Herbert Alan Johnson - The chief justiceship of John Marshall, 1801-1835
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The Chief Justiceship of John Marshall, 1801-1835 Chief Justiceships of the United States Supreme Court
author
:
Johnson, Herbert Alan.
publisher
:
University of South Carolina Press
isbn10 | asin
:
1570031215
print isbn13
:
9781570031212
ebook isbn13
:
9780585339214
language
:
English
subject
Marshall, John,--1755-1835, Judges--United States--Biography, United States.--Supreme Court--Biography.
publication date
:
1997
lcc
:
KF8745.M3J63 1997eb
ddc
:
347.73/2634
subject
:
Marshall, John,--1755-1835, Judges--United States--Biography, United States.--Supreme Court--Biography.
Page i
The Chief Justiceship of John Marshall, 18011835
Page ii
CHIEF JUSTICESHIPS OF THE UNITED STATES SUPREME COURT
Herbert A. Johnson, General Editor
The Chief Justiceship of Melville W. Fuller, 18881910 James W. Ely, Jr.
The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth William R. Casto
The Chief Justiceship of John Marshall, 18011835 Herbert A. Johnson
Division and Discord: The Supreme Court under Stone and Vinson, 19411953 Melvin I. Urofsky
Page iii
The Chief Justiceship of John Marshall, 18011835
Herbert A. Johnson
Page iv
Copyright 1997 Herbert A. Johnson
Published in Columbia, South Carolina, by the University of South Carolina Press
Manufactured in the United States of America
01 00 99 98 97 5 4 3 2 1
Library of Congress Cataloging-in-Publication Data
Johnson, Herbert Alan. The chief justiceship of John Marshall, 18011835 / Herbert A. Johnson. p. cm.(Chief justiceships of the United States Supreme Court) Includes bibliographical references and index. ISBN 1570031215 1. Marshall, John, 17551835. 2. JudgesUnited States Biography. 3. United States. Supreme CourtBiography. 1. Title. II. Series. KF8742.M3J63 1997 347.73'2634dc20 [B34.3073534] [B] 96-25201
Page v
To The Honorable William J. Brennan, Jr., Associate Justice of the United States Supreme Court, Retired, with appreciation and thanks for his unfailing support and encouragement to me in my study of United States Supreme Court history
Page vii
Contents
Preface
ix
Acknowledgments
xi
Introduction
1
I The Chief Justice and His Associates
9
II Politics and Constitution in the Marshall Era
53
III Marshall at the Matrix of Court Leadership
85
IV The Circuit Courts and the Projection of Federal Power
112
V Federal Supremacy and Judicial Power
138
VI The American Common Market and Property Rights
162
VII Fine-Tuning the Federal Common Market: Private Law in the Supreme Court
190
VIII The United States in the Family of Nations
224
IX The End of an Era
256
Appendix A: Points of Law Decided in the United States Supreme Court and the United States Circuit Courts, 18011835
265
Appendix B: Points of Law Decided by Supreme Court Justices in the United States Circuit Courts, 18011835
278
Bibliography
293
Table of Cases
305
Index
311
Page ix
Preface
Each volume in this Chief Justiceships series is intended to provide a survey of the work of the Supreme Court of the United States during the presidency of one or more of its chief justices. The aim is to give a general reader information concerning the chief justice and his colleagues, explaining how together they shaped constitutional, international, and private law. Clearly there must be a biographical component to each volume, and each must deal with institutional changes in the way the Court conducted its business. Since the Court does not operate in isolation from other institutions in society, nor is it immune from political or cultural influences, some attention must be given to the general history of the period being considered.
Although all significant constitutional decisions must be included, balance requires that there be adequate attention to international and private law cases. The Constitution establishes the Supreme Court as the highest international law court in the United States, and its supremacy clause provides that federal treaties shall be the supreme law of the land. Traditionally the Court has deferred to the political initiatives of the president and the Congress in the area of foreign affairs, but a number of judicial situations arise where the outcome may well depend upon subordinating the private rights to the paramount needs of the nation.
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