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Author: Publisher: Univ. of Tennessee Press ISBN: 9781572331785 Category : History Languages : en Pages : 484
Book Description
In this first comprehensive history of the Tennessee Supreme Court, seven leading scholars explore the role played by the Court in the social, economic, and political life of the state. Charting the evolution and organization of the Court (and its predecessor, the Superior Court of Law and Equity), the authors also assess the work of the Court within the larger context of the legal history of the South. Arranged chronologically, this volume covers the period from statehood in 1796 through the judicial election of 1998 and traces the range of contentious issues the Court has faced, including slavery, Reconstruction, economic rights, the regulation of business, and race and gender relations. The authors also outline the Court's relationship with the Supreme Court of the United States and chronicle the achievements of the Court in public and private law, state constitutional law, property law, criminal justice, and family law. The central themes that emerge include the nature of federalism, the search for judicial independence, and the practice of judicial review. As the authors demonstrate, the work of the Tennessee Supreme Court highlights the importance of state courts to the federal system and illuminates the interplay between regionalism and national norms in shaping a state's legal culture. Indeed, as mediator of conflicts between traditional southern values and national economic and social trends, the Court has generally, if sometimes belatedly, adopted national legal standards. Further, while the Court has tended to defer to the state's legislative decision-making process, it has on occasion assumed a more activist role in order to assert individual rights for Tennessee's citizens. Sponsored by the Tennessee Supreme Court Historical Society, this book is written for anyone interested in Tennessee history in general or legal history in particular. Appendixes include a comprehensive table of cases and biographical information about all the Court's judges. The Editor: James W. Ely Jr. is Milton R. Underwood Professor of Law and professor of history at Vanderbilt University. His books include The Chief Justiceship of Melville W. Fuller, 1888-1910 and The Guardian of Every Other Right: A Constitutional History of Property Rights. He is also the series editor of the six-volume Property Rights in American History.
Author: Publisher: Univ. of Tennessee Press ISBN: 9781572331785 Category : History Languages : en Pages : 484
Book Description
In this first comprehensive history of the Tennessee Supreme Court, seven leading scholars explore the role played by the Court in the social, economic, and political life of the state. Charting the evolution and organization of the Court (and its predecessor, the Superior Court of Law and Equity), the authors also assess the work of the Court within the larger context of the legal history of the South. Arranged chronologically, this volume covers the period from statehood in 1796 through the judicial election of 1998 and traces the range of contentious issues the Court has faced, including slavery, Reconstruction, economic rights, the regulation of business, and race and gender relations. The authors also outline the Court's relationship with the Supreme Court of the United States and chronicle the achievements of the Court in public and private law, state constitutional law, property law, criminal justice, and family law. The central themes that emerge include the nature of federalism, the search for judicial independence, and the practice of judicial review. As the authors demonstrate, the work of the Tennessee Supreme Court highlights the importance of state courts to the federal system and illuminates the interplay between regionalism and national norms in shaping a state's legal culture. Indeed, as mediator of conflicts between traditional southern values and national economic and social trends, the Court has generally, if sometimes belatedly, adopted national legal standards. Further, while the Court has tended to defer to the state's legislative decision-making process, it has on occasion assumed a more activist role in order to assert individual rights for Tennessee's citizens. Sponsored by the Tennessee Supreme Court Historical Society, this book is written for anyone interested in Tennessee history in general or legal history in particular. Appendixes include a comprehensive table of cases and biographical information about all the Court's judges. The Editor: James W. Ely Jr. is Milton R. Underwood Professor of Law and professor of history at Vanderbilt University. His books include The Chief Justiceship of Melville W. Fuller, 1888-1910 and The Guardian of Every Other Right: A Constitutional History of Property Rights. He is also the series editor of the six-volume Property Rights in American History.
Author: Samuel Cole Williams Publisher: ISBN: Category : History Languages : en Pages : 398
Book Description
This imposing volume covers almost all primary sources pertaining to Connecticut men in the Revolution which were still extant at the time of the book's original publication in 1889, including original minutes of the General Assembly and Governor's office, original rolls, pay rolls, accounts, diaries, maps, the papers of George Washington and Connecticut Revolutionary governor John Trumbull, and numerous other collections both privately and publicly held.
