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Look Inside History of the Supreme Court of the United States

History of the Supreme Court of the United States

Volume 2. Foundations of Power: John Marshall, 1801–15


Part of Oliver Wendell Holmes Devise History of the Supreme Court of the United States

  • Date Published: February 2010
  • availability: Available
  • format: Hardback
  • isbn: 9780521519847

£ 139.00

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About the Authors
  • Foundations of Power: John Marshall, 1801–1815 is the second volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. The volume covers the beginnings of the Supreme Court under Chief Justice John Marshall and surveys the first fourteen years of John Marshall's tenure. The authors describe the judicial business transacted by the chief justice and the ten Associate Justices with whom he served during those years. They argue that John Marshall's great accomplishment as Chief Justice was to establish the rule of law as the basis of the Supreme Court's jurisprudence. The book chronicles how, by becoming 'a bulwark of an identifiable rule of law as distinct from the accommodations of politics', the relatively feeble institution of the 1790s moved toward the authoritative Marshall Court of 1819.

    • Now includes a new foreword by the General Editor, Stanley N. Katz
    • Comprehensive treatment of the history of the Supreme Court from 1801–1815
    • Most complete analysis available of the Supreme Court's rising authority as a branch of government, and as supreme arbiter of the U.S. Constitution
    Read more

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    Product details

    • Date Published: February 2010
    • format: Hardback
    • isbn: 9780521519847
    • length: 704 pages
    • dimensions: 239 x 162 x 41 mm
    • weight: 1.146kg
    • contains: 21 b/w illus. 13 tables
    • availability: Available
  • Table of Contents

    Part I: Preface
    1. The state of the union
    2. The posture of American politics in 1801: the clash of ideologies and the roots of political allegiance
    3. The court in Washington
    4. The federal judicial system - 1801–1802
    5. Jefferson's attack on the federal judiciary
    6. Marbury v. Madison
    7. Impeachment
    8. Habeas corpus, treason, and the trial of Aaron Burr
    9. Executive power and the judiciary: the embargo
    10. States' rights and the national judiciary
    Part II:
    1. Introduction: the business of the court
    2. Illegal trade and prize cases
    3. Marine insurance and instance cases
    4. The articulation of American nationality
    5. International law and the Supreme Court
    6. Business enterprise and the Supreme Court
    7. Public land policy and the Supreme Court
    8. Jurisdiction and procedure of federal courts and the federal common law of crimes
    9. Conclusion.

  • Authors

    George Lee Haskins, University of Pennsylvania
    George Lee Haskins (1915–1991) was Algernon Sydney Biddle Professor of Law at the University of Pennsylvania Law School. He wrote more than 80 articles and authored several books, including his magisterial Law and Authority in Early Massachusetts (1960). Earlier, Haskins authored Estates Arising from the Marriage Relationship and Their Characteristics (1952), The Growth of English Representative Government (1948), and The Statute of York and the Interest of the Commons (1935), and he co-authored the Pennsylvania Fiduciary Guide (1957).

    Herbert A. Johnson, University of South Carolina, Columbia
    Herbert A. Johnson is a Distinguished Professor Emeritus of Law at the University of South Carolina School of Law. He is the author of numerous articles and books, including The Chief Justiceship of John Marshall, 1801–1935 (1997); American Legal and Constitutional History: Cases and Materials (1994); John Jay, Colonial Lawyer (1989); and Essays on New York Colonial Legal History (1981). Most recently, he authored Wingless Eagle: U.S. Army Aviation through World War I (2001).

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