History Commons^™

Courts And Executives, Jeffrey L. Yates, Scott S. Boddery

Political Science Faculty Publications

William Howard Taft was both our twenty-seventh president and the tenth Chief Justice of the U.S. Supreme Court -- the only person to have ever held both high positions in our country. He once famously commented that "presidents may come and go, but the Supreme Court goes on forever" (Pringle 1998). His remark reminds us that presidents serve only four-year terms (and are now limited to two of them), but justices of the Supreme court are appointed for life and leave a legacy of precedent-setting cases after departing the High Court. Of course, presidents also leave a legacy of important …

Commentary: Will The Courts Make Trump's Presidency Less Imperial?, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

Nearly three months ago, Donald Trump assumed a presidency that, for more than a century, had grown seemingly endless discretionary powers. And he did so in company with Republican majorities in Congress and in 32 state legislatures -- all of which should have made his decisions unassailable.

Instead, he has been stymied and embarrassed by resistance from a federal judiciary that has twice halted executive orders on the most prominent issue of his presidential campaign. So, will the federal judiciary become the wall against which Trump bleeds away the power not just of his own presidency but of the “imperial …

Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe

Student Publications

This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]

Samuel L. Southard And The Origins Of Gibbons V. Ogden, Michael J. Birkner

History Faculty Publications

On January 12, 1815, the former Federalist governor of New Jersey, Aaron Ogden, wrote a brief letter to a young political antagonist, Samuel L. Southard, requesting Southard's "professional aid in a hearing before the Legislature, which I expect will take place on Tuesday next." Observing that he had the relevant documents organized so that Southard could get quickly acquainted with the facts of the matter at issue, Ogden added that "the cause will be entertaining and interesting, and as to compensation, you will please to name your own sum."

A good deal of history lay behind these remarks, and the …