harvard University Press |
Total Pages | : 436 |
Release | : 1999-09-15 |
Genre | : Law |
ISBN | : 9780674296275 |
Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.
Reconstruction
Author | : Allen C. Guelzo |
Publisher | : Oxford University Press, USA |
Total Pages | : 187 |
Release | : 2020 |
Genre | : History |
ISBN | : 0190454792 |
Allen C. Guelzo's Reconstruction: A Very Short Introduction is a gracefully-written interpretation of Reconstruction as a spirited struggle to re-integrate the defeated Southern Confederacy into the American Union after the Civil War, to bring African Americans into the political mainstream of American life, and to recreate the Southern economy after a Northern, free-labor model.