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Author :
Publisher : Ardent Media
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4./5 ( download)
Download or read book The Reconstruction of Federal Judicial Power, 1863-1875 written by and published by Ardent Media. This book was released on with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William M. Wiecek
Publisher :
ISBN 13 :
Total Pages : 550 pages
Book Rating : 4.:/5 (89 download)
Download or read book The Reconstruction of Federal Judicial Power, 1863-1875 written by William M. Wiecek and published by . This book was released on 1967 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stanley I. Kutler
Publisher : University of Chicago Press
ISBN 13 : 0226465438
Total Pages : 191 pages
Book Rating : 4.2/5 (264 download)
Download or read book Judicial Power and Reconstruction Politics written by Stanley I. Kutler and published by University of Chicago Press. This book was released on 2022-03-25 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the Supreme Court in the wake of the Dred Scott decision. This book investigates the political and public standing of the Supreme Court following the Dred Scott decision. Arguing against interpretations by previous historians, Kutler asserts instead that the "Chase Court" was neither enfeebled by the decision itself, nor by congressional Republicans during reconstruction. Instead, Kutler suggests that during reconstruction, the Court was characterized by forcefulness and judicious restraint rather than timidity and cowardice, holding a creative and determining role rather than abdicating its rightful powers. This volume assembles a series of essays by Kutler arguing for this characterization. Provocative and persuasive at turns, this collection of essays provides a bold and innovative reinterpretation of the Supreme Court after the Civil War.
Author : Peter Charles Hoffer
Publisher : Oxford University Press
ISBN 13 : 0199387907
Total Pages : 561 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Federal Courts written by Peter Charles Hoffer and published by Oxford University Press. This book was released on 2016 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."
Author : Allen C. Guelzo
Publisher : Oxford University Press
ISBN 13 : 0190865717
Total Pages : 193 pages
Book Rating : 4.1/5 (98 download)
Download or read book Reconstruction written by Allen C. Guelzo and published by Oxford University Press. This book was released on 2018-04-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The era known as Reconstruction is one of the unhappiest times in American history. It succeeded in reuniting the nation politically after the Civil War but in little else. Conflict shifted from the battlefield to the Capitol as Congress warred with President Andrew Johnson over just what to do with the South. Johnson's plan of Presidential Reconstruction, which was sympathetic to the former Confederacy and allowed repressive measures such as the "black codes," would ultimately lead to his impeachment and the institution of Radical Reconstruction. While Reconstruction saw the ratification of the 14th and 15th Amendments, expanding the rights and suffrage of African Americans, it largely failed to chart a progressive course for race relations after the abolition of slavery and the rise of Jim Crow. It also struggled to manage the Southern resistance towards a Northern free-labor economy. However, these failures cannot obscure a number of accomplishments with long-term consequences for American life, among them the Civil Rights Act, the election of the first African American representatives to Congress, and the avoidance of renewed civil war. Reconstruction suffered from poor leadership and uncertainty of direction, but it also laid the groundwork for renewed struggles for racial equality during the civil rights movement. In this concise history, award-winning historian Allen C. Guelzo delves into the constitutional, political, and social issues behind Reconstruction to provide a lucid and original account of a historical moment that left an indelible mark on the American social fabric.
Author : John V. Orth
Publisher : Oxford University Press, USA
ISBN 13 : 0195040996
Total Pages : 248 pages
Book Rating : 4.1/5 (95 download)
Download or read book The Judicial Power of the United States written by John V. Orth and published by Oxford University Press, USA. This book was released on 1987 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Eleventh Amendment is one of the most obscure and sharply debated parts of the United States Constitution. The interpretation of this seeminly simple clause has troubled the Supreme Court at crucial periods in American history, and continues to excite sharp debate in the Court today. John V. Orth reconstructs the fascinating but little-known past of the Eleventh Amendment and connects it to pressing modern issues to provide new insight into the history of judicial interpretation.
Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674296275
Total Pages : 436 pages
Book Rating : 4.2/5 (962 download)
Download or read book The Federal Courts written by Richard A. Posner and published by Harvard University Press. This book was released on 1999-09-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.
Author : Justin J. Wert
Publisher : University Press of Kansas
ISBN 13 : 0700636021
Total Pages : 304 pages
Book Rating : 4.7/5 (6 download)
Download or read book Habeas Corpus in America written by Justin J. Wert and published by University Press of Kansas. This book was released on 2023-09-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most Americans, habeas corpus is the cornerstone of our legal system: the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political-toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance. Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Society, and the ongoing war on terrorism, habeas corpus has waxed and waned in harmony with the interests of majoritarian politics. Along the way, Wert identifies and explains the political context of fine points of law that many political scientists and historians may not be aware of—such as the exhaustion rule requiring that a federal habeas participant must first exhaust all possible claims for relief in state court, a maneuver by which the post-Reconstruction Court abandoned supervision of race relations in the South. Especially in light of the new scrutiny of habeas corpus prompted by the Guantánamo detainees, Wert's book is essential for broadening our understanding of how law and politics continue to intersect after 9/11. Brimming with fresh insights into constitutional development and regime theory, it shows that the Great Writ of Liberty may not be so great as we have supposed-because while it has the potential to enforce conceptions of rights that are consistent with the best ideals of American politics, it also has the potential to enforce its worst aspects as well.
Author : Edward O. Frantz
Publisher : John Wiley & Sons
ISBN 13 : 1118607759
Total Pages : 618 pages
Book Rating : 4.1/5 (186 download)
Download or read book A Companion to the Reconstruction Presidents, 1865 - 1881 written by Edward O. Frantz and published by John Wiley & Sons. This book was released on 2014-03-24 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to Reconstruction Presidents presents a series of original essays that explore a variety of important issues, themes, and debates associated with the presidencies of Andrew Johnson, Ulysses S. Grant, and Rutherford B. Hayes. Represents the first comprehensive look at the presidencies of Johnson, Grant, and Hayes in one volume Features contributions from top historians and presidential scholars Approaches the study of these presidents from a historiographical perspective Key topics include each president’s political career; foreign policy; domestic policy; military history; and social context of their terms in office
Author : Elizabeth Lee Thompson
Publisher : University of Georgia Press
ISBN 13 : 9780820326245
Total Pages : 228 pages
Book Rating : 4.3/5 (262 download)
Download or read book The Reconstruction of Southern Debtors written by Elizabeth Lee Thompson and published by University of Georgia Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a careful empirical study of nearly four thousand cases filed in three southern federal districts, this book focuses on how the Bankruptcy Act of 1867 helped shape the course and outcome of Reconstruction. Although passed by a Republican-dominated Congress that was commonly viewed as punitive toward the post-Civil War South, the Bankruptcy Act was a great benefit to southerners. In this first study of the operation of the 1867 Act, Elizabeth Lee Thompson challenges previous works, which maintain that nineteenth-century southerners uniformly opposed federal bankruptcy laws as threatening extensions of federal power. To the contrary, Thompson finds that southerners, faced with the war’s devastation, were more likely to file for bankruptcy than debtors in other parts of the country. The Act thus was the major piece of federal economic legislation that benefited southerners during Reconstruction. Thompson determines that because the vast majority of the Bankruptcy Act’s southern beneficiaries were propertied white men, the legislation served to stabilize and entrench the postwar economic--and thus social and political--power of the sector that included those who were recently leading secessionists and Confederates. Their participation in a federal process, through federal tribunals, during an era of intense white southern opposition to policies emanating from Washington reveals the complex interaction of states' rights ideology and self-interest. However, Thompson shows, white southerners ultimately sacrificed neither in relation to the Bankruptcy Act. After thousands had received economic relief through the statute and the number of filings had slowed to a trickle, southern congressmen supported the Act’s repeal in 1878.
