Seriatim: The Supreme Court Before John Marshall

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Scott Douglas Gerber
NYU Press, 1998 - Biography & Autobiography - 362 pages
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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.

 

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Most lawyers would be hard pressed to name a Supreme Court case decided before Marbury v. Madison. The least unknown is Chisholm v. Georgia (1793), which was almost immediately reversed by the ... Read full review

Contents

The Supreme Court before John Marshall
1
John Jays Republican Politics and Statesmanship on the Federal Bench
26
Distinction and Declension
70
Chapter 4 Deconstructing William Cushing
97
Democratic Theorist and Supreme Court Justice
126
A Safe and Conscientious Judge
155
Revolutionist Constitutionalist Jurist
198
Small States Nationalist
231
Chapter 9 The Verdict on Samuel Chase and His Apologist
260
I have sought the felicity and glory of your Administration
292
Bushrod Washington and Federal Justice in the Early Republic
322
Editors Note
351
Contributors
353
Index
355
About the Editor
362
Copyright

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About the author (1998)

Scott Douglas Gerber, Ph.D., J.D., is author of To Secure These Rights: The Declaration of Independence and Constitutional Interpretation and editor of Seriatim: The Supreme Court before John Marshall, both available from New York University Press. He teaches at Ohio Northern University College of Law.

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