what kind of nation thomas jefferson john marshall and the epic stru

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What Kind Of Nation

Author : James F. Simon
ISBN : 9781439127636
Genre : History
File Size : 39. 52 MB
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What Kind of Nation is a riveting account of the bitter and protracted struggle between two titans of the early republic over the power of the presidency and the independence of the judiciary. The clash between fellow Virginians (and second cousins) Thomas Jefferson and John Marshall remains the most decisive confrontation between a president and a chief justice in American history. Fought in private as well as in full public view, their struggle defined basic constitutional relationships in the early days of the republic and resonates still in debates over the role of the federal government vis-à-vis the states and the authority of the Supreme Court to interpret laws. Jefferson was a strong advocate of states' rights who distrusted the power of the federal government. He believed that the Constitution defined federal authority narrowly and left most governmental powers to the states. He was suspicious of the Federalist-dominated Supreme Court, whose members he viewed as partisan promoters of their political views at the expense of Jefferson's Republicans. When he became president, Jefferson attempted to correct the Court's bias by appointing Republicans to the Court. He also supported an unsuccessful impeachment of Federalist Supreme Court Justice Samuel Chase. Marshall believed in a strong federal government and was convinced that an independent judiciary offered the best protection for the Constitution and the nation. After he was appointed by Federalist President John Adams to be chief justice in 1801 (only a few weeks before Jefferson succeeded Adams), he issued one far-reaching opinion after another. Beginning with the landmark decision Marbury v. Madison in 1803, and through many cases involving states' rights, impeachment, treason, and executive privilege, Marshall established the Court as the final arbiter of the Constitution and the authoritative voice for the constitutional supremacy of the federal government over the states. As Marshall's views prevailed, Jefferson became increasingly bitter, certain that the Court was suffocating the popular will. But Marshall's carefully reasoned rulings endowed the Court with constitutional authority even as they expanded the power of the federal government, paving the way for later Court decisions sanctioning many pivotal laws of the modern era, such as those of the New Deal, the Great Society, and the Civil Rights Act of 1964. In a fascinating description of the treason trial of Jefferson's former vice president, Aaron Burr, James F. Simon shows how Marshall rebuffed President Jefferson's claim of executive privilege. That decision served as precedent for a modern Supreme Court ruling rejecting President Nixon's claim that he did not have to hand over the Watergate tapes. More than 150 years after Jefferson's and Marshall's deaths, their words and achievements still reverberate in constitutional debate and political battle. What Kind of Nation is a dramatic rendering of a bitter struggle between two shrewd politicians and powerful statesmen that helped create a United States.

The Grouchy Historian

Author : Ed Asner
ISBN : 9781501166037
Genre : Political Science
File Size : 66. 50 MB
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In the tradition of Michael Moore, Ed Asner—a.k.a. Lou Grant from The Mary Tyler Moore Show—reclaims the Constitution from the right-wingers who think that they and only they know how to interpret it. Ed Asner, a self-proclaimed dauntless Democrat from the old days, figured that if the right-wing wackos are wrong about voter fraud, Obama’s death panels, and climate change, they are probably just as wrong about what the Constitution says. There’s no way that two hundred-plus years later, the right-wing ideologues know how to interpret the Constitution. On their way home from Philadelphia the people who wrote it couldn’t agree on what it meant. What was the president’s job? Who knew? All they knew was that the president was going to be George Washington and as long as he was in charge, that was good enough. When Hamilton wanted to start a national bank, Madison told him that it was unconstitutional. Both men had been in the room when the Constitution was written. And now today there are politicians and judges who claim that they know the original meaning of the Constitution. Are you kidding? In The Grouchy Historian, Ed Asner leads the charge for liberals to reclaim the Constitution from the right-wingers who use it as their justification for doing whatever terrible thing they want to do, which is usually to comfort the comfortable and afflict the afflicted. It’s about time someone gave them hell and explained that progressives can read, too.

