History of the Supreme Court of the United States

ISBN-13: 9780521519793 / Angielski / Twarda / 2009 / 1066 str.

Carl Brent Swisher

Opis

Antecedents and Beginnings to 1801 is the first of twelve volumes in the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. In this first volume, Julius Goebel Jr. details the creation of a national judiciary in the United States under the Act of 1789 and traces the Supreme Court's development through its first decade of existence. The book is organized into three parts. The first part describes the background of American constitutionalism. Goebel then goes on to depict the Constitutional Convention, the ensuing debate over ratification, and the framing of the Bill of Rights. In the final part of the book, he explains how early legislation affected the judiciary and the initial experience of the circuit courts and of the Supreme Court. These three parts are divided into seventeen chapters, together with a statistical analysis of the business of the Supreme Court from 1789 to 1801 and substantial notes on manuscript sources.

Recenzje

'[Carl B. Swisher's] grasp, judiciousness, and professional integrity are all plainly visible in The Taney Period, and his style is characteristically crisp and clear … [F]or anyone interested in the Court as a functioning institution and in the mixture of personalities constituting its membership, this is at once a book that can be read through with considerable pleasure and a useful reference work to be kept close at hand.' Don E. Fehrenbach, The University of Chicago Law Review

Spis treści

1. The background of the Taney Court; 2. The Taney appointment; 3. Personnel of the Taney Court; 4. The first term and the Bridge Case; 5. The realm of finance; 6. Hard times and contract obligations; 7. The scope of executive power; 8. The impact of foreign affairs; 9. Politics and personnel; 10. The judges and the circuits; 11. The expanding work load; 12. The clerk and the reporter; 13. Federal courts and the common law; 14. Fringes of the codification movement; 15. The control of commerce; 16. The continuing struggle over commerce; 17. The developing pattern of the commerce power; 18. Admiralty and maritime jurisdiction; 19. The rights of corporations; 20. Patent rights and free enterprise; 21. Political questions and judicial power; 22. Sectionalism and slavery; 23. Soil for slavery; 24. The Dred Scott case; 25. Aftermath of the Scott case; 26. The Booth cases and Northern nullification; 27. Fugitives from justice; 28. The widening breach; 29. The court on the eve of the war; 30. Property in land; 31. The wealth of El Dorado; 32. Lincoln's appointments to the court; 33. The war and the federal judges; 34. The blockade and the laws of war; 35. Wartime curtailment of civil rights; 36. Other problems from the war; 37. The end of the Taney regime.