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

Author: Maeva Marcus

Publisher: Columbia University Press

ISBN: 9780231139762

Category: History

Page: 648

View: 2823

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'The Documentary History of the Supreme Court of the United States, 1789-1800', is a multivolume series drawing together a body of documents from the National Archives & dozens of other repositories, that chronicles the life of the Court in its first decade.
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The Documentary History of the Supreme Court of the United States, 1789-1800: pt. 1. Appointments and proceedings

Author: Maeva Marcus,James R. Perry

Publisher: Columbia University Press

ISBN: 9780231088671

Category: United States. Supreme Court

Page: 850

View: 8839

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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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The Documentary History of the Supreme Court of the United States, 1789-1800: The justices on circuit, 1790-1794

Author: Maeva Marcus,James R. Perry

Publisher: Columbia University Press

ISBN: 9780231088695

Category: History

Page: 582

View: 2692

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Volume 2 details the workings of the Court's experimental practice of sending Justices around the country to serve as judges at sessions of the various federal circuit courts. The documents in this volume reveal that the justices quickly voiced bitter complaints about the demands of their circuit duties. They also questioned the propriety--and perhaps constitutionality--of assigning the same individuals to act as superior and inferior court judges. The documents in this volume also touch upon topics that figured prominently in the law and politics of the era: neutrality, the boundary between state and federal crimes, the constitutional prohibition against impairing the obligations of contracts, and the relationship between law and morality.
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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,James C. Brandow,Robert P. Frankel

Publisher: Columbia University Press

ISBN: 9780231088725

Category: Law

Page: 728

View: 7165

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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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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: 278

View: 9711

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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 Pietyfocuses 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: 5480

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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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Constitutional Justice Under Old Constitutions

Author: Elvind Smith

Publisher: Kluwer Law International B.V.

ISBN: 9041100423

Category: Law

Page: 402

View: 1128

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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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Judges and Legislators

Toward Institutional Comity

Author: Robert A. Katzmann

Publisher: Brookings Institution Press

ISBN: 9780815716297

Category: Political Science

Page: 212

View: 1588

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"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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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: 7309

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George Washingtons 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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Gibbons v. Ogden, Law, and Society in the Early Republic

Author: Thomas H. Cox

Publisher: Ohio University Press

ISBN: 082144333X

Category: History

Page: 264

View: 3612

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Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
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