Download or read book The Reconstruction of Federal Judicial Power 1863 1875 written by William M. Wiecek and published by . This book was released on 1967 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Reconstruction of Federal Judicial Power 1863 1875 written by and published by Ardent Media. This book was released on with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Power and Reconstruction Politics written by Stanley I. Kutler and published by University of Chicago Press. This book was released on 2022-03-25 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the Supreme Court in the wake of the Dred Scott decision. This book investigates the political and public standing of the Supreme Court following the Dred Scott decision. Arguing against interpretations by previous historians, Kutler asserts instead that the "Chase Court" was neither enfeebled by the decision itself, nor by congressional Republicans during reconstruction. Instead, Kutler suggests that during reconstruction, the Court was characterized by forcefulness and judicious restraint rather than timidity and cowardice, holding a creative and determining role rather than abdicating its rightful powers. This volume assembles a series of essays by Kutler arguing for this characterization. Provocative and persuasive at turns, this collection of essays provides a bold and innovative reinterpretation of the Supreme Court after the Civil War.

Download or read book The Oxford Handbook of the U S Constitution written by Mark V. Tushnet and published by Oxford University Press, USA. This book was released on 2015 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Download or read book Religion Race and Reconstruction written by Ward M. McAfee and published by SUNY Press. This book was released on 1998-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simultaneously resurrects a lost dimension of a most important segment of American history and illuminates America's present and future by showing the role religious issues played in Reconstruction during the 1870s.

Download or read book Antonin Scalia and American Constitutionalism written by Edward A. Purcell, Jr. and published by Oxford University Press. This book was released on 2020-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Download or read book The Reconstruction of Southern Debtors written by Elizabeth Lee Thompson and published by University of Georgia Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a careful empirical study of nearly four thousand cases filed in three southern federal districts, this book focuses on how the Bankruptcy Act of 1867 helped shape the course and outcome of Reconstruction. Although passed by a Republican-dominated Congress that was commonly viewed as punitive toward the post-Civil War South, the Bankruptcy Act was a great benefit to southerners. In this first study of the operation of the 1867 Act, Elizabeth Lee Thompson challenges previous works, which maintain that nineteenth-century southerners uniformly opposed federal bankruptcy laws as threatening extensions of federal power. To the contrary, Thompson finds that southerners, faced with the war’s devastation, were more likely to file for bankruptcy than debtors in other parts of the country. The Act thus was the major piece of federal economic legislation that benefited southerners during Reconstruction. Thompson determines that because the vast majority of the Bankruptcy Act’s southern beneficiaries were propertied white men, the legislation served to stabilize and entrench the postwar economic--and thus social and political--power of the sector that included those who were recently leading secessionists and Confederates. Their participation in a federal process, through federal tribunals, during an era of intense white southern opposition to policies emanating from Washington reveals the complex interaction of states' rights ideology and self-interest. However, Thompson shows, white southerners ultimately sacrificed neither in relation to the Bankruptcy Act. After thousands had received economic relief through the statute and the number of filings had slowed to a trickle, southern congressmen supported the Act’s repeal in 1878.

Download or read book Habeas Corpus Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1986 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Litigation and Inequality written by Edward A. Purcell and published by Oxford University Press, USA. This book was released on 1992 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation and Inequality explores the dynamic and intricate relationship between legal and social change through the prism of litigation tactics and out-of-court settlement practices from the 1870s to the 1950s. Developing the synthetic historical concept of a "social litigation system", Purcell analyzes the role of both substansive and procedural law, as well as the impact of social and political factors in shaping the de facto processes of litigation and claims-disputing. Focusing on tort and insurance contract disputes between individuals and national corporations, he examines the changing social and economic significance of the choice between state and national courts that federal diversity jurisdiction gave litigants. Litigation and Inequality scrutinizes the increasingly sophisticated methods that parties developed to exploit their ability to choose between forums. It also traces the changing responses of the courts and legislatures to the escalation of tactical maneuvering. It locates the origins of modern litigation practice in the quarter century after 1910. Purcell points to fundamental flaws in the "efficiency" theory of tort law of the late nineteenth and early twentieth century. He identifies specific ways in which the legal system regularly subsidized corporate enterprise. He seriously qualifies and refines the progressive charge that the federal courts favored business interests. The book argues that during the period from the turn of the century to World War I - especially the critical period from 1905 to 1908 - the Supreme Court reoriented the federal judicial system and essentially created the twentieth century federal judiciary. It also challenges the idea thatdiversity jurisdiction is best understood as a device to protect nonresidents from local prejudice. It illuminates a range of related historical and legal issues, from the ostensible "formalism" of the late nineteenth century judicial thinking to the origins of the workmen's compensation movement. Examining these developments with clarity and insight, this work will interest historians and sociologists, as well as lawyers and legal scholars.

