The reconstruction justice of Salmon P. Chase

in re Turner and Texas v. White

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Author: Harold Melvin Hyman

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 184

View: 2989

The demise of the Confederacy left a legacy of legal arrangements that raised fundamental and vexing questions regarding the legal rights and status of former slaves and the status of former Confederate states. As Harold Hyman shows, few individuals had greater impact on resolving these difficult questions than Salmon P. Chase, chief justice of the U.S. Supreme Court from 1865 to 1873.Hyman argues that in two cases -- In Re Turner (1867) and Texas v. White (1869) -- Chase combined his abolitionist philosophy with an activist jurisprudence to help dismantle once and for all the deposed machineries of slavery and the Confederacy.In Re Turner was a private law case decided at the federal circuit level. It involved a black woman's claim that she, a recent slave, was being held in involuntary, servitude. Elizabeth Turner's mother had apprenticed her to their former master, who had not abided by his contractual obligations to provide Elizabeth with training and compensation, substantively keepingher in slavery. Chase's decision, which relied upon due process and equal protection implications in the thirteenth amendment and the 1866 Civil Rights Act, confirmed the rights of emancipated slaves to bargain and contract with employers on a parity with white workers.Texas v. White was a public law case decided in the Supreme Court. It revolved around the issue of whether the holders of U.S. bonds seized and sold by the Confederate state of Texas could demand payment after the war from that state's newly reconstructed government. In effect, Chase and his associate justices were asked to determine the legality of actions committed by all former Confederate states and, thus, to define whatconstituted a state. Chase's opinion reaffirmed the permanence of the Union and its constituent states and the duty of the states to respect the legal rights and obligations of all citizens.Hyman's exemplary study provides

Reconstructions

New Perspectives on Postbellum America

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Author: Thomas J. Brown

Publisher: Oxford University Press

ISBN: 9780199723973

Category: History

Page: 256

View: 6144

The pivotal era of Reconstruction has inspired an outstanding historical literature. In the half-century after W.E.B. DuBois published Black Reconstruction in America (1935), a host of thoughtful and energetic authors helped to dismantle racist stereotypes about the aftermath of emancipation and Union victory in the Civil War. The resolution of long-running interpretive debates shifted the issues at stake in Reconstruction scholarship, but the topic has remained a vital venue for original exploration of the American past. In Reconstructions: New Perspectives on the Postbellum United States, eight rising historians survey the latest generation of work and point to promising directions for future research. They show that the field is opening out to address a wider range of adjustments to the experiences and effects of Civil War. Increased interest in cultural history now enriches understandings traditionally centered on social and political history. Attention to gender has joined a focus on labor as a powerful strategy for analyzing negotiations over private and public authority. The contributors suggest that Reconstruction historiography might further thrive by strengthening connections to such subjects as western history, legal history, and diplomatic history, and by redefining the chronological boundaries of the postwar period. The essays provide more than a variety of attractive vantage points for fresh examination of a major phase of American history. By identifying the most exciting recent approaches to a theme previously studied so ably, the collection illuminates the creative process in scholarly historical literature.

The Salmon P. Chase Papers: Correspondence, 1865-1873

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Author: Salmon Portland Chase,John Niven

Publisher: Kent State University Press

ISBN: 9780873386180

Category: Biography & Autobiography

Page: 432

View: 6024

This fifth volume of the Salmon P. Chase papers covers 215 letters that shed light on the last phase of Chase's life, the eight and a half years that he presided over the United States Supreme Court as chief justice. During this period, he dealt with issues that redefined the rights of individuals.

The Promises of Liberty

The History and Contemporary Relevance of the Thirteenth Amendment

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Author: Alexander Tsesis

Publisher: Columbia University Press

ISBN: 0231520131

Category: History

Page: 448

View: 5185

In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.

The Ordeal of the Reunion

A New History of Reconstruction

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Author: Mark Wahlgren Summers

Publisher: UNC Press Books

ISBN: 1469617587

Category: History

Page: 528

View: 5906

For a generation, scholarship on the Reconstruction era has rightly focused on the struggles of the recently emancipated for a meaningful freedom and defined its success or failure largely in those terms. In The Ordeal of the Reunion, Mark Wahlgren Summers goes beyond this vitally important question, focusing on Reconstruction's need to form an enduring Union without sacrificing the framework of federalism and republican democracy. Assessing the era nationally, Summers emphasizes the variety of conservative strains that confined the scope of change, highlights the war's impact and its aftermath, and brings the West and foreign policy into an integrated narrative. In sum, this book offers a fresh explanation for Reconstruction's demise and a case for its essential successes as well as its great failures. Indeed, this book demonstrates the extent to which the victors' aims in 1865 were met--and at what cost. Summers depicts not just a heroic, tragic moment with equal rights advanced and then betrayed but a time of achievement and consolidation, in which nationhood and emancipation were placed beyond repeal and the groundwork was laid for a stronger, if not better, America to come.

