the activist john marshall marbury v madison and the myth of judicial review

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The Activist

Author : Lawrence Goldstone
ISBN : 0802717594
Genre : History
File Size : 89. 58 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.

Historical Dictionary Of The U S Constitution

Author : Richard S. Conley
ISBN : 9781442271876
Genre : Political Science
File Size : 28. 98 MB
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The Historical Dictionary of the U.S. Constitution contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on key figures in the Founding, Supreme Court chief justices, explanations of the Articles and Amendments to the Constitution, and key Supreme Court cases. This book is an excellent access point for students, researchers, and anyone wanting to know more about the U.S. Constitution.

Inherently Unequal

Author : Lawrence Goldstone
ISBN : 0802778860
Genre : History
File Size : 47. 60 MB
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A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era. In the following years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accomodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era." The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to definite the Jim Crow era.

Without Precedent

Author : Joel Richard Paul
ISBN : 9781594488238
Genre : Biography & Autobiography
File Size : 29. 19 MB
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No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. This is the astonishing true story of how a roughcut frontiersman--born in Virginia in 1755 and with little formal education--invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation.

The Great Decision

Author : Cliff Sloan
ISBN : 9780786744961
Genre : History
File Size : 66. 78 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.

Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives

Author : James R. Maxeiner
ISBN : 9781108195836
Genre : Law
File Size : 70. 66 MB
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In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.

Marbury V Madison And Judicial Review

Author : Robert Lowry Clinton
ISBN : UOM:39015018629470
Genre : Law
File Size : 60. 30 MB
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Political Foundations Of Judicial Supremacy

Author : Keith E. Whittington
ISBN : 9781400827756
Genre : Law
File Size : 61. 56 MB
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Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

The Great Chief Justice

Author : Charles F. Hobson
ISBN : UOM:39015038031616
Genre : Biography & Autobiography
File Size : 44. 53 MB
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"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

Deconstructing Penguins

Author : Lawrence Goldstone
ISBN : 9780307415035
Genre : Family & Relationships
File Size : 23. 15 MB
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“Books are like puzzles,” write Lawrence and Nancy Goldstone. “The author’s ideas are hidden, and it is up to all of us to figure them out.” In this indispensable reading companion, the Goldstones–noted parent-child book club experts–encourage grownups and young readers alike to adopt an approach that will unlock the magic and power of reading. With the Goldstones help, parents can inspire kids’ lifelong love of reading by teaching them how to unlock a book’s hidden meaning. Featuring fun and incisive discussions of numerous children’s classics, this dynamic guide highlights key elements–theme, setting, character, point of view, climax, and conflict–and paves the way for meaningful conversations between parents and children. “Best of all,” the Goldstones note, “you don’t need an advanced degree in English literature or forty hours a week of free time to effectively discuss a book with your child. This isn’t Crime and Punishment, it’s Charlotte’s Web.” From the Trade Paperback edition.

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