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The Supreme Court And The Uses Of History
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Book Synopsis The Supreme Court and the Uses of History by : Charles Allen Miller
Download or read book The Supreme Court and the Uses of History written by Charles Allen Miller and published by Touchstone. This book was released on 1972 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court and the Uses of History by : Charles A. Miller
Download or read book The Supreme Court and the Uses of History written by Charles A. Miller and published by . This book was released on 1969 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A History of the Supreme Court by : the late Bernard Schwartz
Download or read book A History of the Supreme Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1995-02-23 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Book Synopsis A People's History of the Supreme Court by : Peter Irons
Download or read book A People's History of the Supreme Court written by Peter Irons and published by Penguin. This book was released on 2006-07-25 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court featuring a forward by Howard Zinn Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)
Book Synopsis The Documentary History of the Supreme Court of the United States, 1789-1800 by : Maeva Marcus
Download or read book The Documentary History of the Supreme Court of the United States, 1789-1800 written by Maeva Marcus and published by Columbia University Press. This book was released on 1985 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1930s a band of smart and able young men, some still in their twenties, helped Franklin D. Roosevelt transform an American nation in crisis. They were the junior officers of the New Deal. Thomas G. Corcoran, Benjamin V. Cohen, William O. Douglas, Abe Fortas, and James Rowe helped FDR build the modern Democratic Party into a progressive coalition whose command over power and ideas during the next three decades seemed politically invincible. This is the first book about this group of Rooseveltians and their linkage to Lyndon Johnson's Great Society and the Vietnam War debacle. Michael Janeway grew up inside this world. His father, Eliot Janeway, business editor of Time and a star writer for Fortune and Life magazines, was part of this circle, strategizing and practicing politics as well as reporting on these men. Drawing on his intimate knowledge of events and previously unavailable private letters and other documents, Janeway crafts a riveting account of the exercise of power during the New Deal and its aftermath. He shows how these men were at the nexus of reform impulses at the electoral level with reform thinking in the social sciences and the law and explains how this potent fusion helped build the contemporary American state. Since that time efforts to reinvent government by "brains trust" have largely failed in the U.S. In the last quarter of the twentieth century American politics ceased to function as a blend of broad coalition building and reform agenda setting, rooted in a consensus of belief in the efficacy of modern government. Can a progressive coalition of ideas and power come together again? The Fall of the House of Roosevelt makes such a prospect both alluring and daunting.
Download or read book The Supreme Court written by Tom S. Clark and published by Cambridge University Press. This book was released on 2019-03-14 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a quantitative history of the development of constitutional law in the United States during the past 150 years.
Book Synopsis History of the Supreme Court of the United States (Classic Reprint) by : Gustavus Myers
Download or read book History of the Supreme Court of the United States (Classic Reprint) written by Gustavus Myers and published by Forgotten Books. This book was released on 2018-01-08 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from History of the Supreme Court of the United States To a work lsuch as this, avoiding as it does both theories and conclusions, and confining itself strictly to ascertainable facts, little or no prefatory note is required. Neither is any explanation necessary as to why the author chose to write the historical narrative of the Supreme Court of the United States. All departments of human activity are subject, or should be, to scrutiny and investigation, and the series of facts discovered become a definite part of knowledge to be explored, assembled and disseminated. Quite true, while research has hitherto penetrated into all other branches of historical development, the courts have been singularly exempt. That they have been immune from search ing inquiry; that around them has been created a myth, a fic tion of supermundane superiority, is no reason why the case should continue so. On the contrary, the more their history and course have been shrouded in tradition and mystery, the more pressing, is the necessity for learning and describing the actual facts. Only those who for sentimental or ulterior purposes would seek to disseminate fiction rather than facts can object to a serious inquiry into any institution and the collocation of verified facts. Such an objection at once dis credits and disposes of itself in its obvious attack upon an attempt to bring out the truth, and in its aim to suppress the facts from becoming public information. 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.
Book Synopsis Memory and Authority by : Jack M. Balkin
Download or read book Memory and Authority written by Jack M. Balkin and published by Yale University Press. This book was released on 2024-02-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of the nation's preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct--and erase--memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.
