The Documentary History of the Supreme Court of the United States, 1789-1800: Cases, 1798-1800

Author: Maeva Marcus,James R. Perry

Publisher: Columbia University Press

ISBN: 9780231139762

Category: History

Page: 648

View: 6760

The eight volumes of The Documentary History of the Supreme Court of the United States, 1789 1800 gather together documents from the National Archives and dozens of additional repositories, resulting in a rich portrait of the first decade of the Court. It is an invaluable series for any scholar interested in the development of the Supreme Court as an institution and in the cases that came before the Court during its infancy. The final volume of The Documentary History concerns cases heard between 1798 and 1800. In these years, the United States was virtually at war with France, and issues arising from that conflict came before the Court. For example, in Baas v. Tingey, the Court ruled that although Congress had not declared war, France should still be considered an "enemy." But the Court's docket also featured cases that arose naturally in the burgeoning nation. Several involved disputes over land-most notably a controversy centering on a substantial strip of territory running along the southern border of New York. The Court heard cases concerning bills of exchange, bankruptcy, and violations of trade laws and resolved a number of procedural issues. In Bingham v. Cabot II, the justices ruled that the citizenship of the parties had to be explicitly stated in the pleadings for the federal courts to assume jurisdiction on the basis of diversity. During this period, The Supreme Court continued to exercise the authority of judicial review, though it did not strike down a statute. In both Calder v. Bull and Cooper v. Telfair, however, it did examine the constitutionality of state laws. Documents of particular interest in this volume are the notes of Justice William Paterson and William Tilghman, a member of the Supreme Court bar, but all of the cases are accompanied by engaging narratives that guide the reader through the facts and the intricacies of the judicial process.

The Documentary History of the Supreme Court of the United States, 1789-1800

Author: Maeva Marcus,James R. Perry

Publisher: Columbia University Press

ISBN: 9780231088732

Category: History

Page: 808

View: 903

Volume 6 covers the beginnings of federal admiralty and equity jurisprudence, habeas corpus, judicial review, forreign affairs, and the relationship between the national judiciary and state courts. Also included is an appendix of documents pertaining to the question of whether the Supreme Court could issue advisory opinions at the request of the executive branch. A narrative history introduces each case, and the documents are arranged chronologically thereafter. The texts of many of them had to be reconstructed from originals that were severely damaged or written in shorthand. Taken from official court records, as well as related correspondence, lawyers' notes, justices' notes and opinions, newspaper commentary, and pamphlets, these documents provide critical material with which to assess the initial development of federal court practice and procedure.

The Documentary History of the Supreme Court of the United States, 1789-1800: Suits against states

Author: Maeva Marcus,James R. Perry

Publisher: Columbia University Press

ISBN: 9780231088725

Category: History

Page: 728

View: 1138

Divided into two volumes, The Teachings of Modern Christianity on Law, Politics, and Human Nature offers a landmark collection of writings from twenty Christian thinkers of the nineteenth and twentieth centuries and analyses of their work by leading contemporary religious scholars.With selections from the works of Jacques Maritain, Gustavo Gutiérrez, Dorothy Day, Pope John Paul II, Susan B. Anthony, Karl Barth, Dietrich Bonhoeffer, Reinhold Niebuhr, Martin Luther King Jr., Nikolai Berdyaev, Vladimir Lossky, and others, Volume 2 illustrates the different venues, vectors, and sometimes-conflicting visions of what a Christian understanding of law, politics, and society entails. The collection includes works by popes, pastors, nuns, activists, and theologians writing from within the Catholic, Protestant, and Orthodox Christian traditions. Addressing racism, totalitarianism, sexism, and other issues, many of the figures in this volume were the victims of church censure, exile, imprisonment, assassination, and death in Nazi concentration camps. These writings amplify the long and diverse tradition of modern Christian social thought and its continuing relevance to contemporary pluralistic societies. The volume speaks to questions regarding the nature and purpose of law and authority, the limits of rule and obedience, the care and nurture of the needy and innocent, the rights and wrongs of war and violence, and the separation of church and state. The historical focus and ecumenical breadth of this collection fills an important scholarly gap and revives the role of Christian social thought in legal and political theory.The first volume of The Teachings of Modern Christianity on Law Politics, and Human Nature includes essays by leading contemporary religious scholars, exploring the ideas, influences, and intellectual and cultural contexts of the figures from this volume.

Pathways to the US Supreme Court

From the Arena to the Monastery

Author: G. Nelson

Publisher: Springer

ISBN: 1137351721

Category: Political Science

Page: 340

View: 2465

Pathways to the U.S. Supreme Court is a quantitative-historical recapitulation of the routes taken to the US Supreme Court by the 112 Justices who were confirmed by the Senate and served, and the 28 others whose candidacies for confirmation were defeated, withdrawn, or declined.