West's encyclopedia of American law

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Author: Jeffrey Lehman,Shirelle Phelps

Publisher: Gale

ISBN: 9780787663674

Category: Law

Page: 7000

View: 6879

West's Encyclopedia of American Law contains a comprehensive overview of American law in 13-volumes covering historical and current terms, concepts, events, movements, cases, and persons significant to U.S law. Including 5,000 entries that range from brief definitions of legal jargon to exhaustive examinations of court-room procedure, from explanations of complex topics such as civil rights to biographies of standout attorneys, from analyses of controversial issues such as gun control to transcripts of crucial Supreme Court decisions. Each entry was written, updated, and reviewed by lawyers and professors with the layperson or beginning student in mind.The layout of this edition includes: Entries contain definition and explanatory text The 94 sidebars provide brief highlights and add informative details of some facets of main entries while the 89 In Focus pieces complement main entries with details and arguments on interesting, important, or controversial issues Two appendix volumes contain over one hundred primary documents, including: milestone Supreme Court decisions & briefs; foundations of U.S. law; civil rights laws and commentary; presidential speeches; and scholarly essaysTopics in this edition include: Abandonment Absentee voting Defamation Defense of Marriage Act of 1996 Intermediate-Range Nuclear Forces Treaty Internet Fraud Movie rating Patent and Tradem Roman Law Martin Van Buren And much more

The Battle for the Black Ballot

Smith V. Allwright and the Defeat of the Texas All-white Primary

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Author: Charles L. Zelden

Publisher: N.A

ISBN: N.A

Category: Law

Page: 156

View: 8928

The history of voting rights in America is a checkerboard marked by dogged progress against persistent prejudice toward an expanding inclusiveness. The Supreme Court decision in Smith v. Allwright is a crucial chapter in that broader story and marked a major turning point for the modern civil rights movement. Charles Zelden's concise and thoughtful retelling of this episode reveals why. Denied membership in the Texas Democratic Party by popular consensus, party rules, and, from 1923 to 1927, state statutes, Texas blacks were routinely turned away from voting in the Democratic primary in the first decades of the twentieth century. Given that Texas was a one-party state and that the primary effectively determined who held office, this meant the total exclusion of Texas blacks from the political process. This practice went unchecked until 1940, when Lonnie Smith, a black dentist from Houston, fought his exclusion by election judge S. E. Allwright in the 1940 Democratic Primary. Defeated in the lowercourts, Smith finally found justice in the U.S. Supreme Court, which ruled 8-1 that the Democratic Party and its primary were not "private and voluntary" and, thus, were duly bound by constitutional protections governing the electoral process and the rights of all citizens. The real meaning of Smith's challenge to the Texas all-white primary lies at the heart of the entire civil rights revolution. One of the first significant victories for the NAACP's newly formed Legal Defense Fund against Jim Crow segregation, it provided the conceptual foundation which underlay Thurgood Marshall's successful arguments in Brown v. Board of Education. It was also viewed by Marshall as one of his most importantpersonal victories. As Zelden shows, the Smith decision attacked the intractable heart of segregation, as it redrew the boundary between public and private action in constitutional law and laid the groundwork for many civil