Author : Erwin Chemerinsky
Publisher : Stanford University Press
ISBN 13 : 0804763135
Total Pages : 312 pages
Book Rating : 4.8/5 (47 download)
Download or read book Enhancing Government written by Erwin Chemerinsky and published by Stanford University Press. This book was released on 2008-05-22 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.
Author : Wang, Xi
Publisher : University of Georgia Press
ISBN 13 : 0820342068
Total Pages : 455 pages
Book Rating : 4.8/5 (23 download)
Download or read book The Trial of Democracy written by Wang, Xi and published by University of Georgia Press. This book was released on 2012-01-15 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Civil War, Republicans teamed with activist African Americans to protect black voting rights through innovative constitutional reforms--a radical transformation of southern and national political structures. The Trial of Democracy is a comprehensive analysis of both the forces and mechanisms that led to the implementation of black suffrage and the ultimate failure to maintain a stable northern constituency to support enforcement on a permanent basis. The reforms stirred fierce debates over the political and constitutional value of black suffrage, the legitimacy of racial equality, and the proper sharing of power between the state and federal governments. Unlike most studies of Reconstruction, this book follows these issues into the early twentieth century to examine the impact of the constitutional principles and the rise of Jim Crow. Tying constitutional history to party politics, The Trial of Democracy is a vital contribution to both fields.
Author : Brad Asher
Publisher : University Press of Kentucky
ISBN 13 : 0813181380
Total Pages : 286 pages
Book Rating : 4.8/5 (131 download)
Download or read book The Most Hated Man in Kentucky written by Brad Asher and published by University Press of Kentucky. This book was released on 2021-07-27 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the last third of the nineteenth century, Union General Stephen Gano Burbridge enjoyed the unenviable distinction of being the most hated man in Kentucky. From mid-1864, just months into his reign as the military commander of the state, until his death in December 1894, the mere mention of his name triggered a firestorm of curses from editorialists and politicians. By the end of Burbridge's tenure, Governor Thomas E. Bramlette concluded that he was an "imbecile commander" whose actions represented nothing but the "blundering of a weak intellect and an overwhelming vanity." In this revealing biography, Brad Asher explores how Burbridge earned his infamous reputation and adds an important new layer to the ongoing reexamination of Kentucky during and after the Civil War. Asher illuminates how Burbridge—as both a Kentuckian and the local architect of the destruction of slavery—became the scapegoat for white Kentuckians, including many in the Unionist political elite, who were unshakably opposed to emancipation. Beyond successfully recalibrating history's understanding of Burbridge, Asher's biography adds administrative and military context to the state's reaction to emancipation and sheds new light on its postwar pro-Confederacy shift.
Author : Stephen Skowronek
Publisher : Cambridge University Press
ISBN 13 : 9780521288651
Total Pages : 404 pages
Book Rating : 4.2/5 (886 download)
Download or read book Building a New American State written by Stephen Skowronek and published by Cambridge University Press. This book was released on 1982-06-30 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the reconstruction of institutional power relationships that had to be negotiated among the courts, the parties, the President, the Congress, and the states in order to accommodate the expansion of national administrative capacities around the turn of the twentieth century.
Author : Jonathan W. White
Publisher : LSU Press
ISBN 13 : 0807142166
Total Pages : 305 pages
Book Rating : 4.8/5 (71 download)
Download or read book Abraham Lincoln and Treason in the Civil War written by Jonathan W. White and published by LSU Press. This book was released on 2011-11-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.
Author : Mark Tushnet
Publisher : Oxford University Press
ISBN 13 : 0190245778
Total Pages : 992 pages
Book Rating : 4.1/5 (92 download)
Download or read book The Oxford Handbook of the U.S. Constitution written by Mark Tushnet and published by Oxford University Press. This book was released on 2015-07-31 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1222 pages
Book Rating : 4.3/5 (129 download)
Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2011 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
