The Fuller Court: Justices, Rulings, and LegacyA fresh interpretation of the workings and legacy of the Supreme Court during the tenure of Chief Justice Melville W. Fuller.
A revealing discussion of the Commerce Clause and the Interstate Commerce Commission shows how the Fuller Court both limited and accepted some expansion of federal authority. Profiles of the nineteen justices who served on the Fuller Court place a special emphasis on those who made the most significant impact, including John Marshall Harlan, Samuel F. Miller, and Oliver Wendell Holmes, Jr.
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An Aggregate Profile | 26 |
Fuller as Leader | 28 |
References | 31 |
The Justices | 33 |
Criminal Justice | 160 |
Foreign Affairs | 166 |
Constitutional Polity | 170 |
Private Litigation | 178 |
References | 187 |
Legacy and Impact | 189 |
Place in History | 191 |
The White Court and Beyond | 195 |
The Grant Appointment | 40 |
The Hayes Appointment | 43 |
The Garfield Appointment | 46 |
The Arthur Appointments | 49 |
The Cleveland Appointments | 55 |
The Harrison Appointments | 73 |
The McKinley Appointment | 85 |
The Roosevelt Appointments | 89 |
The Taft Appointment | 98 |
Significant Decisions | 103 |
Economic Rights | 105 |
Commerce among the States | 127 |
Civil Liberties and Racial Discrimination | 143 |
Lasting Significance | 198 |
References | 201 |
Reference Materials | 203 |
Key People Laws and Events | 205 |
Selected Documents | 231 |
Chronology | 273 |
Table of Cases | 285 |
Glossary | 291 |
Annotated Bibliography | 297 |
Index | 309 |
About the Author | 319 |
자주 나오는 단어 및 구문
American antitrust appointed authority Bill of Rights Blatchford Bradley chief justice Chinese circuit Civil Cleveland colleagues Commerce Clause commerce power common law Company congressional constitutional constitutionality corporate Court under Fuller criminal decision declared direct tax dissenting diversity jurisdiction doctrine Due Process Clause E. C. Knight E. C. Knight Co economic Eleventh Amendment employees enacted exercise federal courts Field Fourteenth Amendment Fuller Court George Shiras Grover Cleveland Henry Billings Brown Holmes income tax individual interstate commerce issues judicial jurisdiction jurisprudence Justice Brewer labor Lamar late nineteenth century legislation liberty of contract limited Lochner Lucius Q.C. Lamar majority McKenna McKinley ment opinion Party Peckham police power political Pollock President property owners property rights protect racial railroad rates regulation regulatory Republican rights of property Roosevelt rule safety Senate Sherman Act Sherman Anti-Trust Act Shiras statute Supreme Court sustained tion unanimous United upheld voted White York
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167 페이지 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
271 페이지 - But a constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire. It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.
89 페이지 - The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
61 페이지 - State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
238 페이지 - I shall not, whilst I have the honor to administer the government, bring a man into any office of consequence knowingly, whose political tenets are adverse to the measures, which the general government are pursuing ; for this, in my opinion, would be a sort of political suicide.
80 페이지 - Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.
114 페이지 - The boundary at which the conflicting interests balance cannot be determined by any general formula in advance, but points in the line, or helping to establish it, are fixed by decisions that this or that concrete case falls on the nearer or farther side.
106 페이지 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without doe process of law, and in violation of the Constitution of the United States...
271 페이지 - But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law.
도서 문헌정보
| 제목 | The Fuller Court: Justices, Rulings, and Legacy ABC-CLIO Supreme Court handbooks |
| 저자 | James W. Ely |
| 에디션 | 일러스트 |
| 발행인 | ABC-CLIO, 2003 |
| ISBN | 1576077144, 9781576077146 |
| 길이 | 318페이지 |
| 서지정보 내보내기 | BiBTeX EndNote RefMan |