John Marshall and the Heroic Age of the Supreme CourtLSU Press, 2007. gada 1. apr. - 511 lappuses John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law. |
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1.–5. rezultāts no 31.
... power to collect debts and enforce contracts, this without the protective shield of state authority. Finally there was the passionate and prophetic assault on the principle of implied powers, which seemed to be built into the ...
... power given to Congress to call forth and regulate the militia—in Article 1, Section 8—totally obliterated states' “constructive implied power” in this area, thereby destroying their power to suppress insurrections. Marshall did not ...
... authority behind the payment of British debts—the treaty power in the Constitution, like implied powers, was a Trojan horse. For Marshall, the treaty power was an attribute of sovereignty. He had no way of knowing in 1788 that the ...
... implied some form of judicial review, they had only to read Hamilton's Federalist 78 or, on the Anti-Federalist side ... power of Congress. “If they [Congress] were to make a law not warranted by any of the powers enumerated,” he ...
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Saturs
CHAPTER THREE | |
CHAPTER FOUR | |
CHAPTER FIVE | |
CHAPTER | |
CHAPTER SEVEN | |
EPILOGUE | |
Essay on the Sources | |
List of Cases | |
Citi izdevumi - Skatīt visu
John Marshall and the Heroic Age of the Supreme Court R. Kent Newmyer Ierobežota priekšskatīšana - 2007 |
John Marshall and the Heroic Age of the Supreme Court R. Kent Newmyer Ierobežota priekšskatīšana - 2001 |
John Marshall and the Heroic Age of the Supreme Court R. Kent Newmyer Ierobežota priekšskatīšana - 2007 |