Author: Charles F. Hobson
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 278
Book Description
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
The Great Chief Justice
Author: Charles F. Hobson
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 278
Book Description
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 278
Book Description
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
The First Chief Justice
Author: Mark C. Dillon
Publisher: State University of New York Press
ISBN: 1438487878
Category : History
Languages : en
Pages : 417
Book Description
The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch. In The First Chief Justice, New York State Appellate Judge Mark C. Dillon uncovers, for the first time, how Jay's personal, educational, and professional experiences—before, during, and after the Revolutionary War—shaped both the establishment of the first system of federal courts from 1789 to 1795 and Jay's approach to deciding the earliest cases heard by the Supreme Court. Dillon takes us on a fascinating journey of a task accomplished by constant travel on horseback to the nation's far reaches, with Jay adeptly handling the Washington administration, Congress, lawyers, politicians, and judicial colleagues. The book includes the history of each of the nine cases decided by Jay when he was Chief Justice, many of which have proven with time to have enduring historical significance. The First Chief Justice will appeal to anyone interested in the establishment of the US federal court system and early American history.
Publisher: State University of New York Press
ISBN: 1438487878
Category : History
Languages : en
Pages : 417
Book Description
The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch. In The First Chief Justice, New York State Appellate Judge Mark C. Dillon uncovers, for the first time, how Jay's personal, educational, and professional experiences—before, during, and after the Revolutionary War—shaped both the establishment of the first system of federal courts from 1789 to 1795 and Jay's approach to deciding the earliest cases heard by the Supreme Court. Dillon takes us on a fascinating journey of a task accomplished by constant travel on horseback to the nation's far reaches, with Jay adeptly handling the Washington administration, Congress, lawyers, politicians, and judicial colleagues. The book includes the history of each of the nine cases decided by Jay when he was Chief Justice, many of which have proven with time to have enduring historical significance. The First Chief Justice will appeal to anyone interested in the establishment of the US federal court system and early American history.
Chief Executive to Chief Justice
Author: Lewis L. Gould
Publisher: University Press of Kansas
ISBN: 070062001X
Category : History
Languages : en
Pages : 214
Book Description
As our 27th president from 1909 to 1913, and then as chief justice of the Supreme Court from 1921 to 1930, William Howard Taft was the only man ever to lead two of America’s three governing branches. But between these two well-documented periods in office, there lies an eight-year patch of largely unexplored political wilderness. It was during this time, after all, that Taft somehow managed to rise from his ignominious defeat by both Woodrow Wilson and Theodore Roosevelt in the 1912 election to achieve his lifelong goal of becoming chief justice. In the first in-depth look at this period in Taft’s singular career, eminent presidential historian Lewis L. Gould reveals how a man often derided for his lack of political acumen made his way through the hazards of Republican affairs to gain his objective. In the years between the presidency and the Supreme Court Taft was, as one commentator observed, “the greatest of globe trotters for humanity.” Gould tracks him as he crisscrosses the country from 1913 through the summer of 1921, the inveterate traveler reinventing himself as an elder Republican statesman with no visible political ambition beyond informing and serving the public. Taft was, however, working the long game, serving on the National War Labor Board, fighting for the League of Nations, teaching law and constitutional history at Yale, making up his differences with Roosevelt, all while negotiating the Republican Party’s antipathy and his own intense dislike of Woodrow Wilson, whose wartime policies and battle for the league he was bound to support. Throughout, his judicial ambition shaped his actions, with surprising adroitness. This account of Taft’s journey from the White House to the Supreme Court fills a large gap in our understanding of an important American politician and jurist. It also discloses how intricate and complicated public affairs had become during the era of World War I and its aftermath, an era in which William Howard Taft, as a shrewd commentator on the political scene, a resourceful practitioner of party politics, and a man of consummate ambition, made a significant and lasting mark.
