Seriatim: The Supreme Court Before John Marshall

Seriatim: The Supreme Court Before John Marshall

by Scott Douglas Gerber
     
 

ISBN-10: 0814731430

ISBN-13: 9780814731437

Pub. Date: 10/01/2000

Publisher: New York University Press

Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all."

Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible—in fact necessary—to examine the pre-Marshall

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Overview

Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all."

Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible—in fact necessary—to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.

Product Details

ISBN-13:
9780814731437
Publisher:
New York University Press
Publication date:
10/01/2000
Edition description:
New Edition
Pages:
376
Product dimensions:
6.00(w) x 9.00(h) x 0.84(d)

Table of Contents

Preface
1Introduction: The Supreme Court before John Marshall1
2"Honour, Justice, and Interest": John Jay's Republican Politics and Statesmanship on the Federal Bench26
3John Rutledge: Distinction and Declension70
4Deconstructing William Cushing97
5James Wilson: Democratic Theorist and Supreme Court Justice126
6John Blair: "A Safe and Conscientious Judge"155
7James Iredell: Revolutionist, Constitutionalist, Jurist198
8William Paterson: Small States' Nationalist231
9The Verdict on Samuel Chase and His "Apologist"260
10Oliver Ellsworth: "I have sought the felicity and glory of your Administration"292
11Heir Apparent: Bushrod Washington and Federal Justice in the Early Republic322
Editor's Note351
Contributors353
Index355
About the Editor362

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