Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- American colonization society (1)
- Amicus curiae (1)
- Balancing test (1)
- Colonization (1)
- Constitution (1)
-
- Distribution of powers (1)
- Doctrine (1)
- Emancipation (1)
- Federalism (1)
- Federalist (1)
- Henry clay (1)
- John marshall (1)
- Judges (1)
- Judicial review (1)
- Laws (1)
- National funding (1)
- O’connor (1)
- Pragmatic nationalist (1)
- Private correspondence (1)
- Racism (1)
- Religious expression (1)
- Religious freedom (1)
- Religious practices (1)
- Restoration act (1)
- Scalia (1)
- Slave owner (1)
- Slave population (1)
- Slavery (1)
- State (1)
- State interest test (1)
Articles 1 - 2 of 2
Full-Text Articles in Judges
Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko
Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko
Faculty Publications
Marshall thought that the solution to emancipation and the end to slavery were to be nationally funded. He considered slavery a national problem, not a state problem, as most of his fellow Virginians insisted. In this he differed from most southerners who argued that slave matters were state matters and that the nation could involve itself in the institution of slavery only by strictly adhering to the role assigned to it by the Constitution under the three fifths clause and the fugitive slave clause.
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
Faculty Publications
Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall’s letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall’s extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …