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 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 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 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 192 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 Gibbons v Ogden Law and Society in the Early Republic written by Thomas H. Cox and published by Ohio University Press. This book was released on 2009-08-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
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 Legal Science in the Early Republic written by Steven J. Macias and published by Lexington Books. This book was released on 2016-05-31 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the intellectual motivations behind the concept of “legal science”—the first coherent American jurisprudential movement after Independence. Drawing mainly upon public, but also private, sources, this book considers the goals of the bar’s professional leaders who were most adamant and deliberate in setting out their visions of legal science. It argues that these legal scientists viewed the realm of law as the means through which they could express their hopes and fears associated with the social and cultural promises and perils of the early republic. Law, perhaps more so than literature or even the natural sciences, provided the surest path to both national stability and international acclaim. While legal science yielded the methodological tools needed to achieve these lofty goals, its naturalistic foundations, more importantly, were at least partly responsible for the grand impulses in the first place. This book first considers the content of legal science and then explores its application by several of the most articulate legal scientists working and writing in the early republic.
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 Empire of Liberty written by Gordon S. Wood and published by Oxford University Press. This book was released on 2009-10-28 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford History of the United States is by far the most respected multi-volume history of our nation. The series includes three Pulitzer Prize winners, two New York Times bestsellers, and winners of the Bancroft and Parkman Prizes. Now, in the newest volume in the series, one of America's most esteemed historians, Gordon S. Wood, offers a brilliant account of the early American Republic, ranging from 1789 and the beginning of the national government to the end of the War of 1812. As Wood reveals, the period was marked by tumultuous change in all aspects of American life--in politics, society, economy, and culture. The men who founded the new government had high hopes for the future, but few of their hopes and dreams worked out quite as they expected. They hated political parties but parties nonetheless emerged. Some wanted the United States to become a great fiscal-military state like those of Britain and France; others wanted the country to remain a rural agricultural state very different from the European states. Instead, by 1815 the United States became something neither group anticipated. Many leaders expected American culture to flourish and surpass that of Europe; instead it became popularized and vulgarized. The leaders also hope to see the end of slavery; instead, despite the release of many slaves and the end of slavery in the North, slavery was stronger in 1815 than it had been in 1789. Many wanted to avoid entanglements with Europe, but instead the country became involved in Europe's wars and ended up waging another war with the former mother country. Still, with a new generation emerging by 1815, most Americans were confident and optimistic about the future of their country. Named a New York Times Notable Book, Empire of Liberty offers a marvelous account of this pivotal era when America took its first unsteady steps as a new and rapidly expanding nation.
Download or read book The Colonies and Early Republic written by Eric H. Monkkonen and published by . This book was released on 1991 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Early Republic and Antebellum America written by Christopher G. Bates and published by Routledge. This book was released on 2015-04-08 with total page 1453 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2015. Routledge is an imprint of Taylor & Francis, an Informa company.
Download or read book The Oxford Handbook of American Political History written by Paula Baker and published by Oxford University Press. This book was released on 2020-03-06 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: American political and policy history has revived since the turn of the twenty-first century. After social and cultural history emerged as dominant forces to reveal the importance of class, race, and gender within the United States, the application of this line of work to American politics and policy followed. In addition, social movements, particularly the civil rights and feminism, helped rekindle political and policy history. As a result, a new generation of historians turned their attention to American politics. Their new approach still covers traditional subjects, but more often it combines an interest in the state, politics, and policy with other specialties (urban, labor, social, and race, among others) within the history and social science disciplines. The Oxford Handbook of American Political History incorporates and reflects this renaissance of American political history. It not only provides a chronological framework but also illustrates fundamental political themes and debates about public policy, including party systems, women in politics, political advertising, religion, and more. Chapters on economy, defense, agriculture, immigration, transportation, communication, environment, social welfare, health care, drugs and alcohol, education, and civil rights trace the development and shifts in American policy history. This collection of essays by 29 distinguished scholars offers a comprehensive overview of American politics and policy.
Download or read book The Failure of the Founding Fathers written by Bruce Ackerman and published by Harvard University Press. This book was released on 2005-10-28 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.
Download or read book Law and Experience in the Early Republic written by Bruce Arthur Campbell and published by . This book was released on 1973 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Seriatim written by Scott Douglas Gerber and published by NYU Press. This book was released on 1998-07-01 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all." Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.
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 The Political Theory of the American Founding written by Thomas G. West and published by Cambridge University Press. This book was released on 2017-04-03 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a complete overview of the Founders' natural rights theory and its policy implications.
