The Constitutional Convention
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Two Advisory Opinions by Chiefjustice Oliver Ellsworth
Two Advisory Opinions by ChiefJustice Oliver Ellsworth William R. Casto ODA.Y ADVISORY OPINIONS are between the President and the House of anathema to the federal judiciary, but Representatives. Representative Edward T the early justices ofthe Supreme Court Livingston of New York had introduced a were not so loath to provide extrajudicialadvice resolution that would have reqnired President ro the Executive Branch. Although thejustices Washington to submit to the House the fanlOusly refused to render an advisory opinion documents and correspondence relevant to onone occasion duri~gthe Neutrality Crisis of the negotiation of the Jay Treaty, purportedly '793, their refusal was an exception (albeit an to assist the House in deciding whether to exception that was to become the rule) to their appropriate funds related to the treary. As ordinary practice. John Jay, the first Chief ProfeSSor David Currie has noted, "debate on Justice ofthe United States, gave the Executive this resolution lasted an enrire month and was Branch advisory opinions on a wide variety of one of the most impressive and fundamental • subjects before the 1793 refusal. After the ever conducted in Congress:'z Five days after Neutrality Crisis, the Court's third Chief he became Chief Justice, Ellsworth wrote an Justice, Oliver Ellsworth, continued the opinion letter to Connecticut Senator • practice..I .Jonathan-Trumbull, _cQru;!lJdinUj;t .. the. I , In 1796, Ellsworth wrote an advisory House had. no constitutional role in treaty • opinion on a looming constitutional dispute making and was thus bound to appropriate William R. Casto is the Alvin R. Allison Professor ofLaw at the Texas nch University School ofLaw. -
Conflicts of Interest in Bush V. Gore: Did Some Justices Vote Illegally? Richard K
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship Spring 2003 Conflicts of Interest in Bush v. Gore: Did Some Justices Vote Illegally? Richard K. Neumann Jr. Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Richard K. Neumann Jr., Conflicts of Interest in Bush v. Gore: Did Some Justices Vote Illegally?, 16 Geo. J. Legal Ethics 375 (2003) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/153 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. ARTICLES Conflicts of Interest in Bush v. Gore: Did Some Justices Vote Illegally? RICHARD K. NEUMANN, JR.* On December 9, 2000, the United States Supreme Court stayed the presidential election litigation in the Florida courts and set oral argument for December 11.1 On the morning of December 12-one day after oral argument and half a day before the Supreme Court announced its decision in Bush v. Gore2-the Wall Street Journalpublished a front-page story that included the following: Chief Justice William Rehnquist, 76 years old, and Justice Sandra Day O'Connor, 70, both lifelong Republicans, have at times privately talked about retiring and would prefer that a Republican appoint their successors.... Justice O'Connor, a cancer survivor, has privately let it be known that, after 20 years on the high court,'she wants to retire to her home state of Arizona ... -
High Court of Congress: Impeachment Trials, 1797-1936 William F
College of William & Mary Law School William & Mary Law School Scholarship Repository Popular Media Faculty and Deans 1974 High Court of Congress: Impeachment Trials, 1797-1936 William F. Swindler William & Mary Law School Repository Citation Swindler, William F., "High Court of Congress: Impeachment Trials, 1797-1936" (1974). Popular Media. 267. https://scholarship.law.wm.edu/popular_media/267 Copyright c 1974 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/popular_media High Court of Congress: Impeachment Trials, 1797-1936 by William F. Swindler Twelve "civil officers" of the United States have tacle, appear to have rested more on objective (and been subjected to trials on impeachment articles perhaps quasi-indictable) charges. in the Senate. Both colorful and colorless figures The history of impeachment as a tool in the struggle have suffered through these trials, and the nation's for parliamentary supremacy in Great Britain and the fabric has been tested by some of the trials. History understanding of it at the time of the first state constitu- shows that impeachment trials have moved from tions and the Federal Convention of 1787 have been barely disguised political vendettas to quasi-judicial admirably researched by a leading constitutional his- proceedings bearing the trappings of legal trials. torian, Raoul Berger, in his book published last year, Impeachment: Some Constitutional Problems. Like Americans, Englishmen once, but only once, carried the political attack to; the head of state himself. In that encounter Charles I lost his case as well as his head. The decline in the quality of government under the Com- monwealth thereafter, like the inglorious record of MPEACHMENT-what Alexander Hamilton called American government under the Reconstruction Con- "the grand inquest of the nation"-has reached the gresses, may have had an ultimately beneficial effect. -
The Question of Representation at the 1787 Convention