Capital punishment on trial

Furman v. Georgia and the death penalty in modern America

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Author: David M. Oshinsky

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 144

View: 2824

In his first book since the Pulitzer Prize--winning Polio: An American Story, renowned historian David Oshinsky takes a new and closer look at the Supreme Court's controversial and much-debated stances on capital punishment--in the landmark case of Furman v. Georgia. Career criminal William Furman shot and killed a homeowner during a 1967 burglary in Savannah, Georgia. Because it was a "black-on-white" crime in the racially troubled South, it also was an open-and-shut case. The trial took less than a day, and the nearly all-white jury rendered a death sentence. Aided by the NAACP's Legal Defense Fund, Furman's African-American attorney, Bobby Mayfield, doggedly appealed the verdict all the way to the U.S. Supreme Court, which in 1972 overturned Furman's sentence by a narrow 5--4 vote, ruling that Georgia's capital punishment statute, and by implication all other state death-penalty laws, was so arbitrary and capricious as to violate the Eighth Amendment's prohibition against "cruel and unusual punishment." Furman effectively, if temporarily, halted capital punishment in the United States. Every death row inmate across the nation was resentenced to life in prison. The decision, however, did not rule the death penalty per se to be unconstitutional; rather, it struck down the laws that currently governed its application, leaving the states free to devise new ones that the Court might find acceptable. And this is exactly what happened. In the coming years, the Supreme Court would uphold an avalanche of state legislation endorsing the death penalty. Capital punishment would return stronger than ever, with many more defendants sentenced to death and eventually executed. Oshinsky demonstrates the troubling roles played by race and class and region in capital punishment. And he concludes by considering the most recent Supreme Court death-penalty cases involving minors and the mentally ill, as well as the impact of international opinion. Compact and engaging, Oshinsky's masterful study reflects a gift for empathy, an eye for the telling anecdote and portrait, and a talent for clarifying the complex and often confusing legal issues surrounding capital punishment.

The Bakke case

race, education, and affirmative action

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Author: Howard Ball

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Business & Economics

Page: 231

View: 6782

The Chase Court : Justices, Rulings, and Legacy

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Author: Jonathan Lurie,Salmon Portland Chase

Publisher: ABC-CLIO

ISBN: 1576078213

Category: History

Page: 247

View: 2787

A revealing examination of the Supreme Court's justices and their "cautiously moderate" jurisprudence during the ten-year tenure of Chief Justice Salmon Portland Chase. * A–Z entries include the significant rulings involving Reconstruction and restoration of the Union such as Ex parte Milligan (1866), the Test Oath Cases (1867), Ex parte McCardle (1868), and Texas v. White (1869) * An analysis of the historical impact and continuing legacy of decisions such as the Court's narrow interpretation of the 14th Amendment in the famous Slaughterhouse Cases

American Singularity

The 1787 Northwest Ordinance, the 1862 Homestead and Morrill Acts, and the 1944 G. I. Bill

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Author: Harold M. Hyman

Publisher: University of Georgia Press

ISBN: 0820332968

Category: History

Page: 108

View: 7888

Since the first shots rang out at Lexington and Concord, signaling the beginning of open war between the colonies and England, America has been credited with a singular conviction, a concern for military veterans' and others' economic and political rights. The idea of America as a promised land of economic opportunity, social mobility, and political freedom has not always flourished. Historians have both given it reality and shaken its substance as they exposed an undercurrent of greed, class conflict, and corruption. In this book Harold Hyman explores the question of American singularity, using the Northwest Ordinance, the Homestead and Morrill acts, and the G.I Bill to measure individual access to land, education, and law. The Northwest Ordinance, enacted in 1787 to encourage settlement of the nation's untamed territories, mandated the establishment of public schools and stable property rights in newly settled lands--specific terms which enshrined the basic liberties secured by the Revolutionary War. Hyman shows that through the Homestead and Morrill acts of 1862, legislators sought to preserve the values of the Union and to prepare for the entrance of the black man into citizenship. Equal access to public lands in the West and to state land-grant universities, countered the economic and social injustices blacks and poor whites would face after the Civil War. Finally, Hyman asserts that the G.I. Bill preserved beneficial social programs forged during the depression, carrying into post-World War II America a widespread concern for education and housing opportunities. Examining the legislation that emerged from three periods of conflict in American history, Hyman reveals a consistent pattern favoring equal access to land, education, and law--a progression of singular, if sometimes flawed, attempts to embody in our statutes the values and aspirations that sparked our major wars.

The battle over school prayer

how Engel v. Vitale changed America

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Author: Bruce J. Dierenfield

