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The Role of Circuit Courts in the Formation of United States Law in the Early Republic - Following Supreme Court Justices Washington, Livingston, Story and Thompson (Hardcover)
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The Role of Circuit Courts in the Formation of United States Law in the Early Republic - Following Supreme Court Justices Washington, Livingston, Story and Thompson (Hardcover)
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While scholars have rightly focused on the importance of the
landmark opinions of the United States Supreme Court and its Chief
Justice, John Marshall, in the rise in influence of the Court in
the Early Republic, the crucial role of the circuit courts in the
development of a uniform system of federal law across the nation
has largely been ignored. This book highlights the contribution of
four Associate Justices (Washington, Livingston, Story and
Thompson) as presiding judges of their respective circuit courts
during the Marshall era, in order to establish that in those early
years federal law grew from the 'inferior courts' upwards rather
than down from the Supreme Court. It does so after a reading of
over 1800 mainly circuit opinions and over 2000 original letters,
which reveal the sources of law upon which the justices drew and
their efforts through correspondence to achieve consistency across
the circuits. The documents examined present insights into
momentous social, political and economic issues facing the Union
and demonstrate how these justices dealt with them on circuit.
Particular attention is paid to the different ways in which each
justice contributed to the shaping of United States law on circuit
and on the Court and in the case of Justices Livingston and
Thompson also during their time on the New York State Supreme
Court.
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