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Author: Paul Kens Publisher: Univ of South Carolina Press ISBN: 1611172195 Category : Biography & Autobiography Languages : en Pages : 393
Book Description
A view of the major legal challenges of post–Civil War America as seen from the highest court in the land. In The Supreme Court under Morrison R. Waite, 1874–1888, Paul Kens provides a history of the Court during a time that began in the shadow of the Civil War and ended with America on the verge of establishing itself as an industrial world power. Morrison R. Waite (1816–1888) led the Court through a period that experienced great racial violence and sectional strife. At the same time, a commercial revolution produced powerful new corporate businesses and, in turn, dissatisfaction among agrarian and labor interests. The nation was also consolidating the territory west of the Mississippi River, an expansion often marred with bloodshed and turmoil. It was an era that strained America's thinking about the purpose, nature, and structure of government and ultimately about the meaning of the constitution. Some of the landmark events faced by this Court centered on issues of civil rights. These ranged from the Colfax massacre and treatment of blacks in the South to the rights of women, conflicts with Mormons over polygamy and religious freedom, and the mistreatment of Chinese immigrants in the West. Economic concerns also dominated the decisions of the Court. Westward expansion brought conflicts over the distribution of public domain lands. The building and financing of the transcontinental railroad and the web of railroads throughout the nation brought great wealth to some, but that success was accompanied by the Panic of 1873, the first nationwide labor strike, and the Granger movement. Changes in business practices and concerns over concentrated wealth fueled debates over the limits of government regulation of business enterprise and the constitutional status of corporations. In addition to the more dramatic topics of civil rights and economic regulation, this study also covers such important issues of the day as bankruptcy, criminal law, interstate commerce, labor strife, bonds and railroad financing, and land disputes. Challenging the conventional portrayal of the Waite Court as being merely transitional, Kens observes that the majority of these justices viewed themselves as guardians of tradition. Even while facing legal disputes that grew from the drastic changes in post-Civil War America's social, political, and economic order, the Waite Court tended to look backward for its cues. Its rulings on issues of liberty and equality, federalism and the powers of government, and popular sovereignty and the rights of the community were driven by constitutional traditions established prior to the Civil War. This is an important distinction because the conventional portrayal of this Court as transitional leaves the impression that later changes in legal doctrine were virtually inevitable, especially with respect to the subjects of civil rights and economic regulation. By demonstrating that there was nothing inevitable about the way constitutional doctrine has evolved, Kens provides an original and insightful interpretation that enhances our understanding of American constitutional traditions as well as the development of constitutional doctrine in the late nineteenth century.
Author: Paul Kens Publisher: Univ of South Carolina Press ISBN: 1611172195 Category : Biography & Autobiography Languages : en Pages : 393
Book Description
A view of the major legal challenges of post–Civil War America as seen from the highest court in the land. In The Supreme Court under Morrison R. Waite, 1874–1888, Paul Kens provides a history of the Court during a time that began in the shadow of the Civil War and ended with America on the verge of establishing itself as an industrial world power. Morrison R. Waite (1816–1888) led the Court through a period that experienced great racial violence and sectional strife. At the same time, a commercial revolution produced powerful new corporate businesses and, in turn, dissatisfaction among agrarian and labor interests. The nation was also consolidating the territory west of the Mississippi River, an expansion often marred with bloodshed and turmoil. It was an era that strained America's thinking about the purpose, nature, and structure of government and ultimately about the meaning of the constitution. Some of the landmark events faced by this Court centered on issues of civil rights. These ranged from the Colfax massacre and treatment of blacks in the South to the rights of women, conflicts with Mormons over polygamy and religious freedom, and the mistreatment of Chinese immigrants in the West. Economic concerns also dominated the decisions of the Court. Westward expansion brought conflicts over the distribution of public domain lands. The building and financing of the transcontinental railroad and the web of railroads throughout the nation brought great wealth to some, but that success was accompanied by the Panic of 1873, the first nationwide labor strike, and the Granger movement. Changes in business practices and concerns over concentrated wealth fueled debates over the limits of government regulation of business enterprise and the constitutional status of corporations. In addition to the more dramatic topics of civil rights and economic regulation, this study also covers such important issues of the day as bankruptcy, criminal law, interstate commerce, labor strife, bonds and railroad financing, and land disputes. Challenging the conventional portrayal of the Waite Court as being merely transitional, Kens observes that the majority of these justices viewed themselves as guardians of tradition. Even while facing legal disputes that grew from the drastic changes in post-Civil War America's social, political, and economic order, the Waite Court tended to look backward for its cues. Its rulings on issues of liberty and equality, federalism and the powers of government, and popular sovereignty and the rights of the community were driven by constitutional traditions established prior to the Civil War. This is an important distinction because the conventional portrayal of this Court as transitional leaves the impression that later changes in legal doctrine were virtually inevitable, especially with respect to the subjects of civil rights and economic regulation. By demonstrating that there was nothing inevitable about the way constitutional doctrine has evolved, Kens provides an original and insightful interpretation that enhances our understanding of American constitutional traditions as well as the development of constitutional doctrine in the late nineteenth century.