Fdr And Chief Justice Hughes

Author : James F. Simon
ISBN : 9781416573289
Genre : History
File Size : 81. 1 MB
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Documents the political clashes between the 32nd President and the Supreme Court under Chief Justice Hughes regarding the New Deal, providing coverage of the President's proposed legislative remedies, the constitutional challenges posed by a conservative bloc on the Court and FDR's efforts to undermine the abilities of opposing justices. 40,000 first printing.

The Supreme Court And The American Elite 1789 2008

Author : L. A. Scot Powe
ISBN : 9780674032675
Genre : History
File Size : 38. 47 MB
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In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

Lincoln And Chief Justice Taney

Author : James F. Simon
ISBN : 9780743250337
Genre : History
File Size : 67. 51 MB
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Traces the clashes between the sixteenth president and his Chief Justice, profiling their disparate views about African-American rights, the South's legal ability to secede, and presidential constitutional powers during wartime.

The Failure Of The Founding Fathers

Author : Bruce A. Ackerman
ISBN : 0674018664
Genre : History
File Size : 75. 58 MB
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Provides a new understanding of the early days of the Supreme Court and office of the President.

The Majesty Of The Law

Author : Sandra Day O'Connor
ISBN : 9780307432414
Genre : Law
File Size : 51. 60 MB
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In this remarkable book, a national bestseller in hardcover, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions. Straight-talking, clear-eyed, inspiring, The Majesty of the Law is more than a reflection on O’Connor’s own experiences as the first female Justice of the Supreme Court; it also reveals some of the things she has learned and believes about American law and life—reflections gleaned over her years as one of the most powerful and inspiring women in American history. From the Trade Paperback edition.

Property

Author : Jesse Dukeminier
ISBN : 9781454896500
Genre : Law
File Size : 83. 63 MB
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Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Ninth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a rich visual design, compelling cases, and timely coverage of contemporary issues. In the Ninth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. Key Benefits: A new chapter on the Intellectual Property/Property relationship, that gives students a taste of patent law, copyright law, trademark law, and trade secrets law. The chapter highlights the differences and similarities among the legal treatment of real, chattel, and intellectual property. A dynamic, two-color designed casebook that encompasses cases, text, questions, problems, examples and numerous photographs and diagrams. Extended coverage of major recent Supreme Court decisions, including Murr v. Wisconsin, Horne v. Department of Agriculture, and Marvin M. Brandt Revocable Trust v. United States.

The Price Of Greatness

Author : Jay Cost
ISBN : 9781541697485
Genre : History
File Size : 71. 97 MB
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An incisive account of the tumultuous relationship between Alexander Hamilton and James Madison and of the origins of our wealthy yet highly unequal nation In the history of American politics there are few stories as enigmatic as that of Alexander Hamilton and James Madison's bitterly personal falling out. Together they helped bring the Constitution into being, yet soon after the new republic was born they broke over the meaning of its founding document. Hamilton emphasized economic growth, Madison the importance of republican principles. Jay Cost is the first to argue that both men were right--and that their quarrel reveals a fundamental paradox at the heart of the American experiment. He shows that each man in his own way came to accept corruption as a necessary cost of growth. The Price of Greatness reveals the trade-off that made the United States the richest nation in human history, and that continues to fracture our politics to this day.

Balance Of Forces

Author : Harold H. Bruff
ISBN : UOM:39015063196292
Genre : Law
File Size : 76. 8 MB
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Balance of Forces addresses the question: How can an eighteenth-century Constitution effectively control a twenty-first century government? Bruff explores and critiques the law that governs the relationships among the three constitutional branches, and between them and the massive administrative bureaucracy that has arisen. He examines the delicate tradeoffs between autonomy and accountability that govern each branch. Bruff also canvasses the ways that the elected branches oversee the bureaucracy, as they compete to control the administrative state.

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