The Slaughterhouse Cases

Regulation, Reconstruction, and the Fourteenth Amendment

Author: Ronald M. Labbé,Jonathan Lurie

Publisher: N.A

ISBN: 9780700614097

Category: History

Page: 205

View: 7432

While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.

Prigg V. Pennsylvania

Slavery, the Supreme Court, and the Ambivalent Constitution

Author: H. Robert Baker

Publisher: N.A

ISBN: 9780700618644

Category: History

Page: 202

View: 3348

Examines the case of Prigg v. Pennsylvania, the 1842 Supreme Court case that struck down the free states' personal liberty laws and reaffirmed federal supremacy in determining the procedures for fugitive slave rendition. The first and only book-length treatment of this landmark case that became a pivot point for antebellum politics and law some fifteen years before Dred Scott.

Marbury V. Madison

The Origins and Legacy of Judicial Review

Author: William Edward Nelson

Publisher: Landmark Law Cases & American

ISBN: 9780700610624

Category: History

Page: 142

View: 2911

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 reconstruction justice of Salmon P. Chase

in re Turner and Texas v. White

Author: Harold Melvin Hyman

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 184

View: 8200

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

Lochner V. New York

Economic Regulation on Trial

Author: Paul Kens

Publisher: N.A

ISBN: 9780700609192

Category: Law

Page: 216

View: 686

Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most important and most frequently cited cases in Supreme Court history. In this concise and readable guide, Paul Kens shows us why the case remains such an important marker in the ideological battles between the free market and the regulatory state. The Supreme Court's decision declared unconstitutional a New York State law limiting bakery workers to no more than ten hours per day or sixty hours per week. By evoking its "police power," the state hoped to eliminate the employers' abuse of these workers. But the 5-4 majority opinion, authored by Justice Rufus Peckham and renounced by Justice Oliver Wendell Holmes, cited the state's violation of due process and the "right of contract between employers and employees," which the majority believed was protected by the Fourteenth Amendment. Critics jumped on the decision as an example of conservative juidicial activism promoting laissez-faire capitalism at the expense of progressive reform. As series editors Peter Hoffer and N.E.H. Hull note in their preface, "the case also raised a host of significant questions regarding the impetus of state legislatures to enter the workplace and regulate hours, wages, and working conditions; of the role of courts as monitors of the constitutionality of state regulation of the economy; and of the place of economic and moral theories in judicial thinking." Kens, however, reminds us that these hotly contested ideas and principles emerged from a very real human drama involving workers, owners, legislators, lawyers, and judges. Within the crucible of an industrializing America, their story reflected the fierce competition between two powerful ideologies.

Gideon's Trumpet

Author: Anthony Lewis

Publisher: Vintage

ISBN: 0679723129

Category: History

Page: 277

View: 3126

The story of a convict's defense of his contention that a person on trial should not be denied the assistance of counsel

The Color-Blind Constitution

Author: Andrew Kull

Publisher: Harvard University Press

ISBN: 9780674039803

Category: Law

Page: 314

View: 7982

From 1840 to 1960 the profoundest claim of Americans who fought the institution of segregation was that the government had no business sorting citizens by the color of their skin. During these years the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement. Yet, in the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely suppressed. Thus a strong line of argument laying down one theoretical basis for the constitutional protection of civil rights has been lost. Andrew Kull provides us with the previously unwritten history of the color-blind idea. From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan's famous dissent in "Plessy," civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution. The real alternative, embraced by the Supreme Court in 1896, was a constitutional guarantee of reasonable classification. The government, it said, had the power to classify persons by race so long as it acted reasonably; the judiciary would decide what was reasonable. In our own time, in "Brown v. Board of Education" and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle. The impoverishment of the antidiscrimination theme in the Court's decision prefigured the affirmative action shift in the civil rights agenda. The social upheaval of the 1960s put the color-blind Constitution out of reach for a quartercentury or more; but for the hard choices still to be made in racial policy, the colorblind tradition of civil rights retains both historical and practical significance.

The Other Rights Revolution

Conservative Lawyers and the Remaking of American Government

Author: Assistant Professor of American Studies and Political Science Jefferson Decker

Publisher: Oxford University Press

ISBN: 0190467312

Category: Cause lawyers

Page: 296

View: 7270

In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

Program

Author: Organization of American Historians. Meeting

Publisher: N.A

ISBN: N.A

Category: Historians

Page: N.A

View: 5553


Keeping Faith with the Constitution

Author: Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder

Publisher: Oxford University Press

ISBN: 9780199752836

Category: Political Science

Page: 272

View: 9715

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Oxford Handbook of the U.S. Constitution

Author: Mark Tushnet,Mark A. Graber,Sanford Levinson

Publisher: Oxford University Press

ISBN: 0190245778

Category: Political Science

Page: 992

View: 3444

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Rethinking the Judicial Settlement of Reconstruction

Author: Pamela Brandwein

Publisher: Cambridge University Press

ISBN: 1139496964

Category: Political Science

Page: N.A

View: 4091

American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

The Conscience of the Constitution

The Declaration of Independence and the Right to Liberty

Author: Timothy Sandefur

Publisher: Cato Institute

ISBN: 1939709040

Category: Law

Page: 242

View: 751

The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.

A Treatise on State and Federal Control of Persons and Property in the United States

Considered from Both a Civil and Criminal Standpoint

Author: Christopher Gustavus Tiedeman

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772298

Category: Law

Page: 1274

View: 1958

Tiedeman, Christopher G. A Treatise on State and Federal Control of Persons and Property in the United States Considered from both a Civil and Criminal Standpoint. St. Louis: The F.H. Thomas Law Book Co., 1900. Two volumes. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-229-8. Cloth. $195. * A conservative jurist known for his important study A Treatise on the Limitations of Police Power in the United States Considered from Both a Civil and Criminal Standpoint, Tiedeman [1857-1903] completed this work at a time when the spirit of social and economic laissez-faire of the Gilded Age was giving way to demands for greater degrees of governmental regulation in response to the emergence of modern corporate capitalism and, especially, the rapid growth of Socialism, Communism, and Anarchism. For Tiedeman, the fundamental issue is the need to control these groups in the interests of public order while preserving their rights of self-determination as guaranteed by the Constitution. He was optimistic that popular faith in the Constitution is strong enough to maintain this delicate balance.