Gibbons v. Ogden

John Marshall, steamboats, and the commerce clause

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Author: Herbert Alan Johnson

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Biography & Autobiography

Page: 198

View: 7438

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

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Author: Thomas H. Cox

Publisher: Ohio University Press

ISBN: N.A

Category: Law

Page: 280

View: 6811

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.

McCulloch v. Maryland

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Author: Mark Robert Killenbeck

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Business & Economics

Page: 227

View: 858

Federalism--including its meanings and limits--remains one of the most contested principles in constitutional law. To fully understand its importance, we must turn to a landmark decision nearly two centuries old. M'Culloch v. Maryland (1819) is widely regarded as the Supreme Court's most important and influential decision--one that essentially defined the nature and scope of federal authority and its relationship to the states. Mark Killenbeck's sharply insightful study helps us understand why. Killenbeck recounts how the cashier of the Baltimore branch of the Second Bank of the United States refused to pay Maryland's tax on the bank and how that act precipitated a showdown in the Supreme Court, which addressed two questions: whether the U.S. Congress had the authority to establish a national bank and whether Maryland's tax on the bank was barred by the Constitution. In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yes to both, authorizing the federal government to exercise powers not expressly articulated in the Constitution--and setting an alarming precedent for states-rights advocates. The issues at the heart of M'Culloch are as important today as they were then: the nature and scope of federal constitutional authority, the division of authority between federal and state governments, and the role of the Supreme Court in interpreting and applying the Constitution. Situating the case within the protracted debate about the bank and about federal-state relations, the Panic of 1819, the fate of the Second Bank following the Court's momentous decision, and the ever-expanding and increasingly contentious debate over slavery, Killenbeck's bookprovides a virtual constitutional history of the first fifty years of the nations. As such, it shows that the development of the Constitution as a viable governing document took place over time and that M'Culloch, with its very broad reading of federal power, marked a turning point for the Constitution, the Court, and the nation. As the Court continues to reshape the boundaries of federal power. M'Culloch looms large as a precedent in a debate that has never been fully settled. And as states today grapple with such questions as abortion, gay rights, medical marijuana, or assisted suicide, this book puts that precedent in perspective and offers a firm grasp of its implications for the future.

The 9/11 Terror Cases

Constitutional Challenges in the War Against Al Qaeda

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Author: Allan A. Ryan

Publisher: N.A

ISBN: 9780700621323

Category: History

Page: 256

View: 590

The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and "enemy combatants" at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution's separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.

The Pursuit of Justice

Supreme Court Decisions that Shaped America

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Author: Kermit L. Hall,John J. Patrick

Publisher: Oxford University Press

ISBN: 0195311892

Category: History

Page: 253

View: 5946

Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.

The Passenger Cases and the Commerce Clause

Immigrants, Blacks, and States' Rights in Antebellum America

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Author: Tony Allan Freyer

Publisher: N.A

ISBN: 9780700620081

Category: Law

Page: 204

View: 5086

The tangled history of the 19th century court ruling that defined the powers of the states to control who they could and could not allow to cross their borders and its application to the current immigration debates.

Essential Supreme Court Decisions

Summaries of Leading Cases in U.S. Constitutional Law

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Author: John R. Vile

Publisher: Rowman & Littlefield Publishers

ISBN: 1442203862

Category: Law

Page: 572

View: 1368

First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.

The Great Chief Justice

John Marshall and the Rule of Law

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Author: Charles F. Hobson

Publisher: N.A

ISBN: N.A

Category: Biography & Autobiography

Page: 256

View: 8764

"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

John Marshall and the Heroic Age of the Supreme Court

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Author: R. Kent Newmyer

Publisher: LSU Press

ISBN: 0807132497

Category: Law

Page: 511

View: 8510

John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.

The Bluebook

A Uniform System of Citation

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Author: N.A

Publisher: N.A

ISBN: 9789998255289

Category: Citation of legal authorities

Page: 415

View: 8537

Provides a guide to legal citation information inthe United States. Compiled from the Columbia LawReview, 105th edition, c2005; Harvard Law Review,118th edition, c2005; Univ. of Pennsylvania LawReview, 153rd edition, c2005; and the Yale LawJournal, 114th edition, c2005. New edition offersthe Bluepages for beginning law students.