Publisher: University Press of Kansas
ISBN: 070062001X
Category : History
Languages : en
Pages : 214
Book Description
As our 27th president from 1909 to 1913, and then as chief justice of the Supreme Court from 1921 to 1930, William Howard Taft was the only man ever to lead two of America’s three governing branches. But between these two well-documented periods in office, there lies an eight-year patch of largely unexplored political wilderness. It was during this time, after all, that Taft somehow managed to rise from his ignominious defeat by both Woodrow Wilson and Theodore Roosevelt in the 1912 election to achieve his lifelong goal of becoming chief justice. In the first in-depth look at this period in Taft’s singular career, eminent presidential historian Lewis L. Gould reveals how a man often derided for his lack of political acumen made his way through the hazards of Republican affairs to gain his objective. In the years between the presidency and the Supreme Court Taft was, as one commentator observed, “the greatest of globe trotters for humanity.” Gould tracks him as he crisscrosses the country from 1913 through the summer of 1921, the inveterate traveler reinventing himself as an elder Republican statesman with no visible political ambition beyond informing and serving the public. Taft was, however, working the long game, serving on the National War Labor Board, fighting for the League of Nations, teaching law and constitutional history at Yale, making up his differences with Roosevelt, all while negotiating the Republican Party’s antipathy and his own intense dislike of Woodrow Wilson, whose wartime policies and battle for the league he was bound to support. Throughout, his judicial ambition shaped his actions, with surprising adroitness. This account of Taft’s journey from the White House to the Supreme Court fills a large gap in our understanding of an important American politician and jurist. It also discloses how intricate and complicated public affairs had become during the era of World War I and its aftermath, an era in which William Howard Taft, as a shrewd commentator on the political scene, a resourceful practitioner of party politics, and a man of consummate ambition, made a significant and lasting mark.
American Hero
Author: David Bruce Smith
Publisher: Brandylane Publishers Inc
ISBN: 0985935863
Category : Biography & Autobiography
Languages : en
Pages : 43
Book Description
"John Marshall (1755-1835) was a good son, a kind older brother, a loving father and husband, and a dear friend to many. He was a soldier for the Revolutionary Army, a successful lawyer, a congressman, and Secretary of State. Most importantly, he was Chief Justice of the United States. As Chief Justice, John Marshall made the Supreme Court the strong and powerful body it is today."--Back cover.
Publisher: Brandylane Publishers Inc
ISBN: 0985935863
Category : Biography & Autobiography
Languages : en
Pages : 43
Book Description
"John Marshall (1755-1835) was a good son, a kind older brother, a loving father and husband, and a dear friend to many. He was a soldier for the Revolutionary Army, a successful lawyer, a congressman, and Secretary of State. Most importantly, he was Chief Justice of the United States. As Chief Justice, John Marshall made the Supreme Court the strong and powerful body it is today."--Back cover.
The Chief
Author: Joan Biskupic
Publisher: Basic Books
ISBN: 0465093280
Category : Biography & Autobiography
Languages : en
Pages : 415
Book Description
An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
Publisher: Basic Books
ISBN: 0465093280
Category : Biography & Autobiography
Languages : en
Pages : 415
Book Description
An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
Chief Justice Fred M. Vinson of Kentucky
Author: James E. St. Clair
Publisher: University Press of Kentucky
ISBN: 9780813170350
Category : Political Science
Languages : en
Pages : 420
Book Description
Fred M. Vinson, the thirteenth Chief Justice of the United States, started his political career as a small-town Kentucky lawyer and rose to positions of power in all three branches of federal government. Born in Louisa, Kentucky, Vinson earned undergraduate and law degrees from Centre College in Danville. He served 12 years in the U.S. House of Representatives, where he achieved acclaim as a tax and fiscal expert. President Roosevelt appointed him to the U.S. Circuit Court of Appeals for the District of Columbia and later named him to key executive-branch positions. President Truman appointed him Secretary of the Treasury and then Chief Justice. The Vinson court was embroiled in critical issues affecting racial discrimination and individual rights during the cold war. Chief Justice Fred M. Vinson of Kentucky: A Political Biography offers a wealth of insight into one of the most significant and highly regarded political figures to emerge from Kentucky.
Publisher: University Press of Kentucky
ISBN: 9780813170350
Category : Political Science
Languages : en
Pages : 420
Book Description
Fred M. Vinson, the thirteenth Chief Justice of the United States, started his political career as a small-town Kentucky lawyer and rose to positions of power in all three branches of federal government. Born in Louisa, Kentucky, Vinson earned undergraduate and law degrees from Centre College in Danville. He served 12 years in the U.S. House of Representatives, where he achieved acclaim as a tax and fiscal expert. President Roosevelt appointed him to the U.S. Circuit Court of Appeals for the District of Columbia and later named him to key executive-branch positions. President Truman appointed him Secretary of the Treasury and then Chief Justice. The Vinson court was embroiled in critical issues affecting racial discrimination and individual rights during the cold war. Chief Justice Fred M. Vinson of Kentucky: A Political Biography offers a wealth of insight into one of the most significant and highly regarded political figures to emerge from Kentucky.