Author: Gregory Ablavsky Publisher: Oxford University Press, USA ISBN: 0190905697 Category : Law Languages : en Pages : 361
Book Description
Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.
Author: Kermit Hall Publisher: Wadsworth Publishing Company ISBN: 9780618543335 Category : History Languages : en Pages : 580
Book Description
Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for the introductory survey course, covers the entire chronological span of Constitutional history.Tracing the historical development of American constitutional thought, the Second Edition of this anthology presents the documents critical to constitutional development, including actual legal texts as well as the reactions of prominent legal minds.
Author: Dwight Pitcaithley Publisher: Univ Tennessee Press ISBN: 9781621906827 Category : History Languages : en Pages :
Book Description
The election of 1860 put to rest a tumultuous decade of legislative contest over the institution of slavery--even as it set in motion events that led directly to its demise by civil war. While some scholarship tends to minimize the role of slavery in the secession of the Southern states in the early 1860s, Dwight Pitcaithley's Tennessee Secedes: A Documentary History takes the opposite approach, examining the many factors that both fueled and complicated Tennessee's unique journey toward secession in 1861. Organized chronologically by source and speaker, Tennessee Secedes presents a selection of primary sources from December 1860 through the summer of 1861, inviting students to examine the arc of Tennessee's secession march. Pitcaithley introduces proclamations, declarations, addresses, resolutions, proposed constitutional amendments, and other materials from Tennessee legislators, members of Congress, and delegates to the East Tennessee Convention. These sources highlight the political divisions apparent in the Volunteer State during this season of unrest. While many other Southern states saw little support for Unionism in the early 1860s, Tennessee stood in stark contrast, with a large and vocal population that ardently opposed secession. Complete with appendices featuring 1861 election returns, communications from the Tennessee Congressional Delegation of the Thirty-Sixth Congress, and a timeline for Secession Winter--as well as questions for further discussion--Tennessee Secedes is an invaluable resource for students of the Civil War and Tennessee history, offering an insightful analysis of Tennessee's uncertain path to the Confederacy in the summer of 1861.
Author: Lewis L. Laska Publisher: ISBN: 0199779074 Category : Law Languages : en Pages : 216
Book Description
Tennesseans pioneered innovations in self-government beginning in 1772, and they have continued to do so since the enactment of their first formal constitution in 1796. Over time, Tennessee has adopted, abolished, and changed it's constitution as political and social needs demanded and allowed. In The Tennessee State Constitution, Lewis L. Laska provides a comprehensive introduction to Tennessee's constitution including a history of its development beginning in the 1700s, article-by-article commentary on the constitution itself, and an extensive bibliography of Tennessee constitutional history. This essential guide to the Tennessee constitution also presents valuable commentary on the constitution's preamble and 11 articles including the declaration of rights, the distribution of powers, the executive department, elections, impeachments, the judicial department, state and county officers, militia, disqualification, oaths, bribery of electors, new counties, and miscellaneous provisions. Also included are an annotated bibliography of Tennessee constitutional history including references to pre-statehood compacts, the constitutions of 1796 and 1835, the Civil War, Reconstruction and the 1865 amendments, the constitution of 1870, attempted constitutional reform, and five constitutional conventions from 1953 to 1977. A table of cases completes this unsurpassed reference guide that will be referred to and relied upon by constitutional scholars and students as well as legal historians. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Author: Joseph M. Lynch Publisher: Cornell University Press ISBN: 9780801472718 Category : History Languages : en Pages : 340
Book Description
No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document--focusing on James Madison's changing views--as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Author: Carroll Van West Publisher: ISBN: 9781558535992 Category : Encyclopedias and dictionaries Languages : en Pages : 0
Book Description
This definitive encyclopedia offers 1,534 entries on Tennessee by 514 authors. With thirty-two essays on topics from agriculture to World War II, this major reference work includes maps, photos, extensive cross-referencing, bibliographical information, and a detailed index.
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Author: Samuel Cole Williams
Author: Joshua William Caldwell
Author: Gregory Ablavsky
Author: Kermit Hall
Author: Dwight Pitcaithley
Author: Lewis L. Laska
Author: Joseph M. Lynch
Author: Carroll Van West
Author: Boris Heersink