Download or read book Federal Courts in the Early Republic written by Mary K. Bonsteel Tachau and published by Princeton University Press. This book was released on 2015-03-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the basis of both civil and criminal suits, some private and some brought by the government, Professor Tachau demonstrates that the federal courts in Kentucky were immediately accessible, visible, and deeply involved in the lives of the people. The actual legal practice revealed in the records thus contradicts much of the conventional wisdom and traditional assumptions about the "inferiority" of the lower federal judiciary and suggests that a major revision of American legal and constitutional history may be in order. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Download or read book Federal Courts in the Early Republic written by Mary K. Tachau and published by . This book was released on with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Supreme Court in the Early Republic written by William R. Casto and published by Univ of South Carolina Press. This book was released on 2012-11-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: William R. Casto sheds a new light on America's federal judiciary and the changing legal landscape with his detailed examination of the Supreme Court's formative years. In a study that spans the period from the Court's tentative beginnings through the appointment of its third chief justice, Casto reveals a judicial body quite different in orientation and philosophy from the current Supreme Court and one with a legacy of enduring significance for the U.S. legal system. Casto portrays the founding of the Supreme Court as a conscious effort to help the newly established government deal more effectively with national security and foreign policy concerns, and he credits the Court with assisting the Washington and Adams administrations establish stable relationships with Great Britain and France. The initial debate over the Supreme Court's jurisdiction as well as over the method of selecting its justices is recalled here. Casto also reveals the philosophical mindset of the first Supreme Court, contrasting the eighteenth-century concept of natural law with the legal positivism on which the Supreme Court now relies. Using this historical context, he addresses the political controversy over federal common-law crimes, the drafting of the Judiciary Act of 1789, and the adoption of judicial review.
Download or read book Federal Courts in the Early Republic Kentucy 1789 1816 written by and published by . This book was released on 1978 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 257 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.
Download or read book The Lower Federal Courts in the Early Republic written by D. Kurt Graham and published by . This book was released on 2002 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch (Judge) and published by . This book was released on 2018 with total page 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.--
Download or read book Repressive Jurisprudence in the Early American Republic written by Phillip I. Blumberg and published by Cambridge University Press. This book was released on 2010-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to explain how American society, which had been capable of noble aspirations such as those in the Declaration of Independence and the Constitution, was capable of adopting one of the most widely deplored statutes of our history, the Sedition Act of 1798. It examines how the political ideals of the American Revolution were undermined by the adoption of repressive doctrines of the English monarchial system - the criminalization of criticism against the king, the Parliament, the judiciary, and Christianity. Freedom of speech was dramatically confined, and this law remained unchallenged until well into the twentieth century. This book will be of keen interest to all concerned with the early Republic, freedom of speech, and evolution of American constitutional jurisprudence. Because it addresses the much-criticized Sedition Act of 1798, one of the most dramatic illustrations of this repressive jurisprudence, the book will also be of interest to Americans concerned about preserving free speech in wartime.
Download or read book Order in the Courts written by I. Scott Messinger and published by . This book was released on 2002 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of the Circuit Courts in the Development of Federal Justice and the Shaping of United States Law in the Early Republic written by David Lynch and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Download or read book Constitutional Origins of the Federal Judiciary written by Matthew S. Brogdon and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation examines the constitutional underpinnings of twentieth-century developments in the structure and function of the federal judicial system. In the half-century between 1891 and 1939, the federal judiciary underwent its first complete reorganization since the First Congress passed the Judiciary Act of 1789. The result was rapid growth in the independence, extent, and power of federal courts. Congress first furnished the federal judiciary with the institutional means to extend its jurisdiction by increasing the number of federal trial courts and establishing a full set of intermediate appellate courts in 1891 to handle the bulk of federal judicial business. In the ensuing decades, Congress gradually relinquished control over the Supreme Court's appellate jurisdiction, giving the Court nearly complete discretion over the composition of its own docket. Soon thereafter, Congress likewise turned over control of federal procedure to the Judicial Conference of the United States and in 1939 furnished the federal judiciary with its own administrative apparatus, the Administrative Office of the Federal Courts, to aid in the formulation and administration of judicial policy. The resulting institution looked far different than the judiciary that had administered federal law in the early republic. Prevailing accounts of this development find the origins of the modern judiciary in its immediate political context and deny to the Constitution any role as a determinate of its forms, claiming that the Framers never envisioned the sort of judicial institution that now pervades the Union. Looking to the framing of Article III in the Federal Convention of 1787, debates in the First Congress on the Judiciary Act of 1789, and the exercise of judicial power in the early republic, I argue to the contrary that the modern judiciary is a fulfillment of, rather than a divergence from, the institutional design of the Constitution. This has important implications not only for the adjudication of interpretive controversies over the meaning and application of Article III, but also for broader debates about the complex interaction between constitutional forms and political practice. It suggests that the Constitution functions as a determinant as well as a product of American political development.