Cracking the ACT

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Author: Geoff Martz,Kim Magloire,Theodore Silver

Publisher: The Princeton Review

ISBN: 9780375764554

Category: Study Aids

Page: 533

View: 8567

This study guide includes The Princeton Review Assessment, a full-length diagnostic exam that will predict test takers' approximate scores on both the ACT and the SAT. Four full-length simulated ACT tests are included on CD-ROM.

We Dissent

Talking Back to the Rehnquist Court, Eight Cases That Subverted Civil Liberties and Civil Rights

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Author: Michael Avery

Publisher: NYU Press

ISBN: 9780814707371

Category: Law

Page: 245

View: 3574

The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquist’s nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Court’s decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above the people, and as the dissents in this book demonstrate, the Court strayed far from our constitutional ideals when it abandoned its commitment to the protection of the individual rights of Americans. Each chapter focuses on a different case—ranging from torture to search and seizure, and from racial profiling to the freedom of political expression—with contributors summarizing the case and the decision, and then offering their own dissent to the majority opinion. For some cases featured in the book, the Court’s majority decisions were unanimous, so readers can see here for the first time what a dissent might have looked like. In other cases, contributors offer alternative dissents to the minority opinion, thereby widening the scope of opposition to key civil liberties decision made by the Rehnquist Court. Taken together, the dissents in this unique book address the pressing issue of Constitutional protection of individual freedom, and present a vision of constitutional law in the United States that differs considerably from the recent jurisprudence of the United States Supreme Court. Contributors: Michael Avery, Erwin Chemerinsky,Marjorie Cohn, Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan Kiyomi Serrano, and Abbe Smith.

John Marshall

Definer of a Nation

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Author: Jean Edward Smith

Publisher: Henry Holt and Company

ISBN: 1466862319

Category: Biography & Autobiography

Page: 752

View: 9961

A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed."

Aggressive Nationalism

McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

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Author: Richard E. Ellis

Publisher: Oxford University Press

ISBN: 9780198043508

Category: Law

Page: 280

View: 6251

McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by the greatest Chief Justice, in which he declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Although it is now recognized as the foundational statement for a strong and active federal government, the immediate impact of the ruling was short-lived and widely criticized. Placing the decision and the public reaction to it in their proper historical context, Richard E. Ellis finds that Maryland, though unopposed to the Bank, helped to bring the case before the Court and a sympathetic Chief Justice, who worked behind the scenes to save the embattled institution. Almost all treatments of the case consider it solely from Marshall's perspective, yet a careful examination reveals other, even more important issues that the Chief Justice chose to ignore. Ellis demonstrates that the points which mattered most to the States were not treated by the Court's decision: the private, profit-making nature of the Second Bank, its right to establish branches wherever it wanted with immunity from state taxation, and the right of the States to tax the Bank simply for revenue purposes. Addressing these issues would have undercut Marshall's nationalist view of the Constitution, and his unwillingness to adequately deal with them produced immediate, widespread, and varied dissatisfaction among the States. Ellis argues that Marshall's "aggressive nationalism" was ultimately counter-productive: his overreaching led to Jackson's democratic rejection of the decision and failed to reconcile states' rights to the effective operation of the institutions of federal governance. Elegantly written, full of new information, and the first in-depth examination of McCulloch v. Maryland, Aggressive Nationalism offers an incisive, fresh interpretation of this familiar decision central to understanding the shifting politics of the early republic as well as the development of federal-state relations, a source of constant division in American politics, past and present.

Constitutionalism and American culture

writing the new constitutional history

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Author: Sandra F. VanBurkleo,Kermit Hall,Robert J. Kaczorowski

