Fletcher V Peck 10 Us 87 1810

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Without Precedent

Author : Joel Richard Paul
Publisher : Penguin
ISBN 13 : 0525533281
Total Pages : 514 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Without Precedent by : Joel Richard Paul

Download or read book Without Precedent written by Joel Richard Paul and published by Penguin. This book was released on 2019-02-19 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of Unlikely Allies and Indivisible comes 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.

Beneficial Ownership

Author : Matthias Reinhard-DeRoo
Publisher : Springer Science & Business Media
ISBN 13 : 3319016865
Total Pages : 178 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Beneficial Ownership by : Matthias Reinhard-DeRoo

Download or read book Beneficial Ownership written by Matthias Reinhard-DeRoo and published by Springer Science & Business Media. This book was released on 2013-10-02 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hunt for beneficial owners is on. Like an elephant, the beneficial owner hides in the jungle of complex legal structures, waiting to be discovered by eager prosecutors. But what lies behind this metaphor? What is a Beneficial Owner? Is beneficial ownership a right? What does this right encompass? What is the value of this right compared to other rights? And if beneficial ownership is not a right, is it still a legally relevant relation? How do courts, namely the U.S. Supreme Court deal with the concept? When do Anglo-American judges and European scholars resort to the concept? This book approaches these questions from two perspectives: legal fundamentals and the field of U.S. federal Indian law. Both legal theories and case law are scrutinized with the aim to find a better understanding of the basic conception and characteristics of beneficial ownership. Federal Indian law has been chosen for the study of the concrete implications of the beneficial ownership concept in what Roscoe Pound referred to as “the law in action.” To some, this choice of legal field might seem somewhat unusual. What answers could federal Indian law possibly offer with regard to pressing questions from the financial industry? As always, there is a short and a long answer. The short answer is that the analysis of an equally sophisticated field of law can open new perspectives on a given field of law. For example, not only potential criminals and tax evaders but also members of an older civilization are beneficial owners. The long answer can be found in this very book.

Federalism and the Making of America

Author : David Brian Robertson
Publisher : Routledge
ISBN 13 : 113697430X
Total Pages : 238 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Federalism and the Making of America by : David Brian Robertson

Download or read book Federalism and the Making of America written by David Brian Robertson and published by Routledge. This book was released on 2013-03 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.

Records and Briefs of the United States Supreme Court

Author :
Publisher :
ISBN 13 :
Total Pages : 628 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Records and Briefs of the United States Supreme Court by :

Download or read book Records and Briefs of the United States Supreme Court written by and published by . This book was released on 1832 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Family Life and Family Interests

Author : Gerda A. Kleijkamp
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004637532
Total Pages : 421 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Family Life and Family Interests by : Gerda A. Kleijkamp

Download or read book Family Life and Family Interests written by Gerda A. Kleijkamp and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this comparative study is three-fold. Firstly, it offers an analysis of and a comparison between the application and interpretation of Article 8 (often in conjunction with the anti-discrimination principle of Article 14) of the European Convention of Human Rights and the application and interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution, in particular with regard to family law. Secondly, it compares and analyses the answers to the specific questions regarding circumstances under which a legal parent-child relationship may be established and by whom, as described under Dutch (Chapter 4) and Californian, New York and Texas Law (Chapter 5). And thirdly, it compares and analyses the compliance with and influence of the European Convention as reflected in family law by the Dutch Supreme Court and the compliance with and influence of the U.S. Constitution as reflected in family law decisions - and filiation law in particular - by the courts in California, New York and Texas.

Equal Citizenship, Civil Rights, and the Constitution

Author : Christopher Green
Publisher : Routledge
ISBN 13 : 1317539400
Total Pages : 241 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Equal Citizenship, Civil Rights, and the Constitution by : Christopher Green

Download or read book Equal Citizenship, Civil Rights, and the Constitution written by Christopher Green and published by Routledge. This book was released on 2015-11-19 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

The American Constitution and Religion

Author : Richard J. Regan
Publisher : CUA Press
ISBN 13 : 0813221528
Total Pages : 296 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis The American Constitution and Religion by : Richard J. Regan

Download or read book The American Constitution and Religion written by Richard J. Regan and published by CUA Press. This book was released on 2013 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Regan reconsiders some of the most important Supreme Court cases regarding the establishment clause and the free exercise of religion. Governmental aid to church-affiliated elementary schools and colleges; state-sponsored prayer and Bible reading; curriculum that includes creationism; tax exemption of church property; publicly sponsored Christmas displays--these and other notable cases are discussed in Regan's chapters on the religious establishment clause. On the topic of the free-exercise clause, Regan considers such subjects as the value of religious freedom, as well as the place of religious beliefs in public schooling and government affairs. Important cases concerning conscientious objection to war, regulation of religious organizations and personnel, and western traditions of conscience are also examined."--Publisher description.

