Seriatim

by Gerber, Scott Douglas

• ISBN13: 9780814731147
• ISBN10: 0814731147
• Format: Hardcover
• Copyright: 1998-10-01
• Publisher: New York Univ Pr

Summary

Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all."Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.

Table of Contents

Preface	ix
Introduction: The Supreme Court before John Marshall	1	(25)
Scott Douglas Gerber
``Honour, Justice, and Interest'': John Jay's Republican Politics and Statesmanship on the Federal Bench	26	(44)
Sandra Frances VanBurkleo
John Rutledge: Distinction and Declension	70	(27)
James Haw
Deconstructing William Cushing	97	(29)
Scott Douglas Gerber
James Wilson: Democratic Theorist and Supreme Court Justice	126	(29)
Mark D. Hall
John Blair: ``A Safe and Conscientious Judge''	155	(43)
Wythe Holt
James Iredell: Revolutionist, Constitutionalist, Jurist	198	(33)
Willis P. Whichard
William Paterson: Small States' Nationalist	231	(29)
Daniel A. Degnan
The Verdict on Samuel Chase and His ``Apologist''	260	(32)
Stephen B. Presser
Oliver Ellsworth: ``I have sought the felicity and glory of your Administration''	292	(30)
William R. Casto
Heir Apparent: Bushrod Washington and Federal Justice in the Early Republic	322	(29)
James R. Stoner, Jr.
Editor's Note	351	(2)
Contributors	353	(2)
Index	355	(7)
About the Editor	362