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The Supreme Court under Morrison R. Waite, 1874-1888 (Hardcover)
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The Supreme Court under Morrison R. Waite, 1874-1888 (Hardcover)
Series: Chief Justices of United States Supreme Court
Expected to ship within 12 - 17 working days
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In The Supreme Court under Morrison R. Waite, 1874-1888, Paul Kens
provides a history of the Court during a time that began in the
shadow of the Civil War and ended with America on the verge of
establishing itself as an industrial world power. Morrison R. Waite
(1816-1888) led the Court through a period that experienced great
racial violence and sectional strife. At the same time, a
commercial revolution produced powerful new corporate businesses
and, in turn, dissatisfaction among agrarian and labor interests.
The nation was also consolidating the territory west of the
Mississippi River, an expansion often marred with bloodshed and
turmoil. It was an era that strained America's thinking about the
purpose, nature, and structure of government and ultimately about
the meaning of the constitution. Challenging the conventional
portrayal of the Waite Court as being merely transitional, Kens
observes that the majority of these justices viewed themselves as
guardians of tradition. Even while facing legal disputes that grew
from the drastic changes in post-Civil War America's social,
political, and economic order, the Waite Court tended to look
backward for its cues. Its rulings on issues of liberty and
equality, federalism and the powers of government, and popular
sovereignty and the rights of the community were driven by
constitutional traditions established prior to the Civil War. This
is an important distinction because the conventional portrayal of
this Court as transitional leaves the impression that later changes
in legal doctrine were virtually inevitable, especially with
respect to the subjects of civil rights and economic regulation. By
demonstrating that there was nothing inevitable about the way
constitutional doctrine has evolved, Kens provides an original and
insightful interpretation that enhances our understanding of
American constitutional traditions as well as the development of
constitutional doctrine in the late nineteenth century.
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