What Kind of Nation

Author: James F. Simon
Publisher: Simon and Schuster
ISBN: 9781439127636
Release Date: 2012-02-21
Genre: History

What Kind of Nation is a riveting account of the bitter and protracted struggle between two titans of the early republic over the power of the presidency and the independence of the judiciary. The clash between fellow Virginians (and second cousins) Thomas Jefferson and John Marshall remains the most decisive confrontation between a president and a chief justice in American history. Fought in private as well as in full public view, their struggle defined basic constitutional relationships in the early days of the republic and resonates still in debates over the role of the federal government vis-à-vis the states and the authority of the Supreme Court to interpret laws. Jefferson was a strong advocate of states' rights who distrusted the power of the federal government. He believed that the Constitution defined federal authority narrowly and left most governmental powers to the states. He was suspicious of the Federalist-dominated Supreme Court, whose members he viewed as partisan promoters of their political views at the expense of Jefferson's Republicans. When he became president, Jefferson attempted to correct the Court's bias by appointing Republicans to the Court. He also supported an unsuccessful impeachment of Federalist Supreme Court Justice Samuel Chase. Marshall believed in a strong federal government and was convinced that an independent judiciary offered the best protection for the Constitution and the nation. After he was appointed by Federalist President John Adams to be chief justice in 1801 (only a few weeks before Jefferson succeeded Adams), he issued one far-reaching opinion after another. Beginning with the landmark decision Marbury v. Madison in 1803, and through many cases involving states' rights, impeachment, treason, and executive privilege, Marshall established the Court as the final arbiter of the Constitution and the authoritative voice for the constitutional supremacy of the federal government over the states. As Marshall's views prevailed, Jefferson became increasingly bitter, certain that the Court was suffocating the popular will. But Marshall's carefully reasoned rulings endowed the Court with constitutional authority even as they expanded the power of the federal government, paving the way for later Court decisions sanctioning many pivotal laws of the modern era, such as those of the New Deal, the Great Society, and the Civil Rights Act of 1964. In a fascinating description of the treason trial of Jefferson's former vice president, Aaron Burr, James F. Simon shows how Marshall rebuffed President Jefferson's claim of executive privilege. That decision served as precedent for a modern Supreme Court ruling rejecting President Nixon's claim that he did not have to hand over the Watergate tapes. More than 150 years after Jefferson's and Marshall's deaths, their words and achievements still reverberate in constitutional debate and political battle. What Kind of Nation is a dramatic rendering of a bitter struggle between two shrewd politicians and powerful statesmen that helped create a United States.

The Grouchy Historian

Author: Ed Asner
Publisher: Simon and Schuster
ISBN: 9781501166037
Release Date: 2017-10-10
Genre: Political Science

In the tradition of Michael Moore, Ed Asner—a.k.a. Lou Grant from The Mary Tyler Moore Show—reclaims the Constitution from the right-wingers who think that they and only they know how to interpret it. Ed Asner, a self-proclaimed dauntless Democrat from the old days, figured that if the right-wing wackos are wrong about voter fraud, Obama’s death panels, and climate change, they are probably just as wrong about what the Constitution says. There’s no way that two hundred-plus years later, the right-wing ideologues know how to interpret the Constitution. On their way home from Philadelphia the people who wrote it couldn’t agree on what it meant. What was the president’s job? Who knew? All they knew was that the president was going to be George Washington and as long as he was in charge, that was good enough. When Hamilton wanted to start a national bank, Madison told him that it was unconstitutional. Both men had been in the room when the Constitution was written. And now today there are politicians and judges who claim that they know the original meaning of the Constitution. Are you kidding? In The Grouchy Historian, Ed Asner leads the charge for liberals to reclaim the Constitution from the right-wingers who use it as their justification for doing whatever terrible thing they want to do, which is usually to comfort the comfortable and afflict the afflicted. It’s about time someone gave them hell and explained that progressives can read, too.

FDR and Chief Justice Hughes

Author: James F. Simon
Publisher: Simon and Schuster
ISBN: 9781416573289
Release Date: 2012-02-07
Genre: History

Documents the political clashes between the 32nd President and the Supreme Court under Chief Justice Hughes regarding the New Deal, providing coverage of the President's proposed legislative remedies, the constitutional challenges posed by a conservative bloc on the Court and FDR's efforts to undermine the abilities of opposing justices. 40,000 first printing.