A Republic, If You Can Keep It
Author: Neil Gorsuch
Publisher: Forum Books
ISBN: 0525576797
Category : Biography & Autobiography
Languages : en
Pages : 370
Book Description
NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”
Publisher: Forum Books
ISBN: 0525576797
Category : Biography & Autobiography
Languages : en
Pages : 370
Book Description
NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”
Without Precedent
Author: Joel Richard Paul
Publisher: Penguin
ISBN: 0525533281
Category : Biography & Autobiography
Languages : en
Pages : 514
Book Description
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.
Publisher: Penguin
ISBN: 0525533281
Category : Biography & Autobiography
Languages : en
Pages : 514
Book Description
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.
William Howard Taft
Author: Jeffrey Rosen
Publisher: Times Books
ISBN: 1250293693
Category : Biography & Autobiography
Languages : en
Pages : 206
Book Description
The only man to serve as president and chief justice, who approached every decision in constitutional terms, defending the Founders’ vision against new populist threats to American democracy William Howard Taft never wanted to be president and yearned instead to serve as chief justice of the United States. But despite his ambivalence about politics, the former federal judge found success in the executive branch as governor of the Philippines and secretary of war, and he won a resounding victory in the presidential election of 1908 as Theodore Roosevelt’s handpicked successor. In this provocative assessment, Jeffrey Rosen reveals Taft’s crucial role in shaping how America balances populism against the rule of law. Taft approached each decision as president by asking whether it comported with the Constitution, seeking to put Roosevelt’s activist executive orders on firm legal grounds. But unlike Roosevelt, who thought the president could do anything the Constitution didn’t forbid, Taft insisted he could do only what the Constitution explicitly allowed. This led to a dramatic breach with Roosevelt in the historic election of 1912, which Taft viewed as a crusade to defend the Constitution against the demagogic populism of Roosevelt and Woodrow Wilson. Nine years later, Taft achieved his lifelong dream when President Warren Harding appointed him chief justice, and during his years on the Court he promoted consensus among the justices and transformed the judiciary into a modern, fully equal branch. Though he had chafed in the White House as a judicial president, he thrived as a presidential chief justice.
Publisher: Times Books
ISBN: 1250293693
Category : Biography & Autobiography
Languages : en
Pages : 206
Book Description
The only man to serve as president and chief justice, who approached every decision in constitutional terms, defending the Founders’ vision against new populist threats to American democracy William Howard Taft never wanted to be president and yearned instead to serve as chief justice of the United States. But despite his ambivalence about politics, the former federal judge found success in the executive branch as governor of the Philippines and secretary of war, and he won a resounding victory in the presidential election of 1908 as Theodore Roosevelt’s handpicked successor. In this provocative assessment, Jeffrey Rosen reveals Taft’s crucial role in shaping how America balances populism against the rule of law. Taft approached each decision as president by asking whether it comported with the Constitution, seeking to put Roosevelt’s activist executive orders on firm legal grounds. But unlike Roosevelt, who thought the president could do anything the Constitution didn’t forbid, Taft insisted he could do only what the Constitution explicitly allowed. This led to a dramatic breach with Roosevelt in the historic election of 1912, which Taft viewed as a crusade to defend the Constitution against the demagogic populism of Roosevelt and Woodrow Wilson. Nine years later, Taft achieved his lifelong dream when President Warren Harding appointed him chief justice, and during his years on the Court he promoted consensus among the justices and transformed the judiciary into a modern, fully equal branch. Though he had chafed in the White House as a judicial president, he thrived as a presidential chief justice.
The Specter of Dictatorship
Author: David M. Driesen
Publisher: Stanford University Press
ISBN: 1503628620
Category : Law
Languages : en
Pages : 323
Book Description
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Publisher: Stanford University Press
ISBN: 1503628620
Category : Law
Languages : en
Pages : 323
Book Description
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.