Author: Brent J. Aucoin Publisher: University of Arkansas Press ISBN: 1610753461 Category : Social Science Languages : en Pages : 186
Book Description
A Rift in the Clouds chronicles the efforts of three white southern federal judges to protect the civil rights of African Americans at the beginning of the twentieth century, when few in the American legal community were willing to do so. Jacob Treiber of Arkansas, Emory Speer of Georgia, and Thomas Goode Jones of Alabama challenged the Supreme Court's reading of the Reconstruction amendments that were passed in an attempt to make disfranchised and exploited African Americans equal citizens of the United States. These unpopular white southerners, two of whom who had served in the Confederate Army and had themselves helped to bring Reconstruction to an end in their states, asserted that the amendments not only established black equality, but authorized the government to protect blacks. Although their rulings won few immediate gains for blacks and were overturned by the Supreme Court, their legal arguments would be resurrected, and meet with greater success, over half a century later during the civil rights movement.
Author: Glenna R. Schroeder-Lein Publisher: Bloomsbury Publishing USA ISBN: 1576075869 Category : History Languages : en Pages : 400
Book Description
This A–Z encyclopedia provides carefully selected entries covering the people, events, and concepts relevant to Andrew Johnson's life. Andrew Johnson was—and is—an American paradox. He never attended school, yet fought for public education. He was a Southern slaveholder who opposed secession and enforced emancipation. Born into poverty, he became the 17th president of the United States—and the first U.S. president to be impeached. This new volume thoroughly examines the troubled career of our most unpopular president—not to resuscitate his reputation, but because his personal contradictions reflected those of his country: a democratic nation conceived in liberty, yet existing half slave and half free; an economy of yeoman farmers and independent artisans being swept into industrialization and a market system; a country fond of tradition, but caught up in social, economic, and political revolution.
Author: Jefferson Davis Publisher: LSU Press ISBN: 0807139076 Category : History Languages : en Pages : 769
Book Description
Volume 13 of The Papers of Jefferson Davis follows the former president of the Confederacy as he becomes head of the Carolina Life Insurance Company of Memphis and attempts to gain a financial foothold for his newly reunited family. Having lost everything in the Civil War and spent two years immediately afterwards in federal prison, Davis faced a mounting array of financial woes, health problems, and family illnesses and tragedies in the 1870s. Despite setbacks during this decade, Davis also began a quest to rehabilitate his image and protect his historical legacy. Although his position with the insurance company provided temporary financial stability, Davis resigned after the Panic of 1873 forced the sale of the company and its new owners canceled payments to Carolina policyholders. He left for England the following year in search of employment and to recuperate from ongoing illnesses. In 1876, Davis became president of the London-based Mississippi Valley Society and relocated to New Orleans to run the company. Throughout the 1870s, Davis waged an expensive and seemingly endless legal battle to regain his prewar Mississippi plantation, Brierfield. He also began working on his memoirs at Beauvoir, the Gulf Coast estate of a family friend. Though disfranchised, Davis addressed the subject of politics with more frequency during this decade, criticizing the Reconstruction policies of the federal government while defending the South and the former Confederacy. The volume ends with Davis's inheritance of Beauvoir, which was his last home. The editors have drawn from over one hundred manuscript repositories and private collections in addition to numerous published sources in compiling Volume 13.
Author: Paul D. Moreno Publisher: LSU Press ISBN: 9780807123836 Category : Law Languages : en Pages : 332
Book Description
The nature of race-based employment discrimination and its proper solution continue to be topics of much public debate. Scarce, however, is the kind of dispassionate scholarly treatment that lends a helpful long-range perspective on the matter. In this welcome study, Paul D. Moreno retraces the legal and political responses to racial bias in America’s workplaces. From Direct Action to Affirmative Action makes clear that the demand for preferential employment practices originated decades before the Civil Rights Act of 1964. By casting the development of modern national policy in a broader historical context, it brings depth and nuance to an understanding of this important area of civil rights.
