The Fuller Court: Justices, Rulings, and Legacy

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ABC-CLIO, 2003 - 318페이지

A fresh interpretation of the workings and legacy of the Supreme Court during the tenure of Chief Justice Melville W. Fuller.


The Fuller Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the twenty-two year reign of Chief Justice Melville W. Fuller. An exploration of key Court decisions--ranging from railroad rate regulation and the Due Process Clause to the 1894 income tax--reveals how the Court assigned a high priority to individual liberty, which it defined largely in economic terms.

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.


  • Places the work of the Fuller Court in historical context and examines the economic and social changes that were transforming U.S. society at the end of the 19th century
  • Provides an analysis of the historical impact and continuing legacy of the Fuller Court's decisions in the areas of federalism, protection of liberty, and the rights of property owners

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The Fuller Court and the Period
3
GildedAge America
4
Voices of Discontent
8
Assembling the Fuller Court
10
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
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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.

저자 정보 (2003)

James W. Ely, Jr. is Milton R. Underwood Professor of Law and professor of history at Vanderbilt University, Nashville, TN.

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