Patriotism and Piety

Federalist Politics and Religious Struggle in the New American Nation

Author: Jonathan J. Den Hartog

Publisher: University of Virginia Press

ISBN: 081393642X

Category: History

Page: 278

View: 8920

In Patriotism and Piety, Jonathan Den Hartog argues that the question of how religion would function in American society was decided in the decades after the Constitution and First Amendment established a legal framework. Den Hartog shows that among the wide array of politicians and public figures struggling to define religion’s place in the new nation, Federalists stood out—evolving religious attitudes were central to Federalism, and the encounter with Federalism strongly shaped American Christianity. Den Hartog describes the Federalist appropriations of religion as passing through three stages: a "republican" phase of easy cooperation inherited from the experience of the American Revolution; a "combative" phase, forged during the political battles of the 1790s–1800s, when the destiny of the republic was hotly contested; and a "voluntarist" phase that grew in importance after 1800. Faith became more individualistic and issue-oriented as a result of the actions of religious Federalists. Religious impulses fueled party activism and informed governance, but the redirection of religious energies into voluntary societies sapped party momentum, and religious differences led to intraparty splits. These developments altered not only the Federalist Party but also the practice and perception of religion in America, as Federalist insights helped to create voluntary, national organizations in which Americans could practice their faith in interdenominational settings. Patriotism and Pietyfocuses on the experiences and challenges confronted by a number of Federalists, from well-known leaders such as John Adams, John Jay, Charles Cotesworth Pinckney, and Timothy Dwight to lesser-known but still important figures such as Caleb Strong, Elias Boudinot, and William Jay.

Constitutional Justice Under Old Constitutions

Author: Elvind Smith

Publisher: Kluwer Law International B.V.

ISBN: 9041100423

Category: Law

Page: 402

View: 4865

Constitutional Justice under Old Constitutions confronts different national experiences within the framework of a common subject matter, viz., questions arising from the application of old constitutional texts within one system or another of judicial review. Every chapter presents valuable materials and reflections for further exploration on a comparative as well as a national basis. The countries covered are the United States, Norway, Belgium and France; all countries having an old constitution. The following questions are dealt with: the emergence of judicial review of national legislation the interpretation of old constitutional texts complementary sources to old constitutional texts the application of old constitutions in modern societies the legitimacy of judicial review of legislation

Judges and Legislators

Toward Institutional Comity

Author: Robert A. Katzmann

Publisher: Brookings Institution Press

ISBN: 9780815716297

Category: Political Science

Page: 212

View: 9893

"The Judiciary and Congress not only do not communicate on their most basic concerns; they do not know how they may properly do so," writes Frank M. Coffin, a federal appeals court judge and former representative, in Judges and Legislators. "The condition is that of a chronic, debilitating fever." Though the Senate lavishes it's attention from time to time on particular judicial nominees, Congress remains largely oblivious of the wellbeing of the federal judiciary as an institution. And the judiciary seems often unaware of the critical nuances of the legislative process. This state of affairs has had an adverse effect not only on relations between the two branches, but also on public policy more generally. Some forty-five people—including a Supreme Court justice, federal and state court judges, legislators and legislative staffers, scholars, and members of the private bar—gathered for a series of discussion to identify fundamental issues affecting judicial-congressional relations. The articles published in this volume are an outgrowth of those discussions.

Thomas Jefferson and the Wall of Separation Between Church and State

Author: Daniel Dreisbach

Publisher: NYU Press

ISBN: 0814720846

Category: Law

Page: 283

View: 6330

No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson’s “wall of separation between church and state,” and few metaphors have provoked more passionate debate. Introduced in an 1802 letter to the Danbury, Connecticut Baptist Association, Jefferson’s “wall” is accepted by many Americans as a concise description of the U.S. Constitution’s church-state arrangement and conceived as a virtual rule of constitutional law. Despite the enormous influence of the “wall” metaphor, almost no scholarship has investigated the text of the Danbury letter, the context in which it was written, or Jefferson’s understanding of his famous phrase. Thomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.

The Papers of Thomas Jefferson

1 July to 12 November 1802

Author: Thomas Jefferson,Barbara Oberg

Publisher: Princeton University Press

ISBN: 069115323X

Category: History

Page: 755

View: 7696

This volume opens on 1 July 1802, when Jefferson is in Washington, and closes on 12 November. It features correspondence on the declaration of war by the sultan of Morocco and on the accusations making public his relationship with Sally Hemings.

