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: 602

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

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Author: Thomas H. Cox

Publisher: Ohio University Press

ISBN: 082144333X

Category: History

Page: 264

View: 7870

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.

M'Culloch V. Maryland

Securing a Nation

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Author: Mark Robert Killenbeck

Publisher: N.A

ISBN: 9780700614721

Category: History

Page: 227

View: 9348

Chronicles one of the first and most famous cases to define the reach and power of the federal government over the states. It addressed two questions: Did Congress have the authority to establish a national bank? And was the Maryland law used to tax that bank interfering with the federal government's constitutional authority? In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yest to both questions."

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: 9380

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.

Five Chiefs

A Supreme Court Memoir

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Author: John Paul Stevens

Publisher: Little, Brown

ISBN: 0316199788

Category: Biography & Autobiography

Page: 304

View: 8543

When he resigned last June, Justice Stevens was the third longest serving Justice in American history (1975-2010)--only Justice William O. Douglas, whom Stevens succeeded, and Stephen Field have served on the Court for a longer time. In Five Chiefs, Justice Stevens captures the inner workings of the Supreme Court via his personal experiences with the five Chief Justices--Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts--that he interacted with. He reminisces of being a law clerk during Vinson's tenure; a practicing lawyer for Warren; a circuit judge and junior justice for Burger; a contemporary colleague of Rehnquist; and a colleague of current Chief Justice John Roberts. Along the way, he will discuss his views of some the most significant cases that have been decided by the Court from Vinson, who became Chief Justice in 1946 when Truman was President, to Roberts, who became Chief Justice in 2005. Packed with interesting anecdotes and stories about the Court, Five Chiefs is an unprecedented and historically significant look at the highest court in the United States.

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: 1955

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."

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: 350

"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: 4185

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.

Essential Supreme Court Decisions

Summaries of Leading Cases in U.S. Constitutional Law

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Author: John R. Vile

Publisher: Rowman & Littlefield

ISBN: 1538111977

Category: Law

Page: 680

View: 1206

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 17th edition has been updated with 20 new cases, including landmark decisions on such topics as campaign finance, Obamacare, gay marriage, and the First Amendment.

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: 9655

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.

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: 9546

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.

The Cultural Study of Law

Reconstructing Legal Scholarship

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Author: Paul W. Kahn

Publisher: University of Chicago Press

ISBN: 9780226422558

Category: Law

Page: 169

View: 2669

Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.

Founding Choices

American Economic Policy in the 1790s

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Author: Douglas A. Irwin,Richard Sylla

Publisher: University of Chicago Press

ISBN: 0226384756

Category: Business & Economics

Page: 353

View: 9412

Papers of the National Bureau of Economic Research conference held at Dartmouth College on May 8-9, 2009.

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: 9081

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.

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: 7021

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

Terror and Consent

The Wars for the Twenty-first Century

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Author: Philip Bobbitt

Publisher: Penguin UK

ISBN: 0141916826

Category: Political Science

Page: 688

View: 8085

The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.

Castle Valley, America

hard land, hard-won home

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Author: Nancy Jacobus Taniguchi

Publisher: Utah State Univ Pr

ISBN: N.A

Category: Biography & Autobiography

Page: 365

View: 5286

In Castle Valley, coal mining and the railroad attracted diverse, multiethnic communities and a fair share of historic characters, from Butch Cassidy to Mother Jones. Taniguchi has written an epic history that is not just local history but American history writ locally.