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

Author: Maeva Marcus

Publisher: Columbia University Press

ISBN: 9780231088732

Category: History

Page: 808

View: 5277

Volume 4 assembles a selection of documents illustrating the statuory development of the federal judiciary from 1789-1800. Beginning with a narrative essay on the background of Article III of the Constitution, the volume tracks, from the First through the Sixth Congresses, all the major and minor legislation relevant to the establishment of the American judicial system. As the decade unfolded, experience revealed problems with the system as it was initially structured, and efforts were made to change it. Dissatisfaction with circuit riding, with the method of juror selection, and with judges undertaking duties not strictly judicial, for example, led to various legislative attempts at reform.
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The Documentary History of the Supreme Court of the United States, 1789-1800: Suits against states

Author: Maeva Marcus,James R. Perry

Publisher: Columbia University Press

ISBN: 9780231088725

Category: History

Page: 728

View: 8679

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.
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The Documentary History of the Supreme Court of the United States, 1789-1800: Cases, 1798-1800

Author: Maeva Marcus,James R. Perry

Publisher: Columbia University Press

ISBN: 9780231139762

Category: History

Page: 648

View: 3487

The eight volumes of The Documentary History of the Supreme Court of the United States, 1789 1800 gather together documents from the National Archives and dozens of additional repositories, resulting in a rich portrait of the first decade of the Court. It is an invaluable series for any scholar interested in the development of the Supreme Court as an institution and in the cases that came before the Court during its infancy. The final volume of The Documentary History concerns cases heard between 1798 and 1800. In these years, the United States was virtually at war with France, and issues arising from that conflict came before the Court. For example, in Baas v. Tingey, the Court ruled that although Congress had not declared war, France should still be considered an "enemy." But the Court's docket also featured cases that arose naturally in the burgeoning nation. Several involved disputes over land-most notably a controversy centering on a substantial strip of territory running along the southern border of New York. The Court heard cases concerning bills of exchange, bankruptcy, and violations of trade laws and resolved a number of procedural issues. In Bingham v. Cabot II, the justices ruled that the citizenship of the parties had to be explicitly stated in the pleadings for the federal courts to assume jurisdiction on the basis of diversity. During this period, The Supreme Court continued to exercise the authority of judicial review, though it did not strike down a statute. In both Calder v. Bull and Cooper v. Telfair, however, it did examine the constitutionality of state laws. Documents of particular interest in this volume are the notes of Justice William Paterson and William Tilghman, a member of the Supreme Court bar, but all of the cases are accompanied by engaging narratives that guide the reader through the facts and the intricacies of the judicial process.
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The Documentary History of the Supreme Court of the United States, 1789-1800

Author: James Perry

Publisher: Documentary History of the Sup

ISBN: 9780231088671

Category: History

Page: 850

View: 1455

Volume one presents documents that establish the structure of the Supreme Court and recount the official record of the Court's activity during its first decade. It serves as an introduction and reference tool for the subsequent volumes in the series.
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Pathways to the US Supreme Court

From the Arena to the Monastery

Author: G. Nelson

Publisher: Springer

ISBN: 1137351721

Category: Political Science

Page: 340

View: 851

Pathways to the U.S. Supreme Court is a quantitative-historical recapitulation of the routes taken to the US Supreme Court by the 112 Justices who were confirmed by the Senate and served, and the 28 others whose candidacies for confirmation were defeated, withdrawn, or declined.
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John Marshall and the Heroic Age of the Supreme Court

Author: R. Kent Newmyer

Publisher: LSU Press

ISBN: 0807149241

Category: Law

Page: 511

View: 2121

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.
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Patriotism and Piety

Federalist Politics and Religious Struggle in the New American Nation

Author: Jonathan J. Den Hartog

Publisher: University of Virginia Press

ISBN: 081393642X

Category: History

Page: 280

View: 884

In Patriotism and Piety, Jonathan Den Hartog argues that the question of how religion would function in American society was decided in the decades after the Constitution and First Amendment established a legal framework. Den Hartog shows that among the wide array of politicians and public figures struggling to define religion’s place in the new nation, Federalists stood out—evolving religious attitudes were central to Federalism, and the encounter with Federalism strongly shaped American Christianity. Den Hartog describes the Federalist appropriations of religion as passing through three stages: a "republican" phase of easy cooperation inherited from the experience of the American Revolution; a "combative" phase, forged during the political battles of the 1790s–1800s, when the destiny of the republic was hotly contested; and a "voluntarist" phase that grew in importance after 1800. Faith became more individualistic and issue-oriented as a result of the actions of religious Federalists. Religious impulses fueled party activism and informed governance, but the redirection of religious energies into voluntary societies sapped party momentum, and religious differences led to intraparty splits. These developments altered not only the Federalist Party but also the practice and perception of religion in America, as Federalist insights helped to create voluntary, national organizations in which Americans could practice their faith in interdenominational settings. Patriotism and Piety focuses on the experiences and challenges confronted by a number of Federalists, from well-known leaders such as John Adams, John Jay, Charles Cotesworth Pinckney, and Timothy Dwight to lesser-known but still important figures such as Caleb Strong, Elias Boudinot, and William Jay.
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Thomas Jefferson and the Wall of Separation Between Church and State

Author: Daniel Dreisbach

Publisher: NYU Press

ISBN: 0814720846

Category: Law

Page: 283

View: 5487

No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson’s “wall of separation between church and state,” and few metaphors have provoked more passionate debate. Introduced in an 1802 letter to the Danbury, Connecticut Baptist Association, Jefferson’s “wall” is accepted by many Americans as a concise description of the U.S. Constitution’s church-state arrangement and conceived as a virtual rule of constitutional law. Despite the enormous influence of the “wall” metaphor, almost no scholarship has investigated the text of the Danbury letter, the context in which it was written, or Jefferson’s understanding of his famous phrase. Thomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.
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Judges and Legislators