The Supreme Court and the American Elite 1789 2008

Author: L. A. Scot Powe
Publisher: Harvard University Press
ISBN: 9780674032675
Release Date: 2009
Genre: History

In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

Without Precedent

Author: Joel Richard Paul
Publisher: Penguin
ISBN: 9781594488238
Release Date: 2018
Genre: LAW

The remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Lincoln and Chief Justice Taney

Author: James F. Simon
Publisher: Simon and Schuster
ISBN: 9780743250337
Release Date: 2007-11-20
Genre: History

Traces the clashes between the sixteenth president and his Chief Justice, profiling their disparate views about African-American rights, the South's legal ability to secede, and presidential constitutional powers during wartime.

Eisenhower vs Warren The Battle for Civil Rights and Liberties

Author: James F. Simon
Publisher: Liveright Publishing
ISBN: 9780871407665
Release Date: 2018-04-10
Genre: History

The epic 1950s battle that would shape the legal future of the civil rights movement is chronicled here for the first time. The bitter feud between President Dwight D. Eisenhower and Chief Justice Earl Warren framed the tumultuous future of the modern civil rights movement. Eisenhower was a gradualist who wanted to coax white Americans in the South into eventually accepting integration, while Warren, author of the Supreme Court’s historic unanimous opinion in Brown v. Board of Education, demanded immediate action to dismantle the segregation of the public school system. In Eisenhower vs. Warren, two-time New York Times Notable Book author James F. Simon examines the years of strife between them that led Eisenhower to say that his biggest mistake as president was appointing that “dumb son of a bitch Earl Warren.” This momentous, poisonous relationship is presented here at last in one volume. Compellingly written, Eisenhower vs. Warren brings to vivid life the clash that continues to reverberate in political and constitutional debates today.

The Majesty of the Law

Author: Sandra Day O'Connor
Publisher: Random House
ISBN: 9780307432414
Release Date: 2007-12-18
Genre: Law

In this remarkable book, a national bestseller in hardcover, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions. Straight-talking, clear-eyed, inspiring, The Majesty of the Law is more than a reflection on O’Connor’s own experiences as the first female Justice of the Supreme Court; it also reveals some of the things she has learned and believes about American law and life—reflections gleaned over her years as one of the most powerful and inspiring women in American history. From the Trade Paperback edition.

Property

Author: Jesse Dukeminier
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454896500
Release Date: 2017-11-22
Genre: Law

Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Ninth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a rich visual design, compelling cases, and timely coverage of contemporary issues. In the Ninth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. Key Benefits: A new chapter on the Intellectual Property/Property relationship, that gives students a taste of patent law, copyright law, trademark law, and trade secrets law. The chapter highlights the differences and similarities among the legal treatment of real, chattel, and intellectual property. A dynamic, two-color designed casebook that encompasses cases, text, questions, problems, examples and numerous photographs and diagrams. Extended coverage of major recent Supreme Court decisions, including Murr v. Wisconsin, Horne v. Department of Agriculture, and Marvin M. Brandt Revocable Trust v. United States.

The Price of Greatness

Author: Jay Cost
Publisher: Basic Books
ISBN: 9781541697485
Release Date: 2018-06-05
Genre: History

An incisive account of the tumultuous relationship between Alexander Hamilton and James Madison and of the origins of our wealthy yet highly unequal nation In the history of American politics there are few stories as enigmatic as that of Alexander Hamilton and James Madison's bitterly personal falling out. Together they helped bring the Constitution into being, yet soon after the new republic was born they broke over the meaning of its founding document. Hamilton emphasized economic growth, Madison the importance of republican principles. Jay Cost is the first to argue that both men were right--and that their quarrel reveals a fundamental paradox at the heart of the American experiment. He shows that each man in his own way came to accept corruption as a necessary cost of growth. The Price of Greatness reveals the trade-off that made the United States the richest nation in human history, and that continues to fracture our politics to this day.

