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Gibbons V Ogden Law And Society In The Early Republic

Author: Thomas H. Cox
Publisher: Ohio University Press
ISBN:
Size: 67.40 MB
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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.

The Dred Scott Case

Author: David Thomas Konig
Publisher: Ohio University Press
ISBN: 0821419129
Size: 32.25 MB
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The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. --

The Center Of A Great Empire

Author: Andrew Robert Lee Cayton
Publisher: Ohio University Press
ISBN: 0821416200
Size: 53.72 MB
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A forested borderland dominated by American Indians in 1780, Ohio was a landscape of farms and towns inhabited by people from all over the world in 1830. The Center of a Great Empire: The Ohio Country in the Early Republic chronicles this dramatic and all-encompassing change. Editors Andrew R.L. Cayton and Stuart D. Hobbs have assembled a focused collection of articles by established and rising scholars that address the conquest of Native Americans, the emergence of a democratic political culture, the origins of capitalism, the formation of public culture, the growth of evangelical Protestantism, the ambiguous status of African Americans, and social life in a place that most contemporaries saw as on the cutting edge of human history. Indeed, to understand what was happening in the Ohio country in the decades after the American Revolution is to go a long way toward understanding what was happening in the United States and the Atlantic world as a whole. For The Center of a Great Empire, distinguished historians of the American nation in its first decades question conventional wisdom. Downplaying the frontier character of Ohio, they offer new answers and open new paths of inquiry through investigations of race, education, politics, religion, family, commerce, colonialism, and conquest. As it underscores key themes in the history of the United States,The Center of a Great Empire pursues issues that have fascinated people for two centuries. Andrew R. L. Cayton, distinguished professor of history at Miami University in Oxford, Ohio, is the author of several books, including Ohio: The History of a People and, with Fred Anderson, The Dominion of War: Liberty and Empire in North America, 1500-2000 . Stuart D. Hobbs is program director for History in the Heartland, a professional development program for middle and high school teachers of history. Hobbs is the author of The End of the American Avant Garde.

James Madison

Author: John R. Vile
Publisher: Ohio University Press
ISBN: 0821418319
Size: 72.75 MB
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James Madison: Philosopher, Founder, and Statesman presents fresh scholarship on the philosophical statesman who served as the nation’s fourth president and who is often called both the father of the U.S. Constitution and the father of the Bill of Rights. These essays by historians and political scientists from the United States and abroad focus on six distinct aspects of Madison’s life and work: his personality and development as a statesman; his work at the Constitutional Convention of 1787 and contributions to larger constitutional design; his advocacy for the adoption of the Bill of Rights; his controversial role as a party leader; his presidency; and his life after leaving office. James Madison continues to be regarded as one of America’s great political theorists, a man who devoted his life to, and who found fulfill- ment in, public service. His philosophical contributions remain vital to any understanding of the modern American polity. This book will be of great interest to political scientists and theorists, as well as to historians of early American history and politics.

So Great A Proffit

Author: James R. Fichter
Publisher: Harvard University Press
ISBN: 9780674050570
Size: 46.67 MB
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"This remarkable book shows the crucial role of American traders in global commerce during years of general war, and makes a bold revisionist argument for the role of the capital the merchants accumulated in the ̀great divergence' between North Atlantic societies and the rest of the world. Based on wide research and full of lively writing about a remarkable variety of places and people, it will be read with profit and pleasure by all students of the origins of the modern world."--

The Great Yazoo Lands Sale

Author: Charles F. Hobson
Publisher:
ISBN: 9780700623310
Size: 44.37 MB
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The story of the landmark case of Fletcher v. Peck (1810), in which Chief Justice John Marshall first expounded the contract clause of the Constitution.

Ohio Canal Era

Author: Harry N. Scheiber
Publisher: Ohio University Press
ISBN: 0821444034
Size: 20.26 MB
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Ohio Canal Era, a rich analysis of state policies and their impact in directing economic change, is a classic on the subject of the pre–Civil War transportation revolution. This edition contains a new foreword by scholar Lawrence M. Friedman, Professor of Law, Stanford Law School, and a bibliographic note by the author. Professor Scheiber explores how Ohio—as a “public enterprise state,” creating state agencies and mobilizing public resources for transport innovation and control—led in the process of economic change before the Civil War. No other historical account of the period provides so full and insightful a portrayal of “law in action.” Scheiber reveals the important roles of American nineteenth-century government in economic policy-making, finance, administration, and entrepreneurial activities in support of economic development. His study is equally important as an economic history. Scheiber provides a full account of waves of technological innovation and of the transformation of Ohio’s commerce, agriculture, and industrialization in an era of hectic economic change. And he tells the intriguing story of how the earliest railroads of the Old Northwest were built and financed, finally confronting the state-owned canal system with a devastating competitive challenge. Amid the current debate surrounding “privatization,” “deregulation,” and the appropriate use of “industrial policy” by government to shape and channel the economy. Scheiber’s landmark study gives vital historical context to issues of privatization and deregulation that we confront in new forms today.

John Marshall And The Heroic Age Of The Supreme Court

Author: R. Kent Newmyer
Publisher: LSU Press
ISBN: 0807132497
Size: 45.21 MB
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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.

Living Originalism

Author: Jack M. Balkin
Publisher: Harvard University Press
ISBN: 0674063031
Size: 68.65 MB
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Originalism and living constitutionalism, often seen as opposing views, are not in conflict. So argues Jack Balkin, a leading constitutional scholar, in this long-awaited book. Step by step, Balkin shows how both liberals and conservatives play important roles in constitutional construction, and offers a way past the angry polemics of our era.