Toward Institutional Comity

Author: Robert A. Katzmann

Publisher: Brookings Institution Press

ISBN: 9780815716297

Category: Political Science

Page: 212

View: 2018

"The Judiciary and Congress not only do not communicate on their most basic concerns; they do not know how they may properly do so," writes Frank M. Coffin, a federal appeals court judge and former representative, in Judges and Legislators. "The condition is that of a chronic, debilitating fever." Though the Senate lavishes it's attention from time to time on particular judicial nominees, Congress remains largely oblivious of the wellbeing of the federal judiciary as an institution. And the judiciary seems often unaware of the critical nuances of the legislative process. This state of affairs has had an adverse effect not only on relations between the two branches, but also on public policy more generally. Some forty-five people—including a Supreme Court justice, federal and state court judges, legislators and legislative staffers, scholars, and members of the private bar—gathered for a series of discussion to identify fundamental issues affecting judicial-congressional relations. The articles published in this volume are an outgrowth of those discussions.
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Constitutional Justice Under Old Constitutions

Author: Elvind Smith

Publisher: Kluwer Law International

ISBN: 9041100423

Category: Law

Page: 402

View: 9218

Constitutional Justice under Old Constitutions confronts different national experiences within the framework of a common subject matter, viz., questions arising from the application of old constitutional texts within one system or another of judicial review. Every chapter presents valuable materials and reflections for further exploration on a comparative as well as a national basis. The countries covered are the United States, Norway, Belgium and France; all countries having an old constitution. The following questions are dealt with: the emergence of judicial review of national legislation the interpretation of old constitutional texts complementary sources to old constitutional texts the application of old constitutions in modern societies the legitimacy of judicial review of legislation
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The Papers of Thomas Jefferson

1 July to 12 November 1802

Author: Thomas Jefferson,Barbara Oberg

Publisher: Princeton University Press

ISBN: 069115323X

Category: History

Page: 755

View: 5858

This volume opens on 1 July 1802, when Jefferson is in Washington, and closes on 12 November. It features correspondence on the declaration of war by the sultan of Morocco and on the accusations making public his relationship with Sally Hemings.
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Truman and the Steel Seizure Case

The Limits of Presidential Power

Author: Maeva Marcus

Publisher: Duke University Press

ISBN: 9780822314172

Category: History

Page: 390

View: 5432

Government seizure of the nation's strikebound steel mills on 8 April 1952 stands as one of President Harry S Truman's most controversial actions, representing an unprecedented use of presidential power. On 8 June 1952 the United States Supreme Court invalidated Truman's order with its monumental decision in Youngstown Sheet and Tube Co. v. Sawyer. The history and significance of this case constitute the subject of Maeva Marcus's meticulously researched, brilliantly analyzed, and authoritative study. From Truman's initial assertion of "inherent" executive power under the Constitution to the High Court's seven opinions, Marcus assesses the influence of the case on the doctrine of separation of powers and, specifically, the nature and practice of executive authority. First published in 1977 (Columbia University Press), and reissued here in paperback with a new foreword by Louis Fisher, this book remains the definitive account of the Steel Seizure incident and its political and legal ramifications.
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The First American Republic 1774-1789

The First Fourteen American Presidents Before Washington

Author: Thomas Patrick Chorlton

Publisher: AuthorHouse

ISBN: 1456753878

Category: Biography & Autobiography

Page: 708

View: 4435

George Washington’s Inauguration in April 1789 marked the beginning of government under the new United States Constitution. What few Americans realize is that there had been a fully functioning national government prior to 1789. It was called the Continental Congress and it was, in every respect, the First American Republic (1774-1789). It began on September 5, 1774, when elected delegates from eleven of the American colonies first assembled in Philadelphia. Surprisingly, that First American Republic is most often dismissed in textbooks and popular history as a failed attempt at self-government. And yet, it was during that fifteen year period that the United States won the war against the strongest empire on Earth, established organized government as far west as the Mississippi River, built alliances with some of the great powers of Europe and transformed thirteen separate entities into a national confederation. When the Continental Congress initially met in 1774, its very first order of business was to elect one of its own members to serve as President. He functioned as Head of State, much as the Presidents of Germany and Italy do today. He signed all official documents, received all foreign visitors and represented the emerging nation at official events and through extensive correspondence. While Congress retained all other executive, legislative and judicial functions, the President even presided over its deliberations. Eventually, a house, carriage and servants were provided for the President as a sign of national pride and respect. In all, fourteen distinguished individuals were chosen by their peers for this unique and awesome responsibility. They were the giants of their age, men of power, wealth and experience who often led their new nation through extremely difficult days largely on the strength of their character. For far too long they have been lost to history. This is their story.
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Closed chambers

the rise, fall, and future of the modern Supreme Court

Author: Edward Lazarus

Publisher: Penguin Group USA

ISBN: N.A

Category: History

Page: 598

View: 4445

A former Supreme Court clerk reveals the judicial institution's inner workings and decision making processes, offering a detailed portrait of justice corrupted by politics and unduly influenced by the power of personality.
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The Encyclopædia Britannica

A Dictionary of Arts, Sciences, Literature and General Information

Author: Hugh Chisholm

Publisher: N.A

ISBN: N.A

Category: Encyclopedias and dictionaries

Page: N.A

View: 8872

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Encyclopedia Britannica

A Dictionary of Arts, Sciences, Literature and General Information

Author: Hugh Chisholm

Publisher: N.A

ISBN: N.A

Category: Encyclopedias and dictionaries

Page: N.A

View: 5501

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