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Author : Francis N. Stites
Publisher :
ISBN 13 :
Total Pages : 181 pages
Book Rating : 4.:/5 (181 download)
Download or read book John Marshall, Defender of the Constitution written by Francis N. Stites and published by . This book was released on 2001 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Linda Przybyszewski
Publisher : UNC Press Books
ISBN 13 : 1469649284
Total Pages : 310 pages
Book Rating : 4.4/5 (696 download)
Download or read book The Republic according to John Marshall Harlan written by Linda Przybyszewski and published by UNC Press Books. This book was released on 2018-07-25 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice John Marshall Harlan (1833-1911) is best known for condemning racial segregation in his dissent from Plessy v. Ferguson in 1896, when he declared, "Our Constitution is color-blind." But in other judicial decisions--as well as in some areas of his life--Harlan's actions directly contradicted the essence of his famous statement. Similarly, Harlan was called the people's judge for favoring income tax and antitrust laws, yet he also upheld doctrines that benefited large corporations. Examining these and other puzzles in Harlan's judicial career, Linda Przybyszewski draws on a rich array of previously neglected sources--including the verbatim transcripts of his 1897-98 lectures on constitutional law, his wife's 1915 memoirs, and a compilation of opinions, drawn up by Harlan himself, that he wanted republished. Her thoughtful examination demonstrates how Harlan inherited the traditions of paternalism, nationalism, and religious faith; how he reshaped these traditions in light of his experiences as a lawyer, political candidate, and judge; and how he justified the vision of the law he wrote. An innovative combination of personal and judicial biography, this book makes an insightful contribution to American constitutional and intellectual history.
Author : Charles F. Hobson
Publisher :
ISBN 13 :
Total Pages : 278 pages
Book Rating : 4.3/5 (91 download)
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
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 : Harlow Giles Unger
Publisher : Da Capo Press
ISBN 13 : 0306822210
Total Pages : 386 pages
Book Rating : 4.3/5 (68 download)
Download or read book John Marshall written by Harlow Giles Unger and published by Da Capo Press. This book was released on 2014-09-30 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: A hero in America's war against British tyranny, John Marshall with his heroics as Chief Justice turned the Supreme Court into a bulwark against presidential and congressional tyranny and saved American democracy. In this startling biography, award-winning author Harlow Giles Unger reveals how Virginia-born John Marshall emerged from the Revolutionary War's bloodiest battlefields to become one of the nation's most important Founding Fathers: America's greatest Chief Justice. Marshall served his country as an officer, Congressman, diplomat, and Secretary of State before President John Adams named him the nation's fourth Chief Justice, the longest-serving in American history. Marshall transformed the Supreme Court from an irrelevant appeals court into a powerful branch of government -- and provoked the ire of thousands of Americans who, like millions today, accused him and the court of issuing decisions that were tantamount to new laws and Constitutional amendments. And the Court's critics were right! Marshall admitted as much. With nine decisions that shocked the nation, John Marshall and his court assumed powers to strike down laws it deemed unconstitutional. In doing so, Marshall's court acted without Constitutional authority, but its decisions saved American liberty by protecting individual rights and the rights of private business against tyranny by federal, state, and local government.
Author : John Yoo
Publisher : Macmillan + ORM
ISBN 13 : 125026961X
Total Pages : 222 pages
Book Rating : 4.2/5 (52 download)
Download or read book Defender in Chief written by John Yoo and published by Macmillan + ORM. This book was released on 2020-07-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defender in Chief, celebrated constitutional scholar John Yoo makes a provocative case against Donald Trump's alleged disruption of constitutional rules and norms. Donald Trump isn't shredding the Constitution—he's its greatest defender. Ask any liberal—and many moderate conservatives—and they'll tell you that Donald Trump is a threat to the rule of law and the U.S. Constitution. Mainstream media outlets have reported fresh examples of alleged executive overreach or authoritarian White House decisions nearly every day of his presidency. In the 2020 primaries, the candidates have rushed to accuse Trump of destroying our democracy and jeopardizing our nation's very existence. Yoo argues that this charge has things exactly backwards. Far from considering Trump an inherent threat to our nation's founding principles, Yoo convincingly argues that Washington, Jefferson, Madison and Hamilton would have seen Trump as returning to their vision of presidential power, even at his most controversial. It is instead liberal opponents who would overthrow existing constitutional understanding in order to unseat Trump, but in getting their man would inflict permanent damage on the office of the presidency, the most important office in our constitutional system and the world. This provocative and engaging work is a compelling defense of an embattled president's ideas and actions.
