Federal Courts In The Early Republic

Author : Mary K. Bonsteel Tachau
Publisher : Princeton University Press
ISBN 13 : 1400871328
Total Pages : 246 pages
Book Rating : 4.22/5 ( download)

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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.

Author : Mary K. Tachau
Publisher :
ISBN 13 : 9780835738453
Total Pages : 245 pages
Book Rating : 4.50/5 ( download)

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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:

Author : William R. Casto
Publisher : Univ of South Carolina Press
ISBN 13 : 1611171695
Total Pages : 417 pages
Book Rating : 4.93/5 ( download)

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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.

Author : David Lynch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910875
Total Pages : 192 pages
Book Rating : 4.78/5 ( download)

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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.

Author : David Lynch (Judge)
Publisher :
ISBN 13 : 9781509910885
Total Pages : pages
Book Rating : 4.83/5 ( download)

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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.--

Author : Phillip I. Blumberg
Publisher : Cambridge University Press
ISBN 13 : 1139490028
Total Pages : pages
Book Rating : 4.23/5 ( download)

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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.

Author : Peter Charles Hoffer
Publisher : Oxford University Press
ISBN 13 : 0199387907
Total Pages : 561 pages
Book Rating : 4.08/5 ( download)

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Download or read book The Federal Courts written by Peter Charles Hoffer and published by Oxford University Press. This book was released on 2016 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

Author : I. Scott Messinger
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.39/5 ( download)

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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:

Author : Richard E. Ellis
Publisher : Oxford University Press
ISBN 13 : 9780198043508
Total Pages : 280 pages
Book Rating : 4.03/5 ( download)

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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 280 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.

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.77/5 ( download)

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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 455 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.