The Question of Representation at the 1787 Convention Student Name ___________________________________________________ Date ________________ Activity Two: Bicameralism, Modes of Election and the “Rule of Suffrage” in Congress Reading Set A. One House or Two? 1. Constitutional Convention, 16 June 1787 http://www.teachingamericanhistory.com/convention/debates/0616.html Mr. PATTERSON, said as he had on a former occasion given his sentiments on the plan proposed by Mr. R. he would now avoiding repetition as much as possible give his reasons in favor of that proposed by himself…It is urged that two branches in the Legislature are necessary. Why? for the purpose of a check. But the reason of7 the precaution is not applicable to this case. Within a particular State, where party heats prevail, such a check may be necessary. In such a body as Congress it is less necessary, and besides, the delegations of the different States are checks on each other. Do the people at large complain of Congs.? No, what they wish is that Congs. may have more power. If the power now proposed be not eno', the people hereafter will make additions to it… Mr. WILSON entered into a contrast of the principal points of the two plans so far he said as there had been time to examine the one last proposed. These points were 1. in the Virga. plan there are 2 & in some degree 3 branches in the Legislature: in the plan from N. J. there is to be a single legislature only… [P]roceeding now to the 1st point on which he had contrasted the two plans, he observed that anxious as he was for some augmentation of the federal powers, it would be with extreme reluctance indeed that he could ever consent to give powers to Congs. -
History and Structure of Article Iii
THE HISTORY AND STRUCTURE OF ARTICLE III DANIEL J. MELTZERt In his present article and two that preceded it,' Akhil Amar takes issue with what has come to be regarded as the traditional view of article III-that Congress has plenary authority over federal court jurisdiction. According to that view, Congress may deprive the lower federal courts, the Supreme Court, or all federal courts of jurisdic- tion over any cases within the federal judicial power, excepting only 2 those few that fall within the Supreme Court's original jurisdiction. Amar's powerful challenge to this tradition resembles two other t Professor of Law, Harvard University. A.B. 1972, J.D. 1975, Harvard University. I am grateful to Dick Fallon, Willy Fletcher, Gerry Gunther, and David Shapiro for their encouragement and perceptive comments, and to Matt Kreeger and Sylvia Quast for helpful suggestions and tireless research assistance. Special thanks go to Akhil Amar, whose careful and probing criticism saved me from errors and clarified my own thinking, even though he did not quite convert me. 1 See Amar, Marbury, Section 13, and the OriginalJurisdiction of the Supreme Court, 56 U. CHI. L. REv. 443 (1989) [hereinafter Amar, OriginalJurisdiction]; Amar, A Neo- FederalistFiew ofArticle III: Separatingthe Two Tiers of FederalJurisdiction,65 B.U.L. REv. 205 (1985) [hereinafter Amar, Neo-Federalist View]. 2 See, e.g., Bator, CongressionalPower Over the Jurisdiction of the Federal Courts, 27 VILL. L. REV. 1030, 1030-31 (1982); Gunther, Congressional Power to Curtail Federal CourtJurisdiction: An Opinionated Guide to the Ongoing Debate, 36 STAN. L. REV. 895, 901- 10 (1984); Redish, Congressional Power to Regulate Supreme Court Appellate Jurisdiction Under the Exceptions Clause: An Internal and External Examination, 27 VILL. -
The Old Supreme Court Chamber (1810-1860)
THE OLD SUPREME COURT CHAMBER 1810–1860 THE OLD SUPREME COURT CHAMBER 1810–1860 Historical Highlights Located on the ground floor of the original north wing of the Capitol Building, this space served as the Senate chamber from 1800 to 1808. It was here that the first joint session of Congress was held in the new capital city of Washington on November 22, 1800, and President Thomas Jeffer- son was inaugurated in 1801 and 1805. Architect Benjamin Henry Latrobe proposed extensive mod- ifications to the area in 1807, which included moving the Senate to the second floor and con- structing a chamber for the Supreme Court of the Working drawing for the Supreme Court Chamber by Benjamin Henry Latrobe, September 26, 1808 United States directly below (in the space previ- ously occupied by the Senate). The Court had been meeting in a small committee room in the north wing since 1801. The Capitol, however, was never intended to be its permanent home; a sepa- rate building for the Court was long discussed, but was not completed until 1935. The work on the Supreme Court chamber did not proceed without difficulties. Cost overruns were a problem, and Congress was slow in appropriating funds to continue the project. In September 1808 construction superintendent John Lenthall was killed when he prematurely removed props sup- porting the chamber’s vaulted ceiling, causing it to collapse. But by August 1809 the massive vault had been rebuilt on an even more ambitious scale. Often likened to an umbrella or a pumpkin, it was a triumph both structurally and aesthetically. -
Report to the Attorney General Economic Liberties Protected by the Constitution
If you have issues viewing or accessing this file contact us at NCJRS.gov. .. U.S. Department of JustIce Office of Legal Policy ]Report to the Attorