The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.

This compelling study of the American public's response to the fate of accused murderer Hattie Woolsteen uses this legal case to examine the complexities of gender history and societal fears about the changing roles of women during the Victorian era. In October of 1887, a young woman named Hattie Woolsteen was accused of murdering her married lover, Los Angeles dentist Charles Harlan. The subsequent trial captivated the public as few incidents had done before. The idea of a female murderer was particularly disturbing in 19th-century America, and the public quickly labeled her a fiend and a "she-devil." But despite the overwhelming evidence against the accused, Hattie Woolsteen was not only acquitted of the charge, but emerged as the victim in this sordid drama. As the public grappled with the details of Hattie's alleged crime, she became a symbol of female victimization and gender inequality-as well as an unlikely champion of women's rights. This book provides the fascinating and lurid details of the Hattie Woolsteen murder case within the context of 19th-century American social history, allowing readers to view this event in historical perspective. Its chapters examine the various factors that influenced public opinion about the case and its outcome, including Victorian attitudes about gender roles and women's place in American society as well as sexuality and crime, common concerns about the societal consequences of rapid urbanization, the power of the Victorian-era press in shaping public opinion, and the subjective nature of the criminal justice system in that time period. Provides a solid introduction to women's/gender history that explains the nuances of shifting attitudes regarding gender roles and women's place in American society at the end of the 19th century Enables an understanding of 19th-century anxieties about rapid urbanization and the attendant perceived breakdown of community as well as how law enforcement of the period-then in its infancy-was subject to political influence and societal expectations Underscores the role of the press in shaping public attitudes about community values and ideals, documenting how the news during the Victorian era was big business and objectivity was not a priority-not unlike today's media