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Antecedents And Beginnings To 1801
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Book Synopsis Law in American History by : G. Edward White
Download or read book Law in American History written by G. Edward White and published by Oxford University Press. This book was released on 2012-02-20 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White, a leading legal historian, presents Law in American History, a two-volume, comprehensive narrative history of American law from the colonial period to the present. In this first volume, White explores the key turning points in roughly the first half of the American legal system, from the development of order in the colonies, to the signing of the Constitution, to the dissolution of the Union just before the Civil War. Thought-provoking and artfully written, Law in American History, Vol. 1 is an essential text for both students of law and general readers alike.
Book Synopsis The Documentary History of the Supreme Court of the United States, 1789-1800 by : Maeva Marcus
Download or read book The Documentary History of the Supreme Court of the United States, 1789-1800 written by Maeva Marcus and published by Columbia University Press. This book was released on 1992 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A History of American Law by : Lawrence M. Friedman
Download or read book A History of American Law written by Lawrence M. Friedman and published by Oxford University Press. This book was released on 2019-09-09 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
Book Synopsis The Creation of American Law by : Jude M. Pfister
Download or read book The Creation of American Law written by Jude M. Pfister and published by McFarland. This book was released on 2018-11-26 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the Constitutional Convention in 1787, America was set on a course to develop a unique system of law with roots in the English common law tradition. This new system, its foundations in Article III of the Constitution, called for a national judiciary headed by a supreme court--which first met in 1790. This book serves as a history of America's national law with a look at those--such as John Jay (the first Chief), James Iredell, Bushrod Washington and James Wilson--who set in motion not only the new Supreme Court, but also the new federal judiciary. These founders displayed great dexterity in maneuvering through the fraught political landscape of the 1790s.
Book Synopsis The Lost History of the Ninth Amendment by : Kurt T. Lash
Download or read book The Lost History of the Ninth Amendment written by Kurt T. Lash and published by Oxford University Press. This book was released on 2009-03-27 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ninth Amendment has had a remarkably robust history, playing a role in almost every significant constitutional debate in American history, including the controversy over the Alien and Sedition Acts, the struggle over slavery, and the constitutionality of the New Deal. Until very recently, however, this history has been almost completely lost due to a combination of historical accident, mistaken assumptions, and misplaced historical documents. Drawing upon a wide range of primary sources, most never before included in any book on the Ninth Amendment or the Bill of Rights, Kurt T. Lash recovers the lost history of the Ninth Amendment and explores how its original understanding can be applied to protect the people's retained rights today. The most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment. The evidence not only challenges the traditional view regarding the original meaning of the Ninth Amendment, it also falsifies the common assumption that the Amendment lay dormant prior to the Supreme Court's "discovery" of the clause in Griswold v. Connecticut. As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. This issue has particular contemporary salience as the Supreme Court considers whether states have the right to authorize medicinal use of marijuana, refuse to assist the enforcement of national laws like the Patriot Act, or regulate physician-assisted suicide. The meaning of the Ninth Amendment has played a key role in past Senate confirmation hearings for Supreme Court justices and the current divide on the Court regarding the meaning of the Ninth Amendment makes it likely the subject will come up again during the next set of hearings.
Book Synopsis The Documentary History of the Supreme Court of the United States, 1789-1800: Cases, 1798-1800 by : Maeva Marcus (red.)
Download or read book The Documentary History of the Supreme Court of the United States, 1789-1800: Cases, 1798-1800 written by Maeva Marcus (red.) and published by Columbia University Press. This book was released on 1985 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Documentary History of the Supreme Court of the United States, 1789-1800: The justices on circuit, 1790-1794 by : Maeva Marcus
Download or read book The Documentary History of the Supreme Court of the United States, 1789-1800: The justices on circuit, 1790-1794 written by Maeva Marcus and published by Columbia University Press. This book was released on 1985 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Documentary History of the Supreme Court of the United States, 1789-1800: pt. 1. Appointments and proceedings by : Maeva Marcus
Download or read book The Documentary History of the Supreme Court of the United States, 1789-1800: pt. 1. Appointments and proceedings written by Maeva Marcus and published by Columbia University Press. This book was released on 1985 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis M'Culloch V. Maryland by : Mark Robert Killenbeck
Download or read book M'Culloch V. Maryland written by Mark Robert Killenbeck and published by . This book was released on 2006 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chronicles one of the first--and most famous--cases to define the reach and power of the federal government over the states. It addressed two questions: Did Congress have the authority to establish a national bank? And was the Maryland law used to tax that bank interfering with the federal government's constitutional authority? In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yes to both questions.
