Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Legal History

A Postscript For Charles Black: The Supreme Court And Race In The Progressive Era, Benno C. Schmidt Jr. Jan 1986

A Postscript For Charles Black: The Supreme Court And Race In The Progressive Era, Benno C. Schmidt Jr.

Faculty Scholarship Series

Charles Black's work in constitutional law is,1 like the "slow politics of
the text"2 of the great Document itself, a statement of fundamental truths
about our condition and aspirations that often takes a while to set in. As
Harry Wellington has noted, few people had the sense to see The People
and the Court3 when published in 1960 for what it should with deliberate
speed have become: the dominant influence on my generation of constitu?
tional lawyers' efforts to see the problem of judicial review beyond the
shadows of the New Deal and the debacle of FDR ...


The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson Jan 1978

The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson

Faculty Scholarship Series

Between John Marshall's appointment to the Supreme Court in
1801 and Andrew Jackson's inauguration as President in 1829, the
Marshall Court declared one congressional act unconstitutional and
invalidated state statutes in fourteen cases. Among these cases were
many of Marshall's major judicial opinions, including Marbury v.
Madison Fletcher v. Peck, McCulloch v. Maryland,s Trustees of
Dartmouth College v. Woodward, and Gibbons v. Ogden.
Marshall's constitutional cases have been of enduring significance
and have generated widespread scholarly debate. Perhaps the
single issue that has most divided scholars is whether the great Chief
Justice should be understood ...


Taney's Influence On Constitutional Law, Edwin Borchard Jan 1936

Taney's Influence On Constitutional Law, Edwin Borchard

Faculty Scholarship Series

The hundredth anniversary of the elevation of Roger Brooke Taney to the post of Chief Justice of the Supreme Court affords a fitting occasion to review the significance of his judicial services to the nation and to American constitutional law. A re-examination of his life work in the perspective of history indicates how unwise it often is to form rigid judgments on men and events in the excitement of contemporary emotion, for the harsh opinions which Taney evoked by his decisions on the slavery question have been tempered in the detached light reason. The historical cloud under which his name ...