Author : Clyde H. Ray
Publisher : SUNY Press
ISBN 13 : 1438474415
Total Pages : 172 pages
Book Rating : 4.4/5 (384 download)
Download or read book John Marshall's Constitutionalism written by Clyde H. Ray and published by SUNY Press. This book was released on 2019-06-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of John Marshall’s political thought with special emphasis on his views of constitutional legitimacy, sovereignty, citizenship, and national identity. John Marshall’s Constitutionalism is an exploration of Supreme Court Chief Justice John Marshall’s political thought. Often celebrated and occasionally derided as a force in the creation of American jurisprudence and the elevation of the American Supreme Court, Marshall is too seldom studied as a political thinker. Clyde H. Ray explores this neglected dimension of Marshall’s thought by examining his constitutional theory in the context of several of his most important Supreme Court opinions, arguing that Marshall’s political theory emphasized the federal Constitution’s fundamental legitimacy; its sovereignty over national and state government policy; its importance in defining responsible citizenship; and its role in establishing a Constitution-based form of American nationalism. This cross-disciplinary argument illustrates Marshall’s devotion to the Constitution as a new source of national identity during the early national period. Furthermore, Ray argues that Marshall’s constitutionalism makes important contributions not only to our understanding of American constitutionalism during his time, but also conveys important lessons for readers seeking a better understanding of the Constitution’s role in the United States today. “Ray’s deep analysis shows how Chief Justice John Marshall’s constitutional thought can inform our thinking today about issues of legitimacy, federalism, and national identity.” — Frank Colucci, Purdue University
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 : Jon Marshall
Publisher : U of Nebraska Press
ISBN 13 : 1640123857
Total Pages : 423 pages
Book Rating : 4.6/5 (41 download)
Download or read book Clash written by Jon Marshall and published by U of Nebraska Press. This book was released on 2022-05 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clash describes the powerful political, technological, economic, and social forces that shape the relationship between presidents and the press and how that relationship shapes public opinion. Jon Marshall argues that the press now faces new threats and must grow stronger: American democracy depends on it.
Author : William R. Casto
Publisher : Chief Justices of the United S
ISBN 13 : 9781611171471
Total Pages : 296 pages
Book Rating : 4.1/5 (714 download)
Download or read book The Supreme Court in the Early Republic written by William R. Casto and published by Chief Justices of the United S. This book was released on 2012 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Supreme Court's creation and roughly its first decade of operation, up to 1901, when John Marshall became its fourth Chief Justice. the book is intended for general readers -- both lawyers and non lawyers -- with a scholarly interest in the subject.-- p. 1.
Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)
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.
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 : Albert Jeremiah Beveridge
Publisher :
ISBN 13 :
Total Pages : 1366 pages
Book Rating : 4.:/5 (318 download)
Download or read book The Life of John Marshall written by Albert Jeremiah Beveridge and published by . This book was released on 1919 with total page 1366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775505
Total Pages : 172 pages
Book Rating : 4.5/5 (847 download)
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author : Gerald Gunther
Publisher : Oxford University Press
ISBN 13 : 0199703434
Total Pages : 724 pages
Book Rating : 4.1/5 (997 download)
Download or read book Learned Hand written by Gerald Gunther and published by Oxford University Press. This book was released on 2010-06-24 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg. Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the political and social circumstances of the times in which he lived. Born in 1872, Hand served on the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. He clearly crafted and delivered thousands of decisions in a wide range of cases through extensive, conscientious investigation and analysis, while at the same time exercising wisdom and personal detachment. His opinions are still widely quoted today, and will remain as an everlasting tribute to his life and legacy.
Author : Richard Moody Swain
Publisher : Government Printing Office
ISBN 13 : 9780160937583
Total Pages : 216 pages
Book Rating : 4.9/5 (375 download)
Download or read book The Armed Forces Officer written by Richard Moody Swain and published by Government Printing Office. This book was released on 2017 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.
