Author: Charles F. Hobson
Release Date: 1996
Genre: Biography & Autobiography
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.
Author: Richard S. Conley
Publisher: Rowman & Littlefield
Release Date: 2016-08-16
Genre: Political Science
The Historical Dictionary of the U.S. Constitution covers the Founding of the American Republic and the Framers, the drafting of the Constitution, constitutional debates over ratification, and traces key events, Supreme Court chief justices, amendments, and Supreme Court cases regarding the interpretation of the Constitution from 1789-2016. The Historical Dictionary of the U.S. Constitution contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on key figures in the Founding, Supreme Court chief justices, explanations of the Articles and Amendments to the Constitution, and key Supreme Court cases. This book is an excellent access point for students, researchers, and anyone wanting to know more about the U.S. Constitution.
Author: Robert A. Nowlan
Release Date: 2012-06-22
Genre: Biography & Autobiography
As of 2012, only 43 men have held the office of the President of the United States. Some have been sanctified and some reviled. This historical work addresses the careers of the first ten presidents, men who made vital contributions not only to the office of the presidency, but to the course of the fledgling nation. From Washington through Tyler, every term is recounted in detail and each presidential profile provides as many as a hundred quotations (with full source notes) by the president, his friends, family, historians, and others. Each profile ends with an extensive bibliography of books
Author: John Powell
Publisher: Greenwood Publishing Group
Release Date: 2001
Over the past two decades, the process of cultural development and, in particular, the role of reading has been of growing interest, but recent research has been episodic and idiosyncratic. In this biographical dictionary, research devoted specifically to the reading habits of 19th century individuals who shaped Western culture is brought together for the first time. While giving prominent coverage to literary and political figures, the volume's 270 entries also include musicians, painters, educators, and explorers. Each entry includes brief biographical information, a concise summary of literary influences on the subject, and clear direction for further research. The book provides a practical tool for scholars wishing to trace the reading experience of important Western cultural figures. Subjects were selected from the people most responsible for the cultural development of Europe, Britain and the British Empire, and the Americas between 1800 and 1914. Although selective, the sample of 270 figures is substantial enough to suggest broad, cross-cultural habits and effects, enabling scholars to better understand the relationship between reading and culture. In an introductory essay, Powell explores the patterns and relationships that can be discerned from the entries. The first of three anticipated volumes, the book is an important step forward in researching the role of reading in cultural development.
Author: Edward S. Corwin
Release Date: 2017-07-05
This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth?the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.
Author: Austin Allen
Publisher: University of Georgia Press
Release Date: 2010-01-25
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue—slavery—but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the Court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the Court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order—all at the same time. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.
Author: John W. Johnson
Publisher: Taylor & Francis
Release Date: 2001-01-01
This collection of essays looks at over 200 major court cases, at both state and federal levels, from the colonial period to the present. Organized thematically, the articles range from 1,000 to 5,000 words and include recent topics such as the Microsoft antitrust case, the O.J. Simpson trials, and the Clinton impeachment. This new edition includes 43 new essays as well as updates throughout, with end-of-essay bibliographies and indexes by case and subject/name.
Author: H. Lee Cheek
Publisher: University of Missouri Press
Release Date: 2004-07-01
Although John C. Calhoun (1782–1850) remains one of the major figures in American political thought, many of his critics have tried to discredit him as merely a Southern partisan whose ideas were obsolete even during his lifetime. In Calhoun and Popular Rule, H. Lee Cheek, Jr., attempts to correct such misconceptions by presenting Calhoun as an original political thinker who devoted his life to the recovery of a “proper mode of popular rule.” As the first combined evaluation of Calhoun's most important treatises, The Disquisition and The Discourse, this work merges Calhoun's theoretical position with his endeavors to restore the need for popular rule. It also compares Calhoun's ideas with those of other great political thinkers such as Thomas Jefferson and James Madison—while explaining what is truly unique about Calhoun's political thought.
Author: Richard Buel Jr.
Publisher: Scarecrow Press
Release Date: 2009-07-27
The formative period of the United States, running roughly from 1789 to 1829, has become remote and perhaps overly idealized. While the administrations of George Washington, John Adams, James Madison, James Monroe and John Quincy Adams set the country on the path to modernity by resolving some nagging problems left over from the Revolution, they failed to resolve many crucial issues, such as slavery, the treatment of Native Americans, and the consequences of industrial development. Despite many common goals, the gentry's leadership was riven by sectional friction, personal competition, and partisan bickering that almost tore the nation apart during the War of 1812. The A to Z of the Early American Republic recounts the achievements and the failures, the progress and the backsliding, and the high and low points of our forefathers. First traced in the chronology and then explained in the introduction, the history of our nation's formative years is laid out in great detail. The several hundred dictionary entries describe the more eminent persons, the evolving institutions, and the crucial events that our young country faced. An extensive bibliography is included to provide easy access for further studies.
Author: Rogan Kersh
Publisher: Cornell University Press
Release Date: 2004-12-01
"Why and how did Americans perceive themselves as one people from the early history of the republic? How did African Americans and others at the margins of U.S. civic culture apply this concept of union? Why did the term disappear from use after the 1880s? In his search for answers, Kersh employs a wide range of methods, including political-theory analysis of writings by James Madison, Frederick Douglass, and Abraham Lincoln and empirical analysis drawing on his own extensive database of American newspapers. The author's findings are persuasive - and often surprising. One intriguing development, for instance, was a strong resurgence of union feelings among Southerners - including prominent former secessionists - after the Civil War.".
Author: Kevin Butterfield
Publisher: University of Chicago Press
Release Date: 2015-11-19
Alexis de Tocqueville famously said that Americans were "forever forming associations" and saw in this evidence of a new democratic sociability--though that seemed to be at odds with the distinctively American drive for individuality. Yet Kevin Butterfield sees these phenomena as tightly related: in joining groups, early Americans recognized not only the rights and responsibilities of citizenship but the efficacy of the law. A group, Butterfield says, isn't merely the people who join it; it's the mechanisms and conventions that allow it to function and, where necessary, to regulate itself and its members. Tocqueville, then, was wrong to see associations as the training grounds of democracy, where people learned to honor one another's voices and perspectives--rather, they were the training grounds for increasingly formal and legalistic relations among people. They were where Americans learned to treat one another impersonally.
Author: Guy Padula
Publisher: Lexington Books
Release Date: 2002-05-01
Popular Sovereignty or Natural Law? At a time of constitutional crisis in the American body politic, Guy Padula's timely and stimulating new work explores whether the answers to today's heated political debate can be found by scrutinizing the past. In Madison v. Marshall Padula turns the spotlight on the interpretive intent of America's Founding Fathers to discover if the consent of the people or the rule of justice triumphs. Comparing the constitutional theories of the Founding generation's two preeminent constitutional authorities, Padula shatters the Originalist myth that Madison and Marshall shared a compatible constitutional jurisprudence. He concludes that the meaning of the Constitution has been contested from the outset. This is essential reading for legal scholars, political scientists and historians seeking to learn more about the fundamental nature of U.S. law and how it should be interpreted.
Author: Kevin R. C. Gutzman
Publisher: Lexington Books
Release Date: 2007
Virginia's American Revolution focuses on the remaking of colonial Virginia into a republican society. It considers this topic with a focus on particular episodes, such as the Richmond Ratification Convention of 1788 and the adoption of the Virginia Resolutions of 1798, that brought the question 'What does it mean to be republican?' to the fore.