Download or read book The Most Powerful Court in the World written by Stuart Banner and published by Oxford University Press. This book was released on 2025-02-04 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them.

Download or read book Reconstruction a Very Short Introduction written by Allen C. Guelzo and published by Oxford University Press, USA. This book was released on 2020-01-14 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: The era known as Reconstruction is one of the unhappiest times in American history. It succeeded in reuniting the nation politically after the Civil War but in little else. Among its chief failures was the inability to chart a progressive course for race relations after the abolition of slavery and rise of Jim Crow. Reconstruction also struggled to successfully manage the Southern resistance towards a Northern, free-labor pattern. But the failures cannot obscure a number of notable accomplishments, with decisive long-term consequences for American life: the 14th and 15th Amendments to the Constitution, the election of the first African American representatives to the US Congress, and the avoidance of any renewed outbreak of civil war. Reconstruction suffered from poor leadership and uncertainty of direction, but it also laid the groundwork for renewed struggles for racial equality during the Civil Rights Movement. This Very Short Introduction delves into the constitutional, political, and social issues behind Reconstruction to provide a lucid and original account of a historical moment that left an indelible mark on American social fabric. Award-winning historian Allen C. Guelzo depicts Reconstruction as a "bourgeois revolution" -- as the attempted extension of the free-labor ideology embodied by Lincoln and the Republican Party to what was perceived as a Southern region gone astray from the Founders' intention in the pursuit of Romantic aristocracy. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Download or read book Advice and Dissent written by Sarah A. Binder and published by Rowman & Littlefield. This book was released on 2009-12-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system—a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek

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 Enhancing Government written by Erwin Chemerinsky and published by Stanford University Press. This book was released on 2008-05-22 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.

Download or read book To Enlarge the Machinery of Government written by Williamjames Hull Hoffer and published by JHU Press. This book was released on 2007-09-17 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the federal government change from the weak apparatus of the antebellum period to the large, administrative state of the Progressive Era? To Enlarge the Machinery of Government explores the daily proceedings of the U.S. House and Senate from 1858 to 1891 to find answers to this question. Through close readings of debates centered around sponsorship, supervision, and standardization recorded in the Congressional Globe and Congressional Record during this period, Williamjames Hull Hoffer traces a critical shift in ideas that ultimately ushered in Progressive legislation: the willingness of American citizens to allow, and in fact ask for, federal intervention in their daily lives. He describes this era of congressional thought as a "second state," distinct from both the minimalist approaches that came before and the Progressive state building that developed later. The "second state" era, Hoffer contends, offers valuable insight into how conceptions of American uniqueness contributed to the shape of the federal government.

Download or read book A Companion to the Reconstruction Presidents 1865 1881 written by Edward O. Frantz and published by John Wiley & Sons. This book was released on 2014-03-24 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to Reconstruction Presidents presents a series of original essays that explore a variety of important issues, themes, and debates associated with the presidencies of Andrew Johnson, Ulysses S. Grant, and Rutherford B. Hayes. Represents the first comprehensive look at the presidencies of Johnson, Grant, and Hayes in one volume Features contributions from top historians and presidential scholars Approaches the study of these presidents from a historiographical perspective Key topics include each president’s political career; foreign policy; domestic policy; military history; and social context of their terms in office