Melvin I. Urofsky - Supreme Decisions, Volume 2: Great Constitutional Cases and Their Impact, Volume Two: Since 1896

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Supreme Decisions

Great Constitutional Cases and Their Impact

Volume 1: To 1896

Volume 2: Since 1896

Melvin I. Urofsky

Virginia Commonwealth University

Volume 1:

For my children
Philip and Melissa, Robert and Leslie
And for their children

Volume 2:

For my grandchildren
Emma, Chloe, and Aaron
And for their parents

Combined Volume:

For my children, my grandchildren,
and as they requested,
for all the pooches as well

First published 2012 by Westview Press

Published 2018 by Routledge

711 Third Avenue, New York, NY 10017, USA

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2012 Taylor & Francis

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Every effort has been made to secure required permissions for all text, images, maps, and other art reprinted in this volume.

A CIP catalog record of this book is available from the Library of Congress.

Supreme decisions: great constitutional cases and their impact (volume 1, volume 2, combined volume), Melvin I. Urofsky

Paperback ISBNs: Volume 1: To 1896: 978-0-8133-4731-8 (LCCN: 2012931875); Volume 2: Since 1896: 978-0-8133-4733-2 (LCCN: 2012931876); Combined Volume: 978-0-8133-4735-6 (LCCN: 2012931877) (alk. paper)

E-book ISBNs: Volume 1: To 1896: 978-0-8133-47325; Volume 2: Since 1896: 978-0-8133-4734-9; Combined Volume: 978-0-8133-4736-3

ISBN 13: 978-0-8133-4733-2 (pbk)

Contents

Volume 1: To 1896

Chapter one

The Case of the Disappointed Office-Seeker: Marbury v. Madison (1803)

The Judiciary Act of 1801 and the Midnight Judges

William Marbury

The First StepRepeal of the 1801 Judiciary Act

Marbury v. Madison

The Politics and Logic of Marshalls Opinion

The Republicans Continue Their Attack

The Impeachment of Justice Chase

Defining Treason

Aftermath

Cases Cited

For Further Reading

Chapter two

The Case of the Larcenous Cashier: MCulloch v. Maryland (1819)

Interpreting the Constitution: Jefferson versus Hamilton

James McCullohCashier Extraordinaire

Arguments before the Court

Decision

The States Rights Attack

John Marshalls Defense

Citizen McCulloh

Cases Cited

For Further Reading

Chapter three

The Case of the Rival Steamboat Operators: Gibbons v. Ogden (1824)

Mr. Fultons Steamboat

The Steamboat Monopoly

Enter Gibbons and Ogden

Creating a Question for the Federal Courts

Arguing before the Supreme Court

The Decision

The Legacy of the Case

Cases Cited

For Further Reading

Chapter four

The Case of the Missionary to the Cherokee: Worcester v. Georgia (1832)

Setting the Stage

Taking Indian Land

Challenging Georgia Law in the Supreme Court

Samuel Worcester Goes to Georgia

The Georgia Law before the Supreme Court

The Failure of Law and a Political Compromise

Cherokee Removal

Aftermath

Cases Cited

For Further Reading

Chapter five

The Case of the Zealous Slave Catcher: Prigg v. Pennsylvania (1842)

The Fugitive Slave Act of 1793

Personal Liberty Laws

Edward Prigg and Margaret Morgan

The Supreme Court Rules

After Prigg: George Latimer

The Fugitive Slave Act of 1850

Cases Cited

For Further Reading

Chapter six

The Case of the Slave Who Would Be Free: Dred Scott v. Sandford (1857)

Dred Scott and His Travels

The Case in the Missouri State Courts

The Growing Storm over Slavery

The Compromise of 1850

Dred Scott in the Missouri Supreme Court

A Diversity Caseor Not

Before the Supreme Court

The Self-Inflicted Wound

Aftermath

Cases Cited

For Further Reading

Chapter seven

The Case of the Antiwar Agitator: Ex parte Milligan (1866)

The Making of a Copperhead

Opposing the War

Military Trial

Ex parte Merryman

Ex parte Vallandigham

Arguing the Case

The Courts Decision

Milligan in History

Milligan after the Case

Cases Cited

For Further Reading

Chapter eight

The Case of the New Orleans Butchers: The Slaughterhouse Cases (1873)

A Simple Health Regulation in an Unhealthy City

The Butchers Fight Back

Defining Rights

In the Louisiana Courts

Justice Joseph Bradley, on Circuit

Before the U.S. Supreme Court

A Closely Divided Court Decides

Aftermath

Cases Cited

For Further Reading

Chapter nine

The Case of the Woman Who Wanted to Be a Lawyer: Bradwell v. Illinois (1873)

Myra Bradwell

The Chicago Legal News

The Nascent Womens Movement

A History of Legal Discrimination

Small Doors in the Wall

A Person of Good Characterbut Not Eligible

On Appeal to the Supreme Court

The Decision

Moving On, and Triumphing

Cases Cited

For Further Reading

Chapter ten

The Case of the Devout Bigamist: Reynolds v.United States (1879)

Mormon Beliefs

The Growing Opposition to the Faith

George Reynolds

The Test Case

The Supreme Court Decides: Belief versus Practice

Reaction to the Decision

The Persecution and Prosecution of the Mormons

The End of Plural Marriage

Continuing Questions

George Reynoldss Last Years

Cases Cited

For Further Reading

Chapter eleven

The Case of the Reluctant Strike Leader:In re Debs (1895)

George M. Pullman and the Palace Car

Pullman, Illinois

Eugene Victor Debs

The American Railway Union

The Pullman Workers Strike

The Boycott

Violence

Judge Grosscup Issues an Injunction

The Trial of Eugene V. Debs

The High Court Rules

Aftermath

Cases Cited

For Further Reading

Chapter twelve

The Case of the Almost-White Traveler: Plessy v. Ferguson (1896)

The Freedmen after the Civil War

The Beginnings of Jim Crow

Challenging the Separate Car Act

Enter Homer Adolphe Plessy

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