The Role of Circuit Courts in the Formation of United States Law in the Early Republic

Author : David Lynch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910875
Total Pages : 257 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Role of Circuit Courts in the Formation of United States Law in the Early Republic by : David Lynch

Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

Uneven Roads

Author : Todd Shaw
Publisher : CQ Press
ISBN 13 : 1071824589
Total Pages : 527 pages
Book Rating : 4.0/5 (718 download)

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Book Synopsis Uneven Roads by : Todd Shaw

Download or read book Uneven Roads written by Todd Shaw and published by CQ Press. This book was released on 2024-01-12 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uneven Roads helps students grasp how, when, and why race and ethnicity matter in U.S. politics. Using the metaphor of a road, with twists, turns, and dead ends, this incisive text takes students on a journey to understanding political racialization and the roots of modern interpretations of race and ethnicity. The book’s structure and narrative are designed to encourage comparison and reflection. Students critically analyze the history and context of U.S. racial and ethnic politics to build the skills needed to draw their own conclusions. In the Third Edition of this groundbreaking text, authors Shaw, DeSipio, Pinderhughes, Frasure, and Travis bring the historical narrative to life by addressing the most contemporary debates and challenges affecting U.S. racial and ethnic politics. Students will explore important issues regarding voting rights, political representation, education and criminal justice policies, and the immigrant experience.

How Your Government Really Works

Author : Glenn L. Starks
Publisher : Bloomsbury Publishing USA
ISBN 13 : 031334762X
Total Pages : 352 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis How Your Government Really Works by : Glenn L. Starks

Download or read book How Your Government Really Works written by Glenn L. Starks and published by Bloomsbury Publishing USA. This book was released on 2008-10-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. government is an ever-more-complex system that few American citizens comprehend in any detail. Even some of its most basic operations, seemingly clear in concept, are in reality intricate and obscure. Although textbooks explain how the government is supposed to work in theory, they don't reveal how it actually works in practice. This book offers a concise and objective explanation of government operations, mapping the federal government's branches, departments, agencies, corporations, and quasi-official bodies—and the bureaucracies that support them. The authors effectively bridge the gap between the government's ideal, balanced structure, laid out in the Constitution, and its actual institutionalized form today, making this a superb resource for students and citizens at large. Coverage of the government's inner workings includes such subjects as executive-branch appointments, domestic and foreign policy development and execution, the federal budget, the legislative process, the Congressional committee system, the drawing of Congressional districts, the levels of the federal judiciary, aides in all three branches, and the various government offices and oversight agencies.

The Legal Ideology of Removal

Author : Tim Alan Garrison
Publisher : University of Georgia Press
ISBN 13 : 0820334170
Total Pages : 350 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Legal Ideology of Removal by : Tim Alan Garrison

Download or read book The Legal Ideology of Removal written by Tim Alan Garrison and published by University of Georgia Press. This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

Fundamental Rights

Author : Milton Konvitz
Publisher : Routledge
ISBN 13 : 1351518313
Total Pages : 278 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Fundamental Rights by : Milton Konvitz

Download or read book Fundamental Rights written by Milton Konvitz and published by Routledge. This book was released on 2017-07-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of

Contemporary American Federalism

Author : Joseph F. Zimmerman
Publisher : State University of New York Press
ISBN 13 : 0791477657
Total Pages : 268 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis Contemporary American Federalism by : Joseph F. Zimmerman

Download or read book Contemporary American Federalism written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2008-09-10 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.

Dissent and the Supreme Court

Author : Melvin I. Urofsky
Publisher : Vintage
ISBN 13 : 030774132X
Total Pages : 546 pages
Book Rating : 4.3/5 (77 download)

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Book Synopsis Dissent and the Supreme Court by : Melvin I. Urofsky

Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2017-01-10 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books 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 before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery 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.

A Companion to the United States Constitution and Its Amendments

Author : John R. Vile
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis A Companion to the United States Constitution and Its Amendments by : John R. Vile

Download or read book A Companion to the United States Constitution and Its Amendments written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2015-03-03 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its sixth edition with coverage of major Supreme Court decisions through the end of the 2013–2014 term, this book remains a key source for students, professors, and citizens seeking balanced, up-to-date information on the Constitution, its amendments, and how they have been interpreted. A document that is well past two centuries old, the U.S. Constitution remains as relevant and important today as during the time of our country's founding. Now in its sixth edition, this single-volume work offers a fair, non-partisan treatment of one of the most important documents in American history. The book begins with introductory background information on the U.S. Constitution and the Declaration of Independence and then presents a clause-by-clause explanation of the Constitution from the preamble through all of its amendments, addressing how each has been interpreted by the U.S. Supreme Court and other institutions throughout U.S. history. This fully updated edition of A Companion to the United States Constitution and Its Amendments incorporates numerous new developments in the four years since the previous edition, including the appointments of new Supreme Court justices, impactful cases involving First Amendment rights for students, the Affordable Care Act, National Security Agency (NSA) data gathering, voting rights, campaign finance law, DNA sampling, and the ongoing battle over gay rights. As with the previous editions, John R. Vile provides a balanced and thorough treatment that identifies key Supreme Court decisions and other interpretations of the document while abstaining from unnecessarily complex and confusing explanations.

The Guardian of Every Other Right

Author : James W. Ely
Publisher : Oxford University Press
ISBN 13 : 0195323327
Total Pages : 239 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Guardian of Every Other Right by : James W. Ely

Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press. This book was released on 2008 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.

Separating Powers: International Law before National Courts

Author : David Haljan
Publisher : Springer Science & Business Media
ISBN 13 : 9067048585
Total Pages : 335 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Separating Powers: International Law before National Courts by : David Haljan

Download or read book Separating Powers: International Law before National Courts written by David Haljan and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.