History of the Supreme Court of the United States

ISBN-13: 9780521769303 / Angielski / Twarda / 2009 / 702 str.

Charles Fairman

Opis

Reconstruction and Reunion, 1864-1888, Part 1A is the first part of the sixth volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. In these volumes, Charles Fairman examines the activity of the Supreme Court during the tenure of Chief Justice Salmon P. Chase, considering issues of procedure, doctrine, technicalities of pleading, and the precedents and consequences of the Court's work. The first of the two volumes is devoted to judicial politics and the internal history of the Court during the politically and constitutionally turbulent Reconstruction period. Discussions of specific cases as they relate to the constitutional issues that stemmed from the war's conduct contribute to an overall picture of the Supreme Court's role in Reconstruction and its relationship to presidential and congressional Reconstruction policies.

Recenzje

'In this massive text (with a table of cases containing about 1,250 entries), Fairman has considered in great depth a far larger portion of the Court's decisions than has any previous scholar … [A]s an authoritative reference work which provides an elaborate and comprehensive tracing of doctrinal lines from one case to another – lines drawn expertly across formal topical boundaries – Reconstruction and Reunion will long stand as an indispensable tool for new scholarship.' American Journal of Legal History

Spis treści

1. Chief Justice Chase; 2. The work of the Supreme Court; 3. Reconstruction – by Lincoln and by Johnson; 4. December term 1865: the current quickens; 5. The Milligan and Test Oath cases; 6. Congressional reconstruction: legislation – the Act of March 2, 1867; 7. Supplementary legislation; reflections; 8. The Court and congressional reconstruction: March to May 1867; 9. The background of further litigation; 10. Ex parte McCardle and Georgia v. Grant, Meade et al.; 11. Chief Justice Chase and the presidency, 1868; 12. Ex parte Yerger, and the close of congressional reconstruction; 13. A union of 'indestructible states': Virginia v. West Virginia and Texas v. White.