Author: David B. Sachsman Publisher: Routledge ISBN: 1351534602 Category : History Languages : en Pages : 243
Book Description
A Press Divided provides new insights regarding the sharp political divisions that existed among the newspapers of the Civil War era. These newspapers were divided between North and South, and also divided within the North and South. These divisions reflected and exacerbated the conflicts in political thought that caused the Civil War and the political and ideological battles within the Union and the Confederacy about how to pursue the war. In the North, dissenting voices alarmed the Lincoln administration to such a degree that draconian measures were taken to suppress dissenting newspapers and editors, while in the South, the Confederate government held to its fundamental belief in freedom of speech and was more tolerant of political attacks in the press. This volume consists of eighteen chapters on subjects including newspaper coverage of the rise of Lincoln, press reports on George Armstrong Custer, Confederate women war correspondents, Civil War photojournalists, newspaper coverage of the Emancipation Proclamation, and the suppression of the dissident press. This book tells the story of a divided press before and during the Civil War, discussing the roles played by newspapers in splitting the nation, newspaper coverage of the war, and the responses by the Union and Confederate administrations to press criticism.
Author: C. Waldrep Publisher: Springer ISBN: 1403982716 Category : History Languages : en Pages : 275
Book Description
The U.S. is the most violent industrialized country in the world, and lynching - that is, murder endorsed by the community - may be a key to understanding America's heritage of violence and perhaps point to solutions that can eradicate it. While lynchings are predominantly racial in tone and motive, Christopher Waldrep's sweeping study of the meaning and uses of lynching from the colonial period to the present reveals that the definition of the term has shifted dramatically over time, and that the victims and perpetuators of lynching were as diverse as its many meanings. By examining lynching from a comparative and temporal perspective, Waldrep teaches us important lessons not only about racial violence in America, but about the ways in which communities define and justify crime and the punishment of its criminals.
Author: Randall Kennedy Publisher: Vintage ISBN: 0307814653 Category : Social Science Languages : en Pages : 559
Book Description
An "admirable, courageous, and meticulously fair and honest book” (New York Times Book Review) in which “one of our most important and perceptive writers on race" (The Washington Post) takes on a highly complex issue in a way that no one has before. "This book should be a standard for all law students."—Boston Globe In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another.
Author: Ronald M. Labbé Publisher: ISBN: Category : Business & Economics Languages : en Pages : 232
Book Description
"The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, hundreds of independent butchers sued, framing their cases as an infringement of rights protected by the recently passed Fourteenth Amendment. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result in 1873 was a controversial 5-4 decision that for the first time addressed the meaning and import of the Fourteenth Amendment. While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.
Author: Thomas C. Holt Publisher: Macmillan + ORM ISBN: 1429965517 Category : History Languages : en Pages : 649
Book Description
Ordinary people don't experience history as it is taught by historians. They live across the convenient chronological divides we impose on the past. The same people who lived through the Civil War and the eradication of slavery also dealt with the hardships of Reconstruction, so why do we almost always treat them separately? In Children of Fire, renowned historian Thomas C. Holt challenges this form to tell the story of generations of African Americans through the lived experience of the subjects themselves, with all of the nuances, ironies, contradictions, and complexities one might expect. Building on seminal books like John Hope Franklin's From Slavery to Freedom and many others, Holt captures the entire African American experience from the moment the first twenty African slaves were sold at Jamestown in 1619. Each chapter focuses on a generation of individuals who shaped the course of American history, hoping for a better life for their children but often confronting the ebb and flow of their civil rights and status within society. Many familiar faces grace these pages—Frederick Douglass, W.E.B. DuBois, Martin Luther King, and Barack Obama—but also some overlooked ones. Figures like Anthony Johnson, a slave who bought his freedom in late seventeenth century Virginia and built a sizable plantation, only to have it stolen away from his children by an increasingly racist court system. Or Frank Moore, a WWI veteran and sharecropper who sued his landlord for unfair practices, but found himself charged with murder after fighting off an angry white posse. Taken together, their stories tell how African Americans fashioned a culture and identity amid the turmoil of four centuries of American history.
Author: Paul Kens
Author: Paul Kens
Author: Brent J. Aucoin
Author: Glenna R. Schroeder-Lein
Author: Jefferson Davis
Author: Paul D. Moreno
Author: David B. Sachsman
Author: C. Waldrep
Author: Randall Kennedy
Author: Ronald M. Labbé
Author: Thomas C. Holt