The Activist

Author: Lawrence Goldstone
Publisher: Walker
ISBN: 0802717594
Release Date: 2011-01-04
Genre: History

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
Publisher: Rowman & Littlefield
ISBN: 9781442271876
Release Date: 2016-08-16
Genre: Political Science

The Historical Dictionary of the U.S. Constitution covers the Founding of the American Republic and the Framers, the drafting of the Constitution, constitutional debates over ratification, and traces key events, Supreme Court chief justices, amendments, and Supreme Court cases regarding the interpretation of the Constitution from 1789-2016. 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.

Without Precedent

Author: Joel Richard Paul
Publisher: Penguin
ISBN: 9781594488238
Release Date: 2018
Genre: Biography & Autobiography

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
Publisher: PublicAffairs
ISBN: 9780786744961
Release Date: 2010-03-02
Genre: History

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
Publisher: Cambridge University Press
ISBN: 9781108195836
Release Date: 2018-03-31
Genre: Law

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.

A Brave Man Stands Firm

Author: Ronald C. Zellar
Publisher: Algora Publishing
ISBN: 9780875868844
Release Date: 2011
Genre: Biography & Autobiography

It has been often said that OC an institution is lengthened by the shadow of one man.OCO This is certainly true of John Marshall, who established the Supreme Court, made the judiciary a co-equal branch of government, and served as Chief Justice of the United States Supreme Court from 1801OCo1835. In this book a legal expert discusses the battles over the judiciary between Chief Justice John Marshall and President Thomas Jefferson during the Jefferson Presidency. The focus is on the treason trial of Aaron Burr and the story interweaves conflicts over the Judiciary Acts, Marbury v. Madison, and impeachment. Why did Thomas Jefferson and John Marshall become such great antagonists? In the dramas between these men, President Jefferson is seen in far different light than usual. John Marshall was interested in doing whatever it would take to make the United States successful; he believed in an ordered society. Jefferson, more a philosopher and a romantic, was interested in ideas rather than order. But research reveals that, despite JeffersonOCOs reputation as a champion of civil liberties, he jumped to publicly proclaim BurrOCOs guilt -- before he was even arrested, much less indicted and tried. Jefferson was intimately involved in trial strategy, writing numerous letters to the lead prosecutor. Chief Justice John Marshall responded decisively to JeffersonOCOs efforts to influence, if not dictate to, the Judicial Branch. In fact, Chief Justice John Marshall, usually presented as a champion of property rights and commerce, ensured that the rule of law prevailed despite enormous pressures, throughout the criminal trial. Letters between Jefferson and Prosecutor George Hay, and excerpts from the trial transcript and court opinions, support the authorOCOs thesis."

Inherently Unequal

Author: Lawrence Goldstone
Publisher: Walker
ISBN: 0802778852
Release Date: 2012-01-31
Genre: History

A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era. In the 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 accommodations. 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 define the Jim Crow era.

The Blessings of Liberty

Author: Michael Les Benedict
Publisher: Rowman & Littlefield
ISBN: 9781442259935
Release Date: 2016-09-30
Genre: History

This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.

The Progressive Revolution in Politics and Political Science

Author: John Marini
Publisher: Rowman & Littlefield Publishers
ISBN: 9781461666547
Release Date: 2005-06-30
Genre: Political Science

We cannot understand our current political situation and the scholarship used to comprehend our politics without taking full account of the Progressive revolution of a century ago. This fundamental shift in studying the political world relegated the theory and practice of the Founders to an antiquated historical phase. By contrast, our contributors see beyond the horizon of Progressivism to take account of the Founders' moral and political premises. By doing so they make clear the broader context of current political science disputes, a fitting subject as American professional political science enters its second century. The contributors to the volume specify the changes in the new world that Progressivism brought into being. Part I emphasizes the contrast between various Progressives and their doctrines, and the American Founding on political institutions including the presidency, political parties, and the courts; statesmen include Frederick Douglass, Theodore Roosevelt, Woodrow Wilson, and John Marshall. Part II emphasizes the radical nature of Progressivism in a variety of areas critical to the American constitutional government and self-understanding of the American mind. Subjects covered include social science, property rights, Darwinism, free speech, and political science as a liberal art. The essays provide intellectual guidance to political scientists and indicate to political practitioners the peculiar perspectives embedded in current political science. Published in cooperation with The Claremont Institute.

John Marshall

Author: Jean Edward Smith
Publisher: Henry Holt and Company
ISBN: 9781466862319
Release Date: 2014-03-10
Genre: Biography & Autobiography

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."

John Marshall

Author: Harlow Giles Unger
Publisher: Da Capo Press
ISBN: 9780306822216
Release Date: 2014-09-30
Genre: Biography & Autobiography

A soul-stirring biography of John Marshall, the young republic's great chief justice, who led the Supreme Court to power and brought law and order to the nation

Deconstructing Penguins

Author: Lawrence Goldstone
Publisher: Ballantine Books
ISBN: 9780307415035
Release Date: 2007-12-18
Genre: Family & Relationships

“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.