The Role Of The Circuit Courts In The Development Of Federal Justice And The Shaping Of United States Law In The Early Republic

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

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Author : David Lynch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910867
Total Pages : 287 pages
Book Rating : 4.5/5 (99 download)

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 287 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.

The Great Chief Justice

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Author : Charles F. Hobson
Publisher :
ISBN 13 :
Total Pages : 278 pages
Book Rating : 4.3/5 (91 download)

Book Synopsis The Great Chief Justice by : Charles F. Hobson

Download or read book The Great Chief Justice written by Charles F. Hobson and published by . This book was released on 1996 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: "John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

The Federalist Papers

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Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Aggressive Nationalism

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Author : Richard E. Ellis
Publisher : Oxford University Press
ISBN 13 : 0198043503
Total Pages : 276 pages
Book Rating : 4.1/5 (98 download)

Book Synopsis Aggressive Nationalism by : Richard E. Ellis

Download or read book Aggressive Nationalism written by Richard E. Ellis and published by Oxford University Press. This book was released on 2007-08-22 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by the greatest Chief Justice, in which he declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Although it is now recognized as the foundational statement for a strong and active federal government, the immediate impact of the ruling was short-lived and widely criticized. Placing the decision and the public reaction to it in their proper historical context, Richard E. Ellis finds that Maryland, though unopposed to the Bank, helped to bring the case before the Court and a sympathetic Chief Justice, who worked behind the scenes to save the embattled institution. Almost all treatments of the case consider it solely from Marshall's perspective, yet a careful examination reveals other, even more important issues that the Chief Justice chose to ignore. Ellis demonstrates that the points which mattered most to the States were not treated by the Court's decision: the private, profit-making nature of the Second Bank, its right to establish branches wherever it wanted with immunity from state taxation, and the right of the States to tax the Bank simply for revenue purposes. Addressing these issues would have undercut Marshall's nationalist view of the Constitution, and his unwillingness to adequately deal with them produced immediate, widespread, and varied dissatisfaction among the States. Ellis argues that Marshall's "aggressive nationalism" was ultimately counter-productive: his overreaching led to Jackson's democratic rejection of the decision and failed to reconcile states' rights to the effective operation of the institutions of federal governance. Elegantly written, full of new information, and the first in-depth examination of McCulloch v. Maryland, Aggressive Nationalism offers an incisive, fresh interpretation of this familiar decision central to understanding the shifting politics of the early republic as well as the development of federal-state relations, a source of constant division in American politics, past and present.

Representing Justice

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Author : Judith Resnik
Publisher : Yale University Press
ISBN 13 : 0300110960
Total Pages : 719 pages
Book Rating : 4.3/5 (1 download)

Book Synopsis Representing Justice by : Judith Resnik

Download or read book Representing Justice written by Judith Resnik and published by Yale University Press. This book was released on 2011-01-01 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.

How Our Laws are Made

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Author : John V. Sullivan
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (327 download)

Book Synopsis How Our Laws are Made by : John V. Sullivan

Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Learn about the United States

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Author : U.S. Citizenship and Immigration Services
Publisher : Government Printing Office
ISBN 13 : 9780160831188
Total Pages : 36 pages
Book Rating : 4.8/5 (311 download)

Book Synopsis Learn about the United States by : U.S. Citizenship and Immigration Services

Download or read book Learn about the United States written by U.S. Citizenship and Immigration Services and published by Government Printing Office. This book was released on 2009 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Learn About the United States" is intended to help permanent residents gain a deeper understanding of U.S. history and government as they prepare to become citizens. The product presents 96 short lessons, based on the sample questions from which the civics portion of the naturalization test is drawn. An audio CD that allows students to listen to the questions, answers, and civics lessons read aloud is also included. For immigrants preparing to naturalize, the chance to learn more about the history and government of the United States will make their journey toward citizenship a more meaningful one.

Keeping Faith with the Constitution

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Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Founding Fathers

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Author : Richard B. Bernstein
Publisher : Oxford University Press, USA
ISBN 13 : 0190273518
Total Pages : 184 pages
Book Rating : 4.1/5 (92 download)

Book Synopsis The Founding Fathers by : Richard B. Bernstein

Download or read book The Founding Fathers written by Richard B. Bernstein and published by Oxford University Press, USA. This book was released on 2015 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise and elegant contribution to the Very Short Introduction series reintroduces the history that shaped the founding fathers, the history that they made, and what history has made of them. The book provides a context within which to explore the world of Washington, Franklin, Jefferson, Adams, and Hamilton, as well as their complex and still-controversial achievements and legacies.

American Government 3e

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Author : Glen Krutz
Publisher :
ISBN 13 : 9781738998470
Total Pages : 0 pages
Book Rating : 4.9/5 (984 download)

Book Synopsis American Government 3e by : Glen Krutz

Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

How Judges Think

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Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

The Bill of Rights

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Author : Linda R. Monk
Publisher : Hachette Books
ISBN 13 : 0316417750
Total Pages : 491 pages
Book Rating : 4.3/5 (164 download)

Book Synopsis The Bill of Rights by : Linda R. Monk

Download or read book The Bill of Rights written by Linda R. Monk and published by Hachette Books. This book was released on 2018-04-10 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.

Our Documents

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Author : The National Archives
Publisher : Oxford University Press
ISBN 13 : 0198042272
Total Pages : 257 pages
Book Rating : 4.1/5 (98 download)

Book Synopsis Our Documents by : The National Archives

Download or read book Our Documents written by The National Archives and published by Oxford University Press. This book was released on 2006-07-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Documents is a collection of 100 documents that the staff of the National Archives has judged most important to the development of the United States. The entry for each document includes a short introduction, a facsimile, and a transcript of the document. Backmatter includes further reading, credits, and index. The book is part of the much larger Our Documents initiative sponsored by the National Archives and Records Administration (NARA), National History Day, the Corporation for National and Community Service, and the USA Freedom Corps.

The Documentary History of the Supreme Court of the United States, 1789-1800: The justices on circuit, 1790-1794

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Author : Maeva Marcus
Publisher : Columbia University Press
ISBN 13 : 9780231088695
Total Pages : 652 pages
Book Rating : 4.0/5 (886 download)

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.

A More Perfect Union

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Author :
Publisher : National Archives & Records Administration
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.X/5 (4 download)

Book Synopsis A More Perfect Union by :

Download or read book A More Perfect Union written by and published by National Archives & Records Administration. This book was released on 1986 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.

The Challenge of Crime in a Free Society

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Author : United States. President's Commission on Law Enforcement and Administration of Justice
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.F/5 ( download)

Book Synopsis The Challenge of Crime in a Free Society by : United States. President's Commission on Law Enforcement and Administration of Justice

Download or read book The Challenge of Crime in a Free Society written by United States. President's Commission on Law Enforcement and Administration of Justice and published by . This book was released on 1967 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.

The Federal Courts

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Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674296275
Total Pages : 436 pages
Book Rating : 4.2/5 (962 download)

Book Synopsis The Federal Courts by : Richard A. Posner

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.