The First American Republic 1774-1789

The First Fourteen American Presidents Before Washington

Author: Thomas Patrick Chorlton

Publisher: AuthorHouse

ISBN: 1456753878

Category: Biography & Autobiography

Page: 708

View: 4228

George Washington’s Inauguration in April 1789 marked the beginning of government under the new United States Constitution. What few Americans realize is that there had been a fully functioning national government prior to 1789. It was called the Continental Congress and it was, in every respect, the First American Republic (1774-1789). It began on September 5, 1774, when elected delegates from eleven of the American colonies first assembled in Philadelphia. Surprisingly, that First American Republic is most often dismissed in textbooks and popular history as a failed attempt at self-government. And yet, it was during that fifteen year period that the United States won the war against the strongest empire on Earth, established organized government as far west as the Mississippi River, built alliances with some of the great powers of Europe and transformed thirteen separate entities into a national confederation. When the Continental Congress initially met in 1774, its very first order of business was to elect one of its own members to serve as President. He functioned as Head of State, much as the Presidents of Germany and Italy do today. He signed all official documents, received all foreign visitors and represented the emerging nation at official events and through extensive correspondence. While Congress retained all other executive, legislative and judicial functions, the President even presided over its deliberations. Eventually, a house, carriage and servants were provided for the President as a sign of national pride and respect. In all, fourteen distinguished individuals were chosen by their peers for this unique and awesome responsibility. They were the giants of their age, men of power, wealth and experience who often led their new nation through extremely difficult days largely on the strength of their character. For far too long they have been lost to history. This is their story.

General Benjamin Smith

A Biography of the North Carolina Governor

Author: Alan D. Watson

Publisher: McFarland

ISBN: 0786485280

Category: History

Page: 255

View: 3973

This biography is about one of North Carolina’s early governors, an advocate for public education in the post–Colonial period. Benjamin Smith (1757–1826) came from a distinguished South Carolina family and acquired enormous wealth in the Cape Fear region as a member of the planter class. Like his elite white peers, Smith was active in public life, in county government and as a legislator in state politics. He promoted public schools, the University of North Carolina, domestic manufacturing, banking, penal reform, and internal improvements. Earning the nickname “General” because of his militia activities, he rose to governorship but ended up dying in poverty.

Order in the courts

a history of the federal court clerk's office

Author: I. Scott Messinger,Federal Judicial Center

Publisher: N.A


Category: Law

Page: 79

View: 2380

The Bill of Rights and the States

The Colonial and Revolutionary Origins of American Liberties

Author: Patrick T. Conley,U.S. Constitution Council of the Thirteen Original States

Publisher: Rowman & Littlefield

ISBN: 9780945612292

Category: History

Page: 542

View: 3251

Fourteen individual state essays elucidate the complexitites of local and regional interests that shaped the debate over individual rights and the eventual adoption of the Bill of Rights.

The Columbia Documentary History of Race and Ethnicity in America

Author: Ronald H. Bayor

Publisher: Columbia University Press

ISBN: 0231508409

Category: History

Page: 1104

View: 2805

All historians would agree that America is a nation of nations. But what does that mean in terms of the issues that have moved and shaped us as a people? Contemporary concerns such as bilingualism, incorporation/assimilation, dual identity, ethnic politics, quotas and affirmative action, residential segregation, and the volume of immigration resonate with a past that has confronted variations of these modern issues. The Columbia Documentary History of Race and Ethnicity in America, written and compiled by a highly respected team of American historians under the editorship of Ronald Bayor, illuminates the myriad ways in which immigration, racial, and ethnic histories have shaped the contours of contemporary American society. This invaluable resource documents all eras of the American past, including black–white interactions and the broad spectrum of American attitudes and reactions concerning Native Americans, Irish Catholics, Mexican Americans, Jewish Americans, and other groups. Each of the eight chronological chapters contains a survey essay, an annotated bibliography, and 20 to 30 related public and private primary source documents, including manifestos, speeches, court cases, letters, memoirs, and much more. From the 1655 petition of Jewish merchants regarding the admission of Jews to the New Netherlands colony to an interview with a Chinese American worker regarding a 1938 strike in San Francisco, documents are drawn from a variety of sources and allow students and others direct access to our past. Selections include Powhatan to John Smith, 1609 Thomas Jefferson—"Notes on the State of Virginia" Petition of the Trustees of Congregation Shearith Israel, 1811 Bessie Conway or, The Irish Girl in America German Society in Chicago, Annual Report, 1857–1858. "Mark Twain's Salutation to the Century" W. E. B. DuBois, "Of Our Spiritual Strivings" NAACP on Black Schoolteachers'Fight for Equal Pay Malcom X speech, 1964 Hewy Newton interview and Black Panther Party platform Preamble—La Raza Unida Party Lee lacocca speech to Ethnic Heritage Council of the Pacific Northwest, 1984 Native American Graves and Repatriation Act, 1990 L.A. riot—from the Los Angeles Times, May 3, 15, 1992; Nov. 16, 19, 1992 Asian American Political Alliance President Clinton's Commission on Race, Town Meeting, 1997 Louis Farrakhan—"The Vision for the Million Man March"

Keeping the Faith

A Cultural History of the U.S. Supreme Court

Author: John E. Semonche

Publisher: Rowman & Littlefield Pub Incorporated

ISBN: 9780847689859

Category: Law

Page: 499

View: 1343

Looks at the influence of Supreme Court justices, cases, and decisions on American society