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 439

View: 7577

Taking their cue from the late Paul L. Murphy, one of our nation's leading legal historians, this illustrious group of scholars argues that the field of constitutional history is "too important to be left solely to lawyers and judges." Their "state-of-the-field" volume reclaims constitutional history's rightful place as a vital and necessary part of our intellectual enterprise, in part by pushing the field onto fresh, even controversial, terrain.Much as Murphy has done, these scholars contend that this restoration is much needed and will greatly enrich judicial and public policy, advance a tradition of justice worthy of America's democratic aspirations, give due attention to cultural contexts, and, most importantly, afford Americans a richer understanding of their constitutional heritage.Their essays explore, for example, the ways in which previously excluded groups have come more fully into the Constitution's orbit of freedom, the ongoing importance of institutions and doctrines, and the ways in which theory and informal texts might enrich the field. How, they ask, might scholars take account of the lived experiences of litigants, reformers, and lawyers in the forging of constitutional change?A kind of prospectus for the future of American constitutional history, these essays address fundamental questions about the field and its evolution. More important, they persuasively argue that the best way to reinvigorate the study of constitutionalism is to reconnect it to its social and cultural contexts, to appreciate the continuing necessity of archival research, to recognize and support the value of new approaches and perspectives, and to reaffirm in the end that the best way toexplain the history of rights is to remember the courage of the people who had the vision and conviction to put the judges through their constitutional paces.

The Reign of Law

Marbury V. Madison and the Construction of America

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Author: Paul W. Kahn

Publisher: Yale University Press

ISBN: 9780300083927

Category: Law

Page: 306

View: 6986

This is the first major work to apply to the rule of law the insights of modern cultural theory, ranging from Clifford Geertz to Michel Foucault. Starting from Thomas Paine's observation that "in America, law is king," Paul Kahn asks: What are the elements of our belief in the rule of law? And what are the rhetorical techniques by which the courts maintain this belief? Kahn centers his exploration on the 1803 Supreme Court case of Marbury v. Madison - still the greatest of our constitutional cases. Kahn shows that Marbury is the judicial response to President Thomas Jefferson's belief that his election represented a Second American Revolution. Kahn uses the confrontation between president and Court to analyze the contrasting ways in which the revolutionary and the legal imaginations understand and give shape to political events. This contest continues today in the conflicting demands we make for a politics that preserves the past yet celebrates popular innovation.

The Encyclopedia of the War of 1812

A Political, Social, and Military History

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Author: Spencer Tucker,James R. Arnold,Roberta Wiener,Paul G. Pierpaoli,John C. Fredriksen

Publisher: ABC-CLIO

ISBN: 1851099565

Category: History

Page: 1034

View: 8979

Covers important figures, laws, territories, and battles connected with the War of 1812.

Outline of the Us Legal System

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Author: Bureau of Internationa Us Dept of State

Publisher: Orange Groove Books

ISBN: 9781616100605

Category: Political Science

Page: 228

View: 4551

The Liberty Party, 1840-1848

Antislavery Third-Party Politics in the United States

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Author: Reinhard O. Johnson

Publisher: Louisiana State University Press

ISBN: N.A

Category: History

Page: 500

View: 3382

In early 1840, abolitionists founded the Liberty Party as a political outlet for their antislavery beliefs. A mere eight years later, bolstered by the increasing slavery debate and growing sectional conflict, the party had grown to challenge the two mainstream political factions in many areas. In The Liberty Party, 1840--1848, Reinhard O. Johnson provides the first comprehensive history of this short-lived but important third party, detailing how it helped to bring the antislavery movement to the forefront of American politics and became the central institutional vehicle in the fight against the "peculiar institution." As the major instrument of antislavery sentiment, the Liberty organization was more than a political party and included not only eligible voters but also disfranchised African Americans and women. Most party members held evangelical beliefs, and as Johnson relates, an intense religiosity permeated most of the group's activities. At least eight U.S. senators, eighteen members of the House of Representatives, five state governors, and two justices of the Supreme Court were among the many Liberty Party members with distinguished careers in the public and private sectors. Though most early Liberty supporters came from the Whig Party, an increasing number of former Democrats joined the party as it matured. Johnson discusses the Liberty Party's founding and its national growth through the presidential election of 1844; its struggles to define itself amid serious internal disagreements over philosophy, strategy, and tactics in the ensuing years; and the reasons behind its decline and merger into the Free Soil coalition in 1848. Since most Liberty Party activities occurred at the state level, Johnson treats the history of each state party in considerable detail, demonstrating how the party developed differently state by state and illustrating how these differences blended with the national view of the party. Informative appendices include statewide results for all presidential and gubernatorial elections between 1840 and 1848, the Liberty Party's 1844 platform, and short biographies of every Liberty member mentioned in the main text of the book. Epic in scope and encyclopedic in detail, The Liberty Party, 1840--1848 will serve as an invaluable reference for anyone interested in nineteenth-century American politics.