History of the Supreme Court of the United States

ISBN-13: 9780521766630 / Angielski / Twarda / 2009 / 1036 str.

G. Edward White

Opis

The Marshall Court and Cultural Change, 1815-1835 comprises the third and fourth volumes of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. G. Edward White completes the series' coverage of the Marshall Court, tracing the last two decades of John Marshall's term as Chief Justice. White describes the intellectual climate of the Marshall Court's work and analyzes the Court's decisions. Throughout, White stresses that the Marshall Court, despite its much-celebrated influence, must be seen as part of a unique cultural period when the heritage of the Revolution confronted the radical political, demographic, and intellectual changes of the nineteenth century. The Marshall Court itself was also unique and unlike the modern Court in that it used an informal set of deliberative procedures that gave the justices' personal predilections more influence in the court's rulings than at any other time in Supreme Court history.

Spis treści

Introduction; 1. The origins of Marshall court jurisprudence I: cultural change and republicanism; 2. The origins of Marshall court jurisprudence II: the nature and sources of law; 3. The working life of the court; 4. Prominent lawyers before the Marshall court; 5. The justices of the Marshall court; 6. The reporters: Henry Wheaton, Richard Peters, and Wheaton v. Peters; 7. Admiralty jurisdiction; 8. Sovereignty and union: federal jurisdiction and federal limitations on state power; 9. Property, vested rights, and legislative regulation: the contract clause cases; 10. Natural law and racial minorities: the court's response to slaves and Indians; 11. Nonconstitutional cases I: real property, contracts and negotiable instruments, corporations; 12. Nonconstitutional cases II: federal court jurisdiction and procedure, conflicts, criminal law; 13. Nonconstitutional cases III: international law, prize, marine insurance; 14. Of the court, time, and change.