The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. Yet little has been written about the origins of the Act. This volume of essays analyzes the Act from political and legal perspectives while enhancing our understanding of the history of the judiciary and its role in the constitutional interpretation.
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
This book is an introduction to the Supreme Court's creation and roughly its first decade of operation, up to 1901, when John Marshall became its fourth Chief Justice. the book is intended for general readers -- both lawyers and non lawyers -- with a scholarly interest in the subject.-- p. 1.
Volume 4 assembles a selection of documents illustrating the statuory development of the federal judiciary from 1789-1800. Beginning with a narrative essay on the background of Article III of the Constitution, the volume tracks, from the First through the Sixth Congresses, all the major and minor legislation relevant to the establishment of the American judicial system. As the decade unfolded, experience revealed problems with the system as it was initially structured, and efforts were made to change it. Dissatisfaction with circuit riding, with the method of juror selection, and with judges undertaking duties not strictly judicial, for example, led to various legislative attempts at reform.
From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. 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. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut 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. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
A companion volume to Books on Early American History and Culture, 1991-1995, this work covers scholarship on early American history, including North America and the Caribbean from 1492 to 1815. This annotated bibliography surveys over 1,000 monographs, essay collections, exhibition catalogs, and reference works published between 1986 and 1990. In thirty-two thematic sections, the book covers such topics as colonization, rural life and agriculture, and religion. This useful guide organizes the recent explosion of scholarly literature on pre-colonial, colonial, and early Republican America.
The Finch & Roberts Federal Courts casebook, now in its fourth edition, showcases thoughtfully curated cases that keep exactly what you need for appreciating core concepts and court reasoning. The text introducing and connecting cases provides clear, insightful points to guide the reader. Charts, bulleted lists, and graphs also illuminate key doctrines and shifts. The casebook brings the complex material to life for students by introducing chapters with a Reference Problem highlighting essential issues of the chapter. For students that crave more application, the chapters provide numerous additional problems based on recent vexing cases and thought-provoking hypothetical fact patterns. This casebook sets the stage for dynamic, exciting treatment of seminal federal courts cases, doctrinal intricacies, practical litigation strategies, and lively classroom discussion. Students will enhance their knowledge of federal court power and gain insights for more effectively applying and comparing federal jurisdiction doctrines and principles. Finally, the casebook and teacher’s manual provide opportunities to empower students to synthesize across the material, question judicial reasoning, and contemplate ideal reforms. New to the 4th Edition: ● Updates each chapter with key cases, case excerpts, text additions, and doctrinal developments, e.g., TransUnion, Allen v. Cooper, Texas v. PennEast Pipeline Co., and Brown v. Davenport. ● Reorganizes and streamlines justiciability coverage for clarity and flow. ● Maintains all seminal cases but incorporates thoughtful revisions to aid comprehension and eliminate unnecessary explorations based on adopter feedback. ● Updates charts, graphs, and problems based on new data, statistics, and cases such as pipeline litigation and related jurisdiction-stripping statutes. ● Sharpens case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: ● Application opportunities with Reference Problems, Questions, and additional problems. ● Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. ● Crisp, insightful case excerpts with helpful connecting explanatory text.
The Second Edition of this renowned treasure trove of information about the most important laws and treaties enacted by the U.S. Congress now deepens its historical coverage and examines an entire decade of new legislation. Landmark Legislation 1774-2012 includes additional acts and treaties chosen for their historical significance or their precedential importance for later areas of major federal legislative activity in the over 200 years since the convocation of the Continental Congress. Brand new chapters expand coverage to include the last five numbered Congresses (10 years of activity from 2003-2012), which has seen landmark legislation in the areas of health insurance and health care reform; financial regulatory reform; fiscal stimulus and the Temporary Asset Relief Program; federal support for stem cell research; reform of federal financial support for public schools and higher education; and much more. Features & Benefits: Each chapter covers one of the numbered Congresses with a historical essay, followed by the major acts of that Congress arranged in chronological order of passage – with each act summarized. A Finder’s Guide summarizes all of the acts and treaties into approximately 40 separate topical policy areas. The work’s extensive bibliography has been expanded and updated. This one-volume resource is a must-have for any public or academic library, especially those with strong American history or political science collections.
The A to Z of the Early American Republic recounts the achievements and the failures, the progress and the backsliding, and the high and low points of our forefathers. First traced in the chronology and then explained in the introduction, the history of our nation's formative years is laid out in great detail. The several hundred dictionary entries describe the more eminent persons, the evolving institutions, and the crucial events that our young country faced. An extensive bibliography is included to provide easy access for further studies.
"This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire nineteen-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents - carefully wrought, passionately argued, and filled with well-turned phrases - which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. Circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation."--Jacket.