Book Synopsis Founding Federalist by : Michael Toth
Download or read book Founding Federalist written by Michael Toth and published by Simon and Schuster. This book was released on 2024-09-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Founding Federalist, Michael C. Toth provides an in-depth look at the life and work of Oliver Ellsworth, a largely forgotten but eminently important Founding Father. The American Founding was the work of visionaries and revolutionaries. But amid the celebrated luminaries, the historic transformations, the heroic acts, and unforgettable discourses were practical politicians, the consensus builders who made the system work. Oliver Ellsworth—Framer, senator, chief justice, diplomat—was such a leader. Founding Federalist brings to life a figure whose contributions shape American political life even today. Vividly capturing the pivotal debates at Philadelphia in the summer of 1787, Toth shows how Ellsworth was a vital force in shaping the Constitution as a Federalist document, one that did not extinguish the role of the states even as it recognized the need for national institutions. The author illuminates what Ellsworth and other Founders understood to be the meaning of the new constitutional order—a topic highly relevant to twenty-first-century debates about the role of government. Toth, an attorney, also brilliantly analyzes Ellsworth's most important legislative achievement: the creation of the U.S. federal court system.With this insightful new biography, Michael Toth has reclaimed a figure who made crucial contributions to a lasting creation: a federal republic.
Download or read book Annotation written by and published by . This book was released on 1978 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reader's Guide to American History by : Peter J. Parish
Download or read book Reader's Guide to American History written by Peter J. Parish and published by Routledge. This book was released on 2013-06-17 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are so many books on so many aspects of the history of the United States, offering such a wide variety of interpretations, that students, teachers, scholars, and librarians often need help and advice on how to find what they want. The Reader's Guide to American History is designed to meet that need by adopting a new and constructive approach to the appreciation of this rich historiography. Each of the 600 entries on topics in political, social and economic history describes and evaluates some 6 to 12 books on the topic, providing guidance to the reader on everything from broad surveys and interpretive works to specialized monographs. The entries are devoted to events and individuals, as well as broader themes, and are written by a team of well over 200 contributors, all scholars of American history.
Book Synopsis The Documentary History of the Supreme Court of the United States, 1789-1800: Suits against states by : Maeva Marcus
Download or read book The Documentary History of the Supreme Court of the United States, 1789-1800: Suits against states written by Maeva Marcus and published by Columbia University Press. This book was released on 1985 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis States' Rights and the Union by : Forrest McDonald
Download or read book States' Rights and the Union written by Forrest McDonald and published by University Press of Kansas. This book was released on 2000-10-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forrest McDonald has long been recognized as one of our most respected and provocative intellectual hsitorians. With this new book, he once again delivers an illuminating meditation on a major theme in American history and politics. Elegantly and accessibly written for a broad readership, McDonald's book provides an insightful look at states' rights-an issue that continues to stir debate nationwide. From constitutional scholars to Supreme Court justices to an electorate that's grown increasingly wary of federal power, the concept of states' rights has become a touchstone for a host of political and legal controversies. But, as McDonald shows, that concept has deep roots that need to be examined if we're to understand its implications for current and future debates. McDonald's study revolves around the concept of imperium in imperio-literally "sovereignty within sovereignty" or the division of power within a single jurisdiction. With this broad principle in hand, he traces the states' rights idea from the Declaration of Independence to the end of Reconstruction and illuminates the constitutional, political, and economic contexts in which it evolved. Although the Constitution, McDonald shows, gave the central government expansive powers, it also legitimated the doctrine of states' rights. The result was an uneasy tension and uncertainty about the nature of the central government's relationship to the states. At times the issue bubbled silently and unseen beneath the surface of public awareness, but at other times it exploded. McDonald follows this episodic rise and fall of federal-state relations from the Hamilton-Jefferson rivalry to the Virginia and Kentucky Resolutions, New England's resistance to Jefferson's foreign policy and the War of 1812, the Nullification Controversy, Andrew Jackson's war against the Bank of the United States, and finally the vitriolic public debates that led to secession and civil war. Other scholars have touched upon these events individually, but McDonald is the first to integrate all of them from the perspective of states' rights into one synthetic and magisterial vision. The result is another brilliant study from a masterful historian writing on a subject of great import for Americans.
Book Synopsis Boundaries of the State in US History by : James T. Sparrow
Download or read book Boundaries of the State in US History written by James T. Sparrow and published by University of Chicago Press. This book was released on 2015-10-12 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of how the American state defines its powernot what it is but what it "does"has become central to a range of historical discourses, from the founding of the Republic and the role of the educational system, to the functions of agencies and America s place in the world. Here, James Sparrow, William J. Novak, and Stephen Sawyer assemble some definitional work in this area, showing that the state is an integral actor in physical, spatial, and economic exercises of power. They further imply that traditional conceptions of the state cannot grasp the subtleties of power and its articulation. Contributors include C.J. Alvarez, Elisabeth Clemens, Richard John, Robert Lieberman, Omar McRoberts, Gautham Rao, Gabriel Rosenberg, Jason Scott Smith, Tracy Steffes, and the editors."
Download or read book Criminal Dissent written by Wendell Bird and published by Harvard University Press. This book was released on 2020-01-07 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent. The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition. The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record. The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.
Book Synopsis A History of the Supreme Court by : the late Bernard Schwartz
Download or read book A History of the Supreme Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1995-02-23 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