Book Synopsis A History of the Supreme Court by : Bernard Schwartz
Download or read book A History of the Supreme Court written by Bernard Schwartz and published by Oxford University Press. This book was released on 1993 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.
Book Synopsis The Supreme Court of the United States by : Westel W. Willoughby
Download or read book The Supreme Court of the United States written by Westel W. Willoughby and published by Forgotten Books. This book was released on 2018-03-07 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Supreme Court of the United States: Its History and Influence in Our Constitutional System With the severance Of political connection of the colonies with England, the judicial, with the other powers of govern ment, were thrown into the hands of the several colonies, but the only change in the administration of the judicial functions arising from this circumstance, was that the highest court of each state became the court of final resort, instead Of the Privy Council. 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.
Book Synopsis The Use of History in the Decisions of the Supreme Court by : John J. Daly
Download or read book The Use of History in the Decisions of the Supreme Court written by John J. Daly and published by . This book was released on 1954 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis One Supreme Court by : James E Pfander
Download or read book One Supreme Court written by James E Pfander and published by Oxford University Press. This book was released on 2009-05-26 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.
Book Synopsis The Supreme Court in United States History by : Charles Warren
Download or read book The Supreme Court in United States History written by Charles Warren and published by . This book was released on 1926 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Court written by and published by . This book was released on 1893 with total page 1432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis History of the Supreme Court of the United States by : Gustavus Myers
Download or read book History of the Supreme Court of the United States written by Gustavus Myers and published by . This book was released on 1912 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Hidden History of the Supreme Court and the Betrayal of America by : Thom Hartmann
Download or read book The Hidden History of the Supreme Court and the Betrayal of America written by Thom Hartmann and published by Berrett-Koehler Publishers. This book was released on 2019-10-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, explains how the Supreme Court has spilled beyond its Constitutional powers and how we the people should take that power back. Taking his typically in-depth, historically informed view, Thom Hartmann asks, What if the Supreme Court didn't have the power to strike down laws? According to the Constitution, it doesn't. From the founding of the republic until 1803, the Supreme Court was the final court of appeals, as it was always meant to be. So where did the concept of judicial review start? As so much of modern American history, it began with the battle between the Federalists and Anti-Federalists, and with Marbury v. Madison. Hartmann argues it is not the role of the Supreme Court to decide what the law is but rather the duty of the people themselves. He lays out the history of the Supreme Court of the United States, since Alexander Hamilton's defense to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers. The ultimate remedy to the Supreme Court's abuse of power is with the people--the ultimate arbiter of the law--using the ballot box. America does not belong to the kings and queens; it belongs to the people.
Book Synopsis The Supreme Court in United States History, Vol. 2 of 3 by : Charles Warren
Download or read book The Supreme Court in United States History, Vol. 2 of 3 written by Charles Warren and published by Forgotten Books. This book was released on 2017-10-17 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Supreme Court in United States History, Vol. 2 of 3: 1821-1855 Three statesmen of Virginia led the attempt to awaken the people to the crisis which impended. In 1820, John Taylor Of Virginia issued his famous Construction Construed and Constitution Vindicated, which with his New Vistas of the Constitution published in 1823, con stituted for many years the political Bible of the extreme state-rights school. The Missouri question is prob ably not yet closed; the principle on which it turns is certainly not settled. Further attempts are to be made to wrest from the new States about to enter into the American Confederacy the power of regulating their own concerns. The tariff question is again to be agi tated. The usurpation of a Federal power over roads and canals is again to be attempted and again to be reprobated. That charter (of the Bank) has been justified by the Supreme Court, on principles so bold and alarming, that no man who loves the Con stitution can fold his arms in apathy principles calculated to give the tone to an acquiescent people, to change the Whole face of our Government, and to gen erate a thousand measures which the framers Of the Constitution never anticipated. The period bor rows new gloom from the apathy which seems to reign over SO many of our sister States. The very sound of state-rights is scarcely ever heard among them. In his Tyranny Unmasked, in 1822, Taylor denounced the judicial power, and set forth the doctrine that whenever the Constitution Operates upon collisions between individuals, it is to be construed by the Court; but when it operates upon collision between political departments, it is not to be construed by the Court. 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.