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Collected here are correspondence, papers, and legal documents -
including selected judicial opinions - of American jurist John
Marshall. Revolutionary officer, congressman, and secretary of
state before his appointment to the Supreme Court, Marshall served
as the Court's fourth Chief Justice. In this capacity, he helped
define the role of the Court and elevate its status, as he
interpreted the Constitution from the bench. The documents
presented in these volumes - with introductory material and notes -
shed light not only on Marshall's life and thought but on the
evolution of American jurisprudence as well.
Collected here are correspondence, papers, and legal documents -
including selected judicial opinions - of American jurist John
Marshall. Revolutionary officer, congressman, and secretary of
state before his appointment to the Supreme Court, Marshall served
as the Court's fourth Chief Justice. In this capacity, he helped
define the role of the Court and elevate its status, as he
interpreted the Constitution from the bench. The documents
presented in these volumes - with introductory material and notes -
shed light not only on Marshall's life and thought but on the
evolution of American jurisprudence as well.
The engrossing background story of John Jay, the active lawyer in
colonial times, who became the first Chief Justice of the United
States.
At the start of the twentieth century the United States led the
world in advances in aviation, with the first successful
engine-powered flights at Kitty Hawk, North Carolina, and Dayton,
Ohio, beginning in 1903. Fifteen years later, however, American
airmen flew European-designed aircraft because American planes were
woefully inadequate for service on the Western Front. Why was the
United States so poorly prepared to engage in aerial combat in
World War I? To answer this question, Herbert Johnson takes a hard
look at the early years of U.S. military aviation, exploring the
cultural, technical, political, and organizational factors that
stunted its evolution. Among the recurring themes of Johnson's
narrative are the damaging effects of a chronic lack of
governmental funding for military aeronautics and the disruptive
influence of a civilian ""aeronaut constituency"" both on military
discipline and on public and Congressional attitudes toward army
aviation. In addition, the Wright brothers' patent litigation
hindered the technical development of American aircraft and
crippled the domestic aviation industry's manufacturing capacity.
Wartime experience helped correct some of these problems, but the
persistence of others left the postwar Air Service with an
uncertain and stormy future.
Foundations of Power: John Marshall, 1801-1815 is the second volume
of the Oliver Wendell Holmes Devise History of the Supreme Court of
the United States. The volume covers the beginnings of the Supreme
Court under Chief Justice John Marshall and surveys the first
fourteen years of John Marshall's tenure. The authors describe the
judicial business transacted by the chief justice and the ten
Associate Justices with whom he served during those years. They
argue that John Marshall's great accomplishment as Chief Justice
was to establish the rule of law as the basis of the Supreme
Court's jurisprudence. The book chronicles how, by becoming 'a
bulwark of an identifiable rule of law as distinct from the
accommodations of politics', the relatively feeble institution of
the 1790s moved toward the authoritative Marshall Court of 1819.
A comprehensive survey of civil law and practice in colonial New
York.
What began as a standoff between competing steamship entrepreneurs
ended as one of the Supreme Court's most significant cases. Gibbons
v. Ogden in 1824 brought into sharp relief the ongoing tug-of-war
for power between individual states and the federal government. By
applying the Commerce Clause of the Constitution, the Court set a
key precedent for federal authority. But, behind the scenes, the
""Steamboat Case"" also demonstrated Chief Justice John Marshall's
instrumental role as mediator on the bench. Untangling the issues
and the arguments in Gibbons, Herbert Johnson reveals the lasting
impact of this landmark case on both commerce in the Early Republic
and the understanding and growth of federal power during the last
200 years. Johnson brings the case's protagonists--including
Marshall and Daniel Webster--vividly to life and deftly illuminates
its key aspects: the ambiguity of the Court's judgment; Justice
William Johnson's nationalist-oriented concurring opinion;
Marshall's avoidance of such key issues as the role of the dormant
commerce clause and the relationship of foreign trade, interstate
commerce, and diplomatic relations; and Marshall's failure to
address patents and state monopolies. Perhaps most significant, the
author challenges the traditional view that Gibbons established
that the Constitution bestowed upon Congress an exclusive power to
regulate interstate commerce. Drawing on recent research into the
early Court, Johnson shows how Gibbons provides a salient example
of Marshall's ability to gain agreement despite severe differences
among his colleagues. No longer surrounded by fellow Federalists on
the bench, Marshall mustered all of his managerial skills to
achieve consensus, and his opinion for the Court reflected the
concessions and agreements that he engineered to achieve near
unanimity in a decision that favored federal power without
establishing a definitive endorsement of it. Johnson shows that the
outcome of this case was a key moment in the economic history of
the nation, heralding the expansion of entrepreneurship and
technology while justifying federal primacy in the regulation of
commerce. Concise and ideally suited for the classroom, his study
not only provides new insight into this landmark case but also
attests to its significance in the working of the early Court. This
book is part of the Landmark Law Cases and American Society series.
What began as a standoff between competing steamship entrepreneurs
ended as one of the Supreme Court's most significant cases. Gibbons
v. Ogden in 1824 brought into sharp relief the ongoing tug-of-war
for power between individual states and the federal government. By
applying the Commerce Clause of the Constitution, the Court set a
key precedent for federal authority. But, behind the scenes, the
""Steamboat Case"" also demonstrated Chief Justice John Marshall's
instrumental role as mediator on the bench. Untangling the issues
and the arguments in Gibbons, Herbert Johnson reveals the lasting
impact of this landmark case on both commerce in the Early Republic
and the understanding and growth of federal power during the last
200 years. Johnson brings the case's protagonists--including
Marshall and Daniel Webster--vividly to life and deftly illuminates
its key aspects: the ambiguity of the Court's judgment; Justice
William Johnson's nationalist-oriented concurring opinion;
Marshall's avoidance of such key issues as the role of the dormant
commerce clause and the relationship of foreign trade, interstate
commerce, and diplomatic relations; and Marshall's failure to
address patents and state monopolies. Perhaps most significant, the
author challenges the traditional view that Gibbons established
that the Constitution bestowed upon Congress an exclusive power to
regulate interstate commerce. Drawing on recent research into the
early Court, Johnson shows how Gibbons provides a salient example
of Marshall's ability to gain agreement despite severe differences
among his colleagues. No longer surrounded by fellow Federalists on
the bench, Marshall mustered all of his managerial skills to
achieve consensus, and his opinion for the Court reflected the
concessions and agreements that he engineered to achieve near
unanimity in a decision that favored federal power without
establishing a definitive endorsement of it. Johnson shows that the
outcome of this case was a key moment in the economic history of
the nation, heralding the expansion of entrepreneurship and
technology while justifying federal primacy in the regulation of
commerce. Concise and ideally suited for the classroom, his study
not only provides new insight into this landmark case but also
attests to its significance in the working of the early Court. This
book is part of the Landmark Law Cases and American Society series.
A sweeping assessment of the most influential Chief Justice in
American history Perhaps no one has exerted a more profound
influence on the United States Supreme Court or on the Federal
Constitution than Chief Justice John Marshall. In this history of
the high court during the critical years from 1801 to 1835, Herbert
A. Johnson offers a comprehensive portrait of the court's
activities and accomplishments under Marshall's leadership. Johnson
demonstrates that in addition to staving off political attacks from
the Jeffersonian and Jacksonian political parties, the Marshall
Court established the supremacy of the federal government in areas
of national concern, enunciated the commerce and contract clauses
as critical foundations for economic development, and definitively
shaped the structure of federalism before the Civil War.
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