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The Supreme Court in the Early Republic

2012-11-01 Law
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Release : 2012-11-01
Genre : Law
Kind : eBook
Book Rating : 695/5 ( reviews)

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Book Synopsis The Supreme Court in the Early Republic by : William R. Casto

Download or read book The Supreme Court in the Early Republic written by William R. Casto. This book was released on 2012-11-01. Available in PDF, EPUB and Kindle. Book excerpt: William R. Casto sheds a new light on America's federal judiciary and the changing legal landscape with his detailed examination of the Supreme Court's formative years. In a study that spans the period from the Court's tentative beginnings through the appointment of its third chief justice, Casto reveals a judicial body quite different in orientation and philosophy from the current Supreme Court and one with a legacy of enduring significance for the U.S. legal system. Casto portrays the founding of the Supreme Court as a conscious effort to help the newly established government deal more effectively with national security and foreign policy concerns, and he credits the Court with assisting the Washington and Adams administrations establish stable relationships with Great Britain and France. The initial debate over the Supreme Court's jurisdiction as well as over the method of selecting its justices is recalled here. Casto also reveals the philosophical mindset of the first Supreme Court, contrasting the eighteenth-century concept of natural law with the legal positivism on which the Supreme Court now relies. Using this historical context, he addresses the political controversy over federal common-law crimes, the drafting of the Judiciary Act of 1789, and the adoption of judicial review.

Federal Courts in the Early Republic

2015-03-08 Law
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Release : 2015-03-08
Genre : Law
Kind : eBook
Book Rating : 328/5 ( reviews)

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Book Synopsis Federal Courts in the Early Republic by : Mary K. Bonsteel Tachau

Download or read book Federal Courts in the Early Republic written by Mary K. Bonsteel Tachau. This book was released on 2015-03-08. Available in PDF, EPUB and Kindle. Book excerpt: On the basis of both civil and criminal suits, some private and some brought by the government, Professor Tachau demonstrates that the federal courts in Kentucky were immediately accessible, visible, and deeply involved in the lives of the people. The actual legal practice revealed in the records thus contradicts much of the conventional wisdom and traditional assumptions about the "inferiority" of the lower federal judiciary and suggests that a major revision of American legal and constitutional history may be in order. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Role of Circuit Courts in the Formation of United States Law in the Early Republic

2018 LAW
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Release : 2018
Genre : LAW
Kind : eBook
Book Rating : 885/5 ( reviews)

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Book Synopsis The Role of Circuit Courts in the Formation of United States Law in the Early Republic by : David Lynch (Judge)

Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch (Judge). This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the ‘inferior courts’ upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.--

The Role of Circuit Courts in the Formation of United States Law in the Early Republic

2018-02-08 Law
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Release : 2018-02-08
Genre : Law
Kind : eBook
Book Rating : 875/5 ( reviews)

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Book Synopsis The Role of Circuit Courts in the Formation of United States Law in the Early Republic by : David Lynch

Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch. This book was released on 2018-02-08. Available in PDF, EPUB and Kindle. Book excerpt: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

Gibbons v. Ogden, Law, and Society in the Early Republic

2009-08-25 History
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Release : 2009-08-25
Genre : History
Kind : eBook
Book Rating : 33X/5 ( reviews)

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Book Synopsis Gibbons v. Ogden, Law, and Society in the Early Republic by : Thomas H. Cox

Download or read book Gibbons v. Ogden, Law, and Society in the Early Republic written by Thomas H. Cox. This book was released on 2009-08-25. Available in PDF, EPUB and Kindle. Book excerpt: Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.

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