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Author : Edward Samuel Corwin
Publisher :
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4.3/5 (511 download)
Download or read book John Marshall and the Constitution written by Edward Samuel Corwin and published by . This book was released on 1919 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Edward S. Corwin
Publisher :
ISBN 13 : 9781330626009
Total Pages : 282 pages
Book Rating : 4.6/5 (26 download)
Download or read book John Marshall and the Constitution (Classic Reprint) written by Edward S. Corwin and published by . This book was released on 2015-09-27 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from John Marshall and the Constitution The monarch of ancient times mingled the functions of priest and judge. It is therefore not altogether surprising that even today a judicial system should be stamped with a certain resemblance to an ecclesiastical hierarchy. If the Church of the Middle Ages was "an army encamped on the soil of Christendom, with its outposts everywhere, subject to the most efficient discipline, animated with a common purpose, every soldier panoplied with inviolability and armed with the tremendous weapons which slew the soul," the same words, slightly varied, may be applied to the Federal Judiciary created by the American Constitution. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : John Marshall
Publisher :
ISBN 13 :
Total Pages : 762 pages
Book Rating : 4.A/5 ( download)
Download or read book The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal Constitution written by John Marshall and published by . This book was released on 1839 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of Marshall's constitutional opinions.
Author : John Marshall
Publisher : Forgotten Books
ISBN 13 : 9780259995616
Total Pages : 752 pages
Book Rating : 4.9/5 (956 download)
Download or read book The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal Constitution (Classic Reprint) written by John Marshall and published by Forgotten Books. This book was released on 2017-05-25 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Writings of John Marshall, Late Chief Justice of the United States, Upon the Federal Constitution The writings of Chief Justice Marshall on the Fed eral Constitution possess a twofold value as presenting the Opinions of one who has been justly denominated the expounder OF the constitution, and as com prehending the leading decisions of the Supreme Court of the United States on points of law arising under that instrument. The Editor of this volume has had two objects in view in its preparation; the one being, to place within the reach of all his fellow-citizens some of the best writings of one of the greatest and best men that have lived in America; the other, to enable every student of the Constitution of the United States to own those leading reports to which he is constantly referred by his text-books. In order to the completeness of the volume in this latter respect, the decisions of the Supreme Court, as delivered by other judges, prior to the death of Marshall, are brought together in an Appendix. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674727800
Total Pages : 889 pages
Book Rating : 4.6/5 (747 download)
Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Author : Jean Edward Smith
Publisher : Henry Holt and Company
ISBN 13 : 1466862319
Total Pages : 788 pages
Book Rating : 4.4/5 (668 download)
Download or read book John Marshall written by Jean Edward Smith and published by Henry Holt and Company. This book was released on 2014-03-10 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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." Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
Author : David S. Schwartz
Publisher : Oxford University Press, USA
ISBN 13 : 0190699485
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Spirit of the Constitution written by David S. Schwartz and published by Oxford University Press, USA. This book was released on 2019 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.
Author : Joel Richard Paul
Publisher : Penguin
ISBN 13 : 0525533281
Total Pages : 514 pages
Book Rating : 4.5/5 (255 download)
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.
Author : Richard Brookhiser
Publisher : Basic Books
ISBN 13 : 0465096239
Total Pages : 324 pages
Book Rating : 4.4/5 (65 download)
Download or read book John Marshall written by Richard Brookhiser and published by Basic Books. This book was released on 2018-11-13 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The life of John Marshall, Founding Father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the United States. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Supreme Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again. Through three decades of dramatic cases involving businessmen, scoundrels, Native Americans, and slaves, Marshall defended the federal government against unruly states, established the Supreme Court's right to rebuke Congress or the president, and unleashed the power of American commerce. For better and for worse, he made the Supreme Court a pillar of American life. In John Marshall, award-winning biographer Richard Brookhiser vividly chronicles America's greatest judge and the world he made.
