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History of the Supreme Court of the United States Charles Fairman (Stanford University, California)

History of the Supreme Court of the United States By Charles Fairman (Stanford University, California)

History of the Supreme Court of the United States by Charles Fairman (Stanford University, California)


Summary

With this seventh volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, Charles Fairman completes his study of the Supreme Court in the post-Civil War period of 1864-88, during the tenure of Morrison R. Waite as Chief Justice. Fairman identifies the most pressing issue during the Reconstruction as the reconciliation between North and South.

History of the Supreme Court of the United States Summary

History of the Supreme Court of the United States by Charles Fairman (Stanford University, California)

With this seventh volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, Charles Fairman completes his study of the Supreme Court in the post-Civil War period of 1864-88. In the previous volume, Fairman covered the Chief Justiceship of Salmon P. Chase; the present volume deals with the tenure of Morrison R. Waite, President Grant's fifth choice for the office. Fairman explores the significance of the Court's tentative first steps on the unending road of decisions designed to clarify and resolve some of the most persistent issues of American public law, and of a national common market. Fairman identifies the reconciliation between North and South as the most pressing issue during the Reconstruction. Accordingly, the Court was forced to mediate between the new liberties proclaimed by the post-Civil War amendments and enforcement measures and the structure of the federal system bequeathed to it by the Founders of the Republic.

About Charles Fairman (Stanford University, California)

Charles Fairman (1897-1988) was Professor of Law at Harvard Law School and the author of Volumes 6 and 7 of the Oliver Wendell Holmes Devise History of the United State Supreme Court Reconstruction and Reunion: 1864-1888. He was also the author of numerous articles and books, including The Law of Martial Rule (1930) and Mr. Justice Miller and the Supreme Court (1939). In 1948 he published his casebook, American Constitutional Decisions, and a year later, he published his classic article, 'Does the Fourteenth Amendment Incorporate the Bill of Rights?'

Table of Contents

1. Grant finds a Chief Justice; 2. Waite, C.J., joins the court; 3. Legislation to enforce the post-war amendments: 1866-72; 4. The Civil Rights Act of 1875; 5. Judicial response to the new legislation I: difficulties at the threshold; 6. Judicial response to the new legislation II: Minor, Reese, and Cruikshank; 7. Public aid to railroads; eminent domain; and rate regulation: the Granger cases; 8. Extension of federal jurisdiction; 9. Decisions on the enforcement statutes (1880); 10. The renewal of the court; 11. The civil rights cases (1883); 12. The Pacific Railroad and the public domain; 13. The commerce clause; 14. The court and the police power; 15. Reviewing the conduct of government; 16. The court and the law of nations; 17. The close of an epoch.

Additional information

NPB9780521769181
9780521769181
0521769183
History of the Supreme Court of the United States by Charles Fairman (Stanford University, California)
New
Hardback
Cambridge University Press
2009-11-23
858
N/A
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