Author: Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 320
Book Description
The Supreme Court in American Life Series: The Fuller court, 1888-1910
Author: The Fuller Court, 1888-1910
Author: Howard B. FurerPublisher:
ISBN: 9780867330663
Category : Constitutional history
Languages : en
Pages : 299
Book Description
The Supreme Court in American Life Series: The Conservative court, 1910-1930
Author: The Chief Justiceship of Melville W. Fuller, 1888–1910
Author: James W. ElyPublisher: Univ of South Carolina Press
ISBN: 1611171717
Category : Biography & Autobiography
Languages : en
Pages : 461
Book Description
A study of the man who led the Supreme Court as the nineteenth century ended and the twentieth began, exploring issues of property, government authority, and more. In this comprehensive interpretation of the Supreme Court during the pivotal tenure of Melville W. Fuller, James W. Ely Jr., provides a judicial biography of the man who led the Court from 1888 until 1910 as well as a comprehensive and thoughtful analysis of the jurisprudence dispensed under his leadership. Highlighting Fuller’s skills as a judicial administrator, Ely argues that a commitment to economic liberty, the security of private property, limited government, and states’ rights guided Fuller and his colleagues in their treatment of constitutional issues. Ely directly challenges the conventional idea that the Fuller Court adopted laissez-faire principles in order to serve the needs of business. Rather, Ely presents the Supreme Court’s efforts to safeguard economic rights not as a single-minded devotion to corporate interests but as a fulfillment of the property-conscious values that shaped the constitution-making process in 1787. The resulting study illuminates a range of related legal issues, including the Supreme Court’s handling of race relations, criminal justice, governmental authority, and private law disputes.
The Supreme Court and Religion in American Life, Vol. 2
Author: James HitchcockPublisher: Princeton University Press
ISBN: 1400826268
Category : Law
Languages : en
Pages : 273
Book Description
School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.
The Supreme Court and Religion in American Life, Vol. 1
Author: James HitchcockPublisher: Princeton University Press
ISBN: 140082625X
Category : Law
Languages : en
Pages : 232
Book Description
School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.
Of Time and Judicial Behavior
Author: Drew Noble LanierPublisher: Susquehanna University Press
ISBN: 9781575910673
Category : History
Languages : en
Pages : 284
Book Description
This study examines the agenda setting and decision making behavior of the U.S. Supreme Court from 1888 to 1997. The study finds that economics decisions dominated the Court's docket up until the 1950s, when civil liberties cases became more prominent, and judicial power decisions remained relatively constant.
The Supreme Court in American Life Series: The Burger court, 1968-1984
Author: Melville Weston Fuller, Chief Justice of the United States, 1888-1910
Author: Willard Leroy KingPublisher: New York : Macmillan
ISBN:
Category : Judges
Languages : en
Pages : 434
Book Description
The Supreme Court in American Life
Author: George J. LankevichPublisher:
ISBN:
Category : Judges
Languages : en
Pages : 364
Book Description
This nine volume set of books provides a comprehensive view of the Supreme Court from 1787 to the present. Each book is divided by Supreme Court decisions and background events, biographies of the Justices, an annotated bibliography, and important court opinions and documents.