Author : John O. McGinnis
Publisher : Harvard University Press
ISBN 13 : 067472626X
Total Pages : 309 pages
Book Rating : 4.6/5 (747 download)
Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
Author : Paul Finkelman
Publisher : Harvard University Press
ISBN 13 : 0674982088
Total Pages : 301 pages
Book Rating : 4.6/5 (749 download)
Download or read book Supreme Injustice written by Paul Finkelman and published by Harvard University Press. This book was released on 2018-01-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.
Author : Bruce Ackerman
Publisher : Harvard University Press
ISBN 13 : 9780674018662
Total Pages : 424 pages
Book Rating : 4.0/5 (186 download)
Download or read book The Failure of the Founding Fathers written by Bruce Ackerman and published by Harvard University Press. This book was released on 2005-10-28 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.
Author : G. Edward White
Publisher : Oxford University Press, USA
ISBN 13 : 9780195070590
Total Pages : 807 pages
Book Rating : 4.0/5 (75 download)
Download or read book The Marshall Court and Cultural Change, 1815-1835 written by G. Edward White and published by Oxford University Press, USA. This book was released on 1988 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's monumental study on the Marshall Court, originally published as Volumes III-IV of the Oliver Wendell Holmes Devise History of the Supreme Court, shows how the decisions made between 1815 and 1835 reveal an active reinterpretation of the Constitution and its principles of republicanism to suit the requirements of a rapidly changing nation. Placing the Marshall Court within the cultural and ideological context of early nineteenth-century America, White argues that the Court recast the language of the Constitution to give certain crucial terms the appearance of timeless legal principles, and promoted a style of judicial decision-making that concealed the discretionary elements of constitutional interpretation from public scrutiny, thus fostering the impression of an objective, non-partisan Court. Now available in an abridged paperback edition, The Marshall Court and Cultural Change, 1815-1835 will be essential for courses in American legal and constitutional history.
Author : Akhil Reed Amar
Publisher : Basic Books
ISBN 13 : 0465096360
Total Pages : 816 pages
Book Rating : 4.4/5 (65 download)
Download or read book The Words That Made Us written by Akhil Reed Amar and published by Basic Books. This book was released on 2021-05-04 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
Author : Peter S. Canellos
Publisher : Simon and Schuster
ISBN 13 : 1501188216
Total Pages : 624 pages
Book Rating : 4.5/5 (11 download)
Download or read book The Great Dissenter written by Peter S. Canellos and published by Simon and Schuster. This book was released on 2022-06-28 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --
Author : John M. Dillon
Publisher : Forgotten Books
ISBN 13 : 9781527951273
Total Pages : 812 pages
Book Rating : 4.9/5 (512 download)
Download or read book John Marshall written by John M. Dillon and published by Forgotten Books. This book was released on 2017-09-12 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from John Marshall: Complete Constitutional Decisions Marshall's decisions. This may seem to be a strong ex pression, but it is absolutely true. To all persons, there fore, lay or professional, who feel an interest in the science of law, of jurisprudence or of government, and in the workings of republican institutions for over a century on a theater of more than imperial extent and grandeur and on the largest scale ever exhibited to man kind, the Opinions here published have an intrinsic im portance distinctively and exclusively their own. Of few works can it truly be affirmed that they are equally adapted to popular and professional use. But this is undeniably true of Chief Justice Marshall's con stitutional judgments. Many of the greatest and most luminous of his constitutional cpinions contain scarcely a reference to adjudged cases or to the authority of precedents, for there were none, and the conclusions reached do not depend upon technical learning or discus sions. They may be fully understood by any intelligent person. As Dr. Johnson would have phrased it, each decision is a colossus hewn from a rock, not figures carved on cherry stones; and on reading these opinions one has the satisfaction of seeing each successive stroke of the Titan which gradually evolved the massive and original work that he beholds. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Jonathan Gienapp
Publisher : Harvard University Press
ISBN 13 : 067498952X
Total Pages : 465 pages
Book Rating : 4.6/5 (749 download)
Download or read book The Second Creation written by Jonathan Gienapp and published by Harvard University Press. This book was released on 2018-10-09 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