Establishing Religious Freedom

Author: Thomas E. Buckley
Publisher: University of Virginia Press
ISBN: 9780813935041
Release Date: 2014-01-13
Genre: History

The significance of the Virginia Statute for Establishing Religious Freedom goes far beyond the borders of the Old Dominion. Its influence ultimately extended to the Supreme Court’s interpretation of the separation of church and state. In his latest book, Thomas Buckley tells the story of the statute, beginning with its background in the struggles of the colonial dissenters against an oppressive Church of England. When the Revolution forced the issue of religious liberty, Thomas Jefferson drafted his statute and James Madison guided its passage through the state legislature. Displacing an established church by instituting religious freedom, the Virginia statute provided the most substantial guarantees of religious liberty of any state in the new nation. The statute's implementation, however, proved to be problematic. Faced with a mandate for strict separation of church and state--and in an atmosphere of sweeping evangelical Christianity--Virginians clashed over numerous issues, including the legal ownership of church property, the incorporation of churches and religious groups, Sabbath observance, protection for religious groups, Bible reading in school, and divorce laws. Such debates pitted churches against one another and engaged Virginia’s legal system for a century and a half. Fascinating history in itself, the effort to implement Jefferson’s statute has even broader significance in its anticipation of the conflict that would occupy the whole country after the Supreme Court nationalized the religion clause of the First Amendment in the 1940s.

Coyote Nation

Author: Pablo Mitchell
Publisher: University of Chicago Press
ISBN: 0226532526
Release Date: 2008-08-04
Genre: History

With the arrival of the transcontinental railroad in the 1880s came the emergence of a modern and profoundly multicultural New Mexico. Native Americans, working-class Mexicans, elite Hispanos, and black and white newcomers all commingled and interacted in the territory in ways that had not been previously possible. But what did it mean to be white in this multiethnic milieu? And how did ideas of sexuality and racial supremacy shape ideas of citizenry and determine who would govern the region? Coyote Nation considers these questions as it explores how New Mexicans evaluated and categorized racial identities through bodily practices. Where ethnic groups were numerous and—in the wake of miscegenation—often difficult to discern, the ways one dressed, bathed, spoke, gestured, or even stood were largely instrumental in conveying one's race. Even such practices as cutting one's hair, shopping, drinking alcohol, or embalming a deceased loved one could inextricably link a person to a very specific racial identity. A fascinating history of an extraordinarily plural and polyglot region, Coyote Nation will be of value to historians of race and ethnicity in American culture.

Balance of Forces

Author: Harold H. Bruff
Publisher:
ISBN: UOM:39015063196292
Release Date: 2006
Genre: Law

Balance of Forces addresses the question: How can an eighteenth-century Constitution effectively control a twenty-first century government? Bruff explores and critiques the law that governs the relationships among the three constitutional branches, and between them and the massive administrative bureaucracy that has arisen. He examines the delicate tradeoffs between autonomy and accountability that govern each branch. Bruff also canvasses the ways that the elected branches oversee the bureaucracy, as they compete to control the administrative state.

A Magnificent Catastrophe

Author: Edward J. Larson
Publisher: Simon and Schuster
ISBN: 9781416568407
Release Date: 2007-09-18
Genre: History

CHOICE Outstanding Academic Title "They could write like angels and scheme like demons." So begins Pulitzer Prize-winner Edward Larson's masterful account of the wild ride that was the 1800 presidential election—an election so convulsive and so momentous to the future of American democracy that Thomas Jefferson would later dub it "America's second revolution." This was America's first true presidential campaign, giving birth to our two-party system and indelibly etching the lines of partisanship that have so profoundly shaped American politics ever since. The contest featured two of our most beloved Founding Fathers, once warm friends, facing off as the heads of their two still-forming parties—the hot-tempered but sharp-minded John Adams, and the eloquent yet enigmatic Thomas Jefferson—flanked by the brilliant tacticians Alexander Hamilton and Aaron Burr, who later settled their own differences in a duel. The country was descending into turmoil, reeling from the terrors of the French Revolution, and on the brink of war with France. Blistering accusations flew as our young nation was torn apart along party lines: Adams and his elitist Federalists would squelch liberty and impose a British-style monarchy; Jefferson and his radically democratizing Republicans would throw the country into chaos and debase the role of religion in American life. The stakes could not have been higher. As the competition heated up, other founders joined the fray—James Madison, John Jay, James Monroe, Gouverneur Morris, George Clinton, John Marshall, Horatio Gates, and even George Washington—some of them emerging from retirement to respond to the political crisis gripping the nation and threatening its future. Drawing on unprecedented, meticulous research of the day-to-day unfolding drama, from diaries and letters of the principal players as well as accounts in the fast-evolving partisan press, Larson vividly re-creates the mounting tension as one state after another voted and the press had the lead passing back and forth. The outcome remained shrouded in doubt long after the voting ended, and as Inauguration Day approached, Congress met in closed session to resolve the crisis. In its first great electoral challenge, our fragile experiment in constitutional democracy hung in the balance. A Magnificent Catastrophe is history writing at its evocative best: the riveting story of the last great contest of the founding period.