Download or read book The New Wheel in the Federal Machine written by and published by . This book was released on 2008 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: The years between 1787 and 1802 witnessed a transformation in American federal theory: from the focus on legislative authority that had occupied constitutional thinkers since the colonial period to a new emphasis on jurisdiction and a corresponding institutional preoccupation with courts. This shift is evident in the decades-long debate concerning the nature and scope of the federal judicial power, which saw repeated efforts by jurists and statecrafters to establish the proper jurisdictional arrangement to mediate between the multiple levels of government set forth in the Constitution. The fruits of these struggles to cement the practical and ideological meanings of federalism were the judiciary acts of 1789 and 1801. The two acts have received remarkably disparate treatment from scholars, with the 1789 act heralded as the basis of the federal judicial system and the 1801 act largely regarded as an embarrassment notable only for its role in the partisan conflict surrounding the election of 1800. Instead of lionizing the 1789 act and attempting to excuse or dismiss the 1801 act, however, I read the two together to offer new insights into these crucial decades. In the 1801 act, Federalists sought to revive the colonial idea of subject-matter jurisdiction by establishing broad federal jurisdiction, including granting arising under jurisdiction to the federal courts and easing the requirements for removal of cases from state to federal court. The election of 1800 and the ensuing repeal of the 1801 act, however, spelled the demise of this idea of jurisdiction and a return to the type of concurrence and overlap among levels of government that had characterized the system set up by the 1789 act. As a chapter in my forthcoming book on the history of the American federal idea, this essay challenges the assumption underlying some modern federalism scholarship that nationalization through the federal judiciary is a relatively new, post-1937 phenomenon. My argument demonstrates the anachronistic nature of such assumptions by highlighting the centrality of the judiciary to early republican debates concerning the scope and extent of national power.
Download or read book Building the Judiciary written by Justin Crowe and published by Princeton University Press. This book was released on 2012-03-25 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
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
Download or read book To Bring Law Home written by D. Kurt Graham and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original study, Kurt Graham sheds light on both an understudied institution and an underappreciated period in our nation's judicial history with an examination of the federal judiciary--the district and circuit courts--during the early national period. Using Rhode Island as a case study, Graham argues that the federal judicial system exerted a significant nationalizing influence on the citizens and states of the new American nation. Graham illustrates how the federal judiciary brought a federal presence and national authority to bear in Rhode Island, a state that had resisted federal union longer than any other. Rhode Island represents an ideal example: in part because of its initial resistance to federal union--a condition that made the national presence more conspicuous--and in part because of its heavy involvement in commerce. The national government's income came from customs duties, which gave Rhode Island and the federal courts there a significance they otherwise might not have had. The federal courts in Rhode Island highlight both the localized nature of national authority and the relative strength of the national government from its inception. The district and circuit courts have lived in the shadow of the U.S. Supreme Court and have been considered "inferior" courts in every sense. Beginning with Charles Warren's groundbreaking 1922 work, The Supreme Court in United States History, legal historians have focused on the significance of the Supreme Court, its decisions, and its justices. Because of this focus, the role of the lower courts--which is where most of the federal judicial activity took place in the early republic--has gone virtually unexplored. Graham contends that the lower federal courts were instrumental in establishing and maintaining national supremacy and in steadily enhancing the power of the national government. Legal historians and scholars of the early republic will appreciate this insightful book that opens a window onto an often overlooked aspect of U.S. history.
