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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... who was most relevant to the revolutionary soldier. True, the staunch Tory lawyer sang the praises of a sovereign Parliament, whose authority Marshall fought to repudiate. But Blackstone praised even more the rights of property, which.
... sovereign and speak constitutionally only in organic convention. To say that the adoption of the Constitution in 1788 completed the Revolution—which Marshall's contemporaries and modern historians agree was the case—is only to reassert ...
... sovereign and not at the same time govern directly would be a central problem in his jurisprudence as well as in American political theory. Closely connected to the question of popular government was that of leadership. Here, too, the ...
... sovereign power was at odds with both Marshall's wartime nationalism and his professional and private interests.51 Nowhere was this more clear, or the consequences more far-reaching, than in the state's repudiation of pre– Revolutionary ...
... sovereign people could be most clearly heard. The central problem, they insisted, was not the Articles of Confederation, which was presented as a model arrangement, but the proposed Constitution, which “squints toward monarchy” and ...
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 |