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Author : Anonim
Publisher : Unknown
Page : 66 pages
File Size : 51,6 Mb
Release : 1810
Category : Law
ISBN : LLMC:ACSP7GE3QK0B
File No. 440
Author : Michael P. Fix,Benjamin J. Kassow
Publisher : Cambridge University Press
Page : 209 pages
File Size : 51,9 Mb
Release : 2020-08-20
Category : Law
ISBN : 9781108835633
Presenting a new theoretical perspective, Fix and Kassow show how law and politics shape state high court use of Supreme Court precedent. This book approaches this complex topic in an accessible way that will appeal to anyone interested in law and politics or traditional approaches to legal decision-making.
Author : Gerard N. Magliocca
Publisher : Oxford University Press
Page : 297 pages
File Size : 43,9 Mb
Release : 2022-03-29
Category : Judges
ISBN : 9780190947040
The first biography of George Washington's extraordinary nephew, who inherited Mount Vernon and was Chief Justice John Marshall's right-hand man on the Supreme Court for nearly thirty years. George Washington's nephew and heir was a Supreme Court Justice for over thirty years and left an indelible mark on American law. Despite his remarkable life and notable lineage, he is unknown to most Americans because he cared more about establishing the rule of law than about personal glory. In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia's ratifying convention for the Constitution, and was Chief Justice John Marshall's partner in establishing the authority of the Supreme Court. Though he could only see from one eye, Justice Washington wrote many landmark decisions defining the fundamental rights of citizens and the structure of the Constitution, including Corfield v. Coryell--an influential source for the Congress that proposed the Fourteenth Amendment. As George Washington's personal heir, Bushrod inherited both Mount Vernon and the family legacy of owning other people, one of whom was almost certainly his half-brother or nephew. Yet Justice Washington alone among the Founders was criticized by journalists for selling enslaved people and, in turn, issued a public defence of his actions that laid bare the hypocrisy and cruelty of slavery. An in-depth look at Justice Washington's extraordinary story that gives insight into his personal thoughts through his own secret journal, Washington's Heir sheds new light not only on George Washington, John Marshall, and the Constitution, but also on America's ongoing struggle to become a more perfect union.
Author : David L. Sloss
Publisher : Oxford University Press
Page : 473 pages
File Size : 54,5 Mb
Release : 2016-09-20
Category : Law
ISBN : 9780199364046
This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President. In 1945, the U.S. ratified the UN Charter, which obligates nations to promote human rights "for all without distinction as to race." In 1950, a California court applied the Charter's human rights provisions and the traditional treaty supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had effectively abrogated Jim Crow laws throughout the South by ratifying the UN Charter. In response, conservatives mobilized support for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. The de facto Bricker Amendment created a novel exception to the treaty supremacy rule for non-self-executing (NSE) treaties. The exception permits state governments to violate NSE treaties without authorization from the federal political branches. The death of treaty supremacy has significant implications for U.S. foreign policy and for U.S. compliance with its treaty obligations.
Author : Thomas Smith Grimké
Publisher : Unknown
Page : 129 pages
File Size : 50,7 Mb
Release : 1829
Category : South Carolina
ISBN : CHI:48331924
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher : Unknown
Page : 678 pages
File Size : 43,9 Mb
Release : 1983
Category : Electronic
ISBN : STANFORD:36105045457335
Author : Anonim
Publisher : Unknown
Page : 928 pages
File Size : 41,9 Mb
Release : 1986
Category : Electronic journals
ISBN : UCAL:B4906634
Author : William W. Crosskey,William Jeffrey
Publisher : University of Chicago Press
Page : 722 pages
File Size : 51,6 Mb
Release : 1953
Category : History
ISBN : 0226121348
When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.
Author : Jean Edward Smith
Publisher : Henry Holt and Company
Page : 788 pages
File Size : 45,7 Mb
Release : 2014-03-10
Category : Biography & Autobiography
ISBN : 9781466862319
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." Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
Author : Philip B. Kurland
Publisher : Unknown
Page : 498 pages
File Size : 53,7 Mb
Release : 1996
Category : Constitutional law
ISBN : UCAL:B4945694
Author : United States
Publisher : Unknown
Page : 540 pages
File Size : 55,7 Mb
Release : 1927
Category : Law
ISBN : STANFORD:36105063530443
Author : Anonim
Publisher : Unknown
Page : 1284 pages
File Size : 54,5 Mb
Release : 1977
Category : Electronic journals
ISBN : UCAL:B3699718
Author : Anonim
Publisher : Unknown
Page : 692 pages
File Size : 53,9 Mb
Release : 2002
Category : Law
ISBN : UOM:39015058665855
Author : Anonim
Publisher : Unknown
Page : 906 pages
File Size : 47,7 Mb
Release : 2005
Category : Law reports, digests, etc
ISBN : PSU:000057959818
Author : United States. Supreme Court
Publisher : Unknown
Page : 1060 pages
File Size : 49,7 Mb
Release : 2008
Category : Law reports, digests, etc
ISBN : UOM:49015003474690
