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Marbury V Madison

Author: William E. Nelson
Publisher: Landmark Law Cases & American
ISBN: 9780700626403
Size: 34.66 MB
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The history behind Marbury v. Madison and why it is a foundational case for establishing the principle of judicial review and to understanding the development of the U.S. Supreme Court.

Marbury V Madison

Author: William Edward Nelson
Publisher: Landmark Law Cases & American
ISBN: 9780700610624
Size: 77.70 MB
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This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.

The Activist

Author: Lawrence Goldstone
Publisher: Walker
ISBN: 9780802717597
Size: 12.63 MB
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In the waning days of his presidency, in January 1801, John Adams made some historic appointments to preserve his Federalist legacy. Foremost among them, he named his secretary of state, John Marshall, Chief Justice of the Supreme Court-neither of them anticipating that Marshall would soon need to decide the most crucial case in Supreme Court history-Marbury vs. Madison. The Activist is the story of that case and its impact on American history. It revolved around a suit brought by Federalist William Marbury and 3 others that unwittingly set off a Constitutional debate that has reverberated for more than two centuries, for the case introduced a principle ("judicial review") at the heart of our democracy: does the Supreme Court have the right to interpret the Constitution and the law. Acclaimed narrative historian Larry Goldstone makes this early American legal drama come alive for readers today as a seminal moment in our history, chronicling, as it does, the formation and foundation of the Supreme Court. But it has ever since given cover to justices, like Antonin Scalia today, who assert the Court's power over the meaning of the Constitution.That Marshall's opinion was also the very height of the judicial activism that Scalia, John Roberts, and their fellow conservatives deplore promises to be one of American history's great ironies.The debate began in 1801, and continues to this day-and in Lawrence Goldstone's hands, it has never been more interesting or relevant for general readers.

The Great Decision

Author: Cliff Sloan
Publisher: PublicAffairs
ISBN: 0786744960
Size: 55.30 MB
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Following the bitterly contested election between Adams and Jefferson in 1800, the United States teetered on the brink of a second revolution. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, it became evident that the new Constitution was limited in its powers. Change was in order and John Marshall stepped up to the challenge. The Great Decision tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state. Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America's formative years and the evolution of our democracy.

A History Of The Supreme Court

Author: Bernard Schwartz
Publisher: Oxford University Press
ISBN: 9780195093872
Size: 51.53 MB
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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

Dred Scott And The Politics Of Slavery

Author: Earl M. Maltz
Publisher:
ISBN: 9780700615025
Size: 75.36 MB
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Closely examines on of the Supreme Court's most infamous decisions: that went far beyond one slave's suit for "freeman" status by declaring that ALL blacks--freemen as well as slaves--were not, and never could become, U.S. citizens, bringing an end to the 1820 Missouri Compromise, while also resulting in the outrage that led to the Civil War.

Privilege And Creative Destruction

Author: Stanley I. Kutler
Publisher: JHU Press
ISBN: 9780801839832
Size: 12.78 MB
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In this now-classic work in legal and constitutional theory, Stanley I. Kutler examines one of the Supreme Court's most celebrated decisions. In 1837, the Court ruled that the state of Massachusetts had the right to erect a free bridge over the Charles River even though it had previously chartered a privately owned toll bridge at the same location. The Court's decision fostered the idea of "creative destruction," a process that encourages new forms of property at the expense of older ones. Exploring the origins, context, and impact of this decision, Kutler integrates traditional American constitutional history with the "new legal history" that emphasizes the social and economic bases of legal change. Book jacket.

Great Cases In Constitutional Law

Author: Robert P. George
Publisher: Princeton University Press
ISBN: 1400882729
Size: 57.82 MB
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Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism. A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.

M Culloch V Maryland

Author: Mark Robert Killenbeck
Publisher:
ISBN: 9780700614721
Size: 37.60 MB
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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."