The Supreme Court Under Marshall And Taney

by Newmyer, R. Kent

• ISBN13: 9780882952413
• ISBN10: 0882952412
• Edition: 2nd
• Format: Paperback
• Copyright: 2005-12-19
• Publisher: Wiley-Blackwell

Summary

Preparing the long-awaited second edition of his well-liked text, Kent Newmyer consulted the best and most relevant of the recent scholarship on the antebellum Court, prompting him to revise important points in the story of the Court's evolution. Nevertheless, the revised edition of the text retains the basic format and the conceptual premise of the original: the unique contributions of the Marshall and Taney courts taken together laid the foundation for the modern institution. Understanding the Supreme Court during its formative period provides useful insights into its continued (and hotly debated) involvement in shaping American society. Seminal cases that came before the Court, such as Marbury vs Madison and Dred Scott vs Sanford are examined in detail. Besides touting a thoroughly revised bibliographical essay, the second edition of The Supreme Court under Marshall and Taney includes an entirely new bank of illustrations and an index of important cases, making it perfect as supplementary reading for the US history survey as well as courses in US legal history and the history of the Early Republic.

Author Biography

R. Kent Newmyer is Distinguished Alumni Professor, Emeritus, at the University of Connecticut, and Professor of Law and History at the University of Connecticut School of Law, where he teaches courses in American constitutional and legal history

Table of Contents

Foreword	vii
Preface and Acknowledgments	xi
The Framework of Judicial Statesmanship	1	(17)
Limitations on Judicial Lawmaking	6	(4)
The Potential of Judicial Statesmanship	10	(6)
The Court and The Men and Women on It	16	(2)
John Marshall and the Consolidation of National Power	18	(37)
The Struggle for Judicial Power: Marbury v. Madison	22	(17)
Consolidating National Power	39	(13)
A Philosophy of National Power	52	(3)
Capitalism and the Marshall Court: Judicial Review in Action	55	(34)
The Marshall Court, State Power, and Agrarian Capitalism	59	(11)
The Court and the Rise of the American Business Corporation	70	(9)
Retreat under Fire	79	(10)
The Taney Court: Democracy Captures the Citadel	89	(29)
King Andrew's Court	92	(2)
Corporations and The Court: The New Look	94	(7)
The Taney Court and The Commerce Clause	101	(7)
Continuity Versus Change: The Haunting Presence of John Marshall	108	(5)
The Case for Judicial Statesmanship	113	(5)
The Court's Time of Troubles: Slavery, Sectionalism, and War	118	(28)
The Court and Slavery	122	(1)
The Fugitive Slave Question	123	(4)
Slavery in the Territories	127	(4)
Enter Dred Scott	131	(7)
Pitfalls of Judicial Discretion	138	(4)
The War Years: The Court Survives	142	(4)
The Legacy of the Supreme Court under Marshall and Taney	146	(7)
Bibliographical Essay	153	(17)
Glossary of Legal Terms	170	(2)
The Supreme Court, 1801--1864	172	(4)
Index of Cases	176	(3)
Index	179