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 263

View: 6712

It has become known to many as the moment when the U.S. Supreme Court kicked God out of the public schools, supposedly paving the way for a decline in educational quality and a dramatic rise in delinquency and immorality. The 6-to-1 decision in Engel v. Vitale (1962) not only sparked outrage among a great many religious Americans, it also rallied those who cried out against what they perceived as a dangerously activist Court. Bruce Dierenfield has written a concise and readable guide to the first--and still most important--case that addressed the constitutionality of prayer in public schools. The 22-word recitation in a Long island school that was challenged in Engel v. Vitale was hardly denominational--not even overtly Christian--but a handful of parents saw it as a violation of the First Amendment's proscription again the establishment of religion. The case forced the Supreme Court to take a stand on Jefferson's "wall of separation" between church and state. When it did so, the Court declared that by endorsing the prayer recitation--no matter how brief, nondenominational, or voluntary--the Long Island school board had unconstitutionally approved the establishment of religion in school. Writing with impeccable fairness and sensitivity, Dierenfield sets his account of the Engel decision in the larger historical and political context, citing battles over a wide range of religious activities in public schools throughout American history. He takes readers behind the scenes at school board meetings and Court deliberations to show real people wrestling with deeply personal issues. Through interviews with many of the participants, he also reveals the large price paid by the plaintiffs andtheir children, who were frequently harassed both during and after the trial. For a long time, opponents of the decision have loudly claimed that it was based on a distorted reading of the First Amendment and deprived Americans of their right to practice religion. Dierenfield shows that the polarizing effect of Engel--a decision every bit as controversial as Roe v. Wade--has reverberated through the subsequent decades and gained intensity with the rise of the religious right. His book helps readers understand why, even in the face of this landmark decision, Americans remain divided on how divided church and state should be.

Griswold versus Connecticut

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Author: John W. Johnson

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 266

View: 6689

Americans value privacy as one their most cherished rights, yet the word "privacy" isn't even mentioned in the U.S. Constitution. It took the supreme Court's ruling in "Griswold v. Connecticut (1965) to bestow constitutional protection upon this right. That remains one of the Court's most hotly debated rulings and led directly to an even more controversial decision in "Roe v. Wade (1973). John Johnson's masterly critique of Griswold-"which observes its 40th anniversary on June 7, 2005-"reminds us once again of its crucial impact on both American law and society. Johnson explores "Griswold's origins in a challenge to Connecticut's 1879 anticontraception law, provides a detailed narrative of its progress, examines the unfolding of the newly secured right of privacy up to recent controversies over same-sex relations, and grounds the story in two key contexts: the struggle within one state to establish the right to birth control and the national debate over the right of privacy. He also provides important insights into the Supreme Court decision in "Poe v. Ullman (1961), which rejected challenges to the Connecticut's law and was itself immediately challenged. In response to "poe, Planned Parenthood opened a clinic in New Haven to dispense birth control advice and devices to married women. Ten days later, a local prosecutor shut the clinic down and indicted executive director Estelle Griswold and her medical director, C. Lee Buxton. Tracing the progress of Griswold's case, Johnson clarifies how privacy or "the right to be let alone" became a judicially constructed right. In one of the most idiosyncratic opinions in the Court's history, Justice William O. Douglas ruled that "emanations" fromfive constitutional amendments afforded protection to the right of privacy, while several other justices proposed competing rationales in support. As he unravels this fascinating tale, Johnson reveals a multifaceted decision

New York Times V. Sullivan

Civil Rights, Libel Law, and the Free Press

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Author: Kermit L. Hall,Melvin I. Urofsky

Publisher: Landmark Law Cases & American

ISBN: 9780700618033

Category: Language Arts & Disciplines

Page: 222

View: 7313

Two forefront legal historians examine a classic case from the turbulent civil rights era to trace how the New York Times won a key Supreme Court appeal against an Alabama defamation suit, a victory that established important precedents in the areas of free press while significantly advancing civil rights for African-Americans in the Deep South. Simultaneous.

Bush V. Gore

Exposing the Hidden Crisis in American Democracy

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Author: Charles L. Zelden

Publisher: Landmark Law Cases & American

ISBN: 9780700617494

Category: History

Page: 305

View: 2421

Provides the most concise, accurate, and up-to-date analysis of the events and controversies surrounding the Supreme Court's 5-4 decision that stopped the Florida recount and gave George W. Bush a razor-thin electoral-vote victory over Al Gore to make him our 43rd president.

Roe v. Wade

the abortion rights controversy in American history

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Author: N. E. H. Hull,Peter Charles Hoffer

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 370

View: 5561

The Salem Witchcraft Trials

A Legal History

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Author: Peter Charles Hoffer

Publisher: N.A

ISBN: 9780700608591

Category: History

Page: 165

View: 5201

Historian Peter Charles Hoffer reexamines a notorious episode in American history and presents many of its legal details in true perspective for the first time. Hoffer also shows how rights we take for granted today did not exist in colonial times, and he demonstrates how these cases relate to current instances of children accusing adults of abuse.

One man out

Curt Flood versus baseball

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Author: Robert Michael Goldman

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Biography & Autobiography

Page: 158

View: 3305

This new look at all-star center fielder Curt Flood's efforts to shake the foundations of major league baseball reminds readers that Flood holds a unique and important place in both baseball and American law as the player who challenged baseball's reserve clause and championed the cause of free agency. Simultaneous.