The Great Decision

Jefferson, Adams, Marshall, and the Battle for the Supreme Court

Author: Cliff Sloan,David McKean

Publisher: PublicAffairs

ISBN: 0786744960

Category: History

Page: 288

View: 7062

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Following the bitterly contested election between Adams and Jefferson in 1800, the United States teetered on the brink of a second revolution. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, it became evident that the new Constitution was limited in its powers. Change was in order and John Marshall stepped up to the challenge. The Great Decision tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state. Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America's formative years and the evolution of our democracy.

Summary: The Great Decision

Review and Analysis of Cliff Sloan and David McKean's Book

Author: BusinessNews Publishing

Publisher: Primento

ISBN: 2511002140

Category: Political Science

Page: 44

View: 1781

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The must-read summary of Cliff Sloan and David McKean's book: “The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court”. This complete summary of "The Great Decision" by Cliff Sloan and David McKean provides an overview of the authors' account of the riveting court case that led Marshall to empower the Supreme Court and come up with the idea of separating powers in the way that they exist in today's modern state. Added-value of this summary: • Save time • Understand the role of the Supreme Court and the origins of its powers • Expand your knowledge of American politics and legislation To learn more, read "The Great Decision" and discover how the separation of powers into branches in the US first came about.

The Presidents and the Constitution

A Living History

Author: Ken Gormley

Publisher: NYU Press

ISBN: 1479872075

Category: Law

Page: 672

View: 4082

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Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.

Constitutional Law for a Changing America

Rights, Liberties, and Justice

Author: Lee Epstein,Thomas G. Walker

Publisher: CQ Press

ISBN: 1483384039

Category: Political Science

Page: 848

View: 3517

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Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. In Constitutional Law for a Changing America: Rights, Liberties, and Justice, Ninth Edition authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.

John Marshall's Constitutionalism

Author: Clyde H. Ray

Publisher: SUNY Press

ISBN: 1438474423

Category: Political Science

Page: 170

View: 528

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A study of John Marshall’s political thought with special emphasis on his views of constitutional legitimacy, sovereignty, citizenship, and national identity. John Marshall’s Constitutionalism is an exploration of Supreme Court Chief Justice John Marshall’s political thought. Often celebrated and occasionally derided as a force in the creation of American jurisprudence and the elevation of the American Supreme Court, Marshall is too seldom studied as a political thinker. Clyde H. Ray explores this neglected dimension of Marshall’s thought by examining his constitutional theory in the context of several of his most important Supreme Court opinions, arguing that Marshall’s political theory emphasized the federal Constitution’s fundamental legitimacy; its sovereignty over national and state government policy; its importance in defining responsible citizenship; and its role in establishing a Constitution-based form of American nationalism. This cross-disciplinary argument illustrates Marshall’s devotion to the Constitution as a new source of national identity during the early national period. Furthermore, Ray argues that Marshall’s constitutionalism makes important contributions not only to our understanding of American constitutionalism during his time, but also conveys important lessons for readers seeking a better understanding of the Constitution’s role in the United States today. “Ray’s deep analysis shows how Chief Justice John Marshall’s constitutional thought can inform our thinking today about issues of legitimacy, federalism, and national identity.” — Frank Colucci, Purdue University Northwest

The Second Amendment

A Biography

Author: Michael Waldman

Publisher: Simon and Schuster

ISBN: 1476747466

Category: History

Page: 272

View: 9364

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Widely acclaimed at the time of its publication, the life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. At a time of increasing gun violence in America, Waldman’s book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men—who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the twentieth century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun. The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions. In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.

Prologue

The Journal of the National Archives

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Archives

Page: N.A

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Newsweek

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Language Arts & Disciplines

Page: N.A

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What Kind of Nation

Thomas Jefferson, John Marshall, and the Epic Stru

Author: James F. Simon

Publisher: Simon and Schuster

ISBN: 1439127638

Category: History

Page: 352

View: 4746

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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.