Search Results for "the-supreme-court-under-marshall-and-taney"

The Commerce Clause under Marshall, Taney, and Waite

The Commerce Clause under Marshall, Taney, and Waite

  • Author: Felix Frankfurter
  • Publisher: UNC Press Books
  • ISBN: 1469632446
  • Category: Law
  • Page: 126
  • View: 5779
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The power of the commerce clause touches most intimately the relations between government and economic enterprises, and the process by which the conflicting claims of the nation and states are mediated through the Supreme Court is of continuing interest. This study is a clear exposition of the various interpretations of the commerce clause under three great chief justices. Originally published in 1937. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

John Marshall and the Heroic Age of the Supreme Court

John Marshall and the Heroic Age of the Supreme Court

  • Author: R. Kent Newmyer
  • Publisher: LSU Press
  • ISBN: 0807132497
  • Category: Law
  • Page: 511
  • View: 5710
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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.

A History of the Supreme Court

A History of the Supreme Court

  • Author: Bernard Schwartz
  • Publisher: Oxford University Press
  • ISBN: 9780195093872
  • Category: History
  • Page: 465
  • View: 3860
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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

Supreme Injustice

Supreme Injustice

Slavery in the Nation's Highest Court

  • Author: Paul Finkelman
  • Publisher: Harvard University Press
  • ISBN: 0674051211
  • Category: Judges
  • Page: 304
  • View: 2924
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In ruling after ruling, the three most important pre-Civil War justices--Marshall, Taney, and Story--upheld slavery. Paul Finkelman establishes an authoritative account of each justice's proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.

The Taney Court

The Taney Court

Justices, Rulings, and Legacy

  • Author: Timothy S. Huebner
  • Publisher: ABC-CLIO
  • ISBN: 1576073688
  • Category: Law
  • Page: 288
  • View: 409
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An exploration of the US Supreme Court under Roger Taney during an era of dramatic selectionism, slavery and civil war. Included is a survey of the historical period and an examination of the decisions reached in the court's most important cases.

A People's History of the Supreme Court

A People's History of the Supreme Court

The Men and Women Whose Cases and Decisions Have Shaped OurConstitution: Revised Edition

  • Author: Peter Irons
  • Publisher: Penguin
  • ISBN: 9781101503133
  • Category: Political Science
  • Page: 576
  • View: 7184
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A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)

Slavery and the Supreme Court, 1825-1861

Slavery and the Supreme Court, 1825-1861

  • Author: Earl M. Maltz
  • Publisher: N.A
  • ISBN: 9780700616664
  • Category: History
  • Page: 362
  • View: 6726
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Presents a detailed analysis of all eight major slavery cases that came before the U.S. Supreme Court--including The Amistad, Dred Scott v. Sandford and more--and explains how each fit into the slavery politics of its time.

Confirmation Wars

Confirmation Wars

Preserving Independent Courts in Angry Times

  • Author: Benjamin Wittes
  • Publisher: Rowman & Littlefield Publishers
  • ISBN: 144220155X
  • Category: Political Science
  • Page: 182
  • View: 6775
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In Confirmation Wars, Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years. Drawing on years of reporting on judicial nominations, including numerous interviews with nominees and sitting judges, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game that dominates most discussion of nominations, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.

Supreme Court Justice Joseph Story

Supreme Court Justice Joseph Story

Statesman of the Old Republic

  • Author: R. Kent Newmyer
  • Publisher: Univ of North Carolina Press
  • ISBN: 0807864021
  • Category: Biography & Autobiography
  • Page: 512
  • View: 4219
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The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.S. Supreme Court from 1811 to 1845. His attitudes and goals as lawyer, politician, judge, and legal educator were founded on the republican values generated by the American Revolution. Story's greatest objective was to fashion a national jurisprudence that would carry the American people into the modern age without losing those values.

Roger Taney

Roger Taney

the Dred Scott legacy

  • Author: Suzanne Freedman
  • Publisher: Enslow Pub Inc
  • ISBN: 9780894905605
  • Category: History
  • Page: 112
  • View: 5677
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Traces the life of Taney, who though opposed to slavery, made the pro-slavery decision in the Dred Scott Case

Lincoln and Chief Justice Taney

Lincoln and Chief Justice Taney

Slavery, Secession, and the President's War Powers

  • Author: James F. Simon
  • Publisher: Simon and Schuster
  • ISBN: 0743250338
  • Category: History
  • Page: 336
  • View: 7120
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Traces the clashes between the sixteenth president and his Chief Justice, profiling their disparate views about African-American rights, the South's legal ability to secede, and presidential constitutional powers during wartime.

The American Enlightenment, 1750-1820

The American Enlightenment, 1750-1820

  • Author: Robert A. Ferguson
  • Publisher: Harvard University Press
  • ISBN: 9780674023222
  • Category: History
  • Page: 220
  • View: 8604
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This concise literary history of the American Enlightenment captures the varied and conflicting voices of religious and political conviction in the decades when the new nation was formed. Ferguson's trenchant interpretation yields new understanding of this pivotal period for American culture.

FDR and Chief Justice Hughes

FDR and Chief Justice Hughes

The President, the Supreme Court, and the Epic Battle Over the New Deal

  • Author: James F. Simon
  • Publisher: Simon and Schuster
  • ISBN: 1416578897
  • Category: History
  • Page: 480
  • View: 2663
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By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century. The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation. Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.

The Treason Trial of Aaron Burr

The Treason Trial of Aaron Burr

Law, Politics, and the Character Wars of the New Nation

  • Author: R. Kent Newmyer
  • Publisher: Cambridge University Press
  • ISBN: 1107022185
  • Category: History
  • Page: 226
  • View: 8160
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The Burr trial pitted Marshall, Jefferson and Burr in a dramatic three-way contest that left a permanent mark on the new nation.

Without Precedent

Without Precedent

Chief Justice John Marshall and His Times

  • Author: Joel Richard Paul
  • Publisher: Penguin
  • ISBN: 1594488231
  • Category: LAW
  • Page: 512
  • View: 9124
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The remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Dissent and the Supreme Court

Dissent and the Supreme Court

Its Role in the Court's History and the Nation's Constitutional Dialogue

  • Author: Melvin I. Urofsky
  • Publisher: Vintage
  • ISBN: 030774132X
  • Category: Law
  • Page: 544
  • View: 5576
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In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean and fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous & now overturned case of Dred Scott v. Sanford (1857) during which Chief Justice Roger Taney's opinion upheld slaver and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

Supreme Court

Supreme Court

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category:
  • Page: N.A
  • View: 9231
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The Case Against the Supreme Court

The Case Against the Supreme Court

  • Author: Erwin Chemerinsky
  • Publisher: Penguin Books
  • ISBN: 0143128000
  • Category: History
  • Page: 400
  • View: 1872
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Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

John Marshall

John Marshall

Definer of a Nation

  • Author: Jean Edward Smith
  • Publisher: Henry Holt and Company
  • ISBN: 1466862319
  • Category: Biography & Autobiography
  • Page: 752
  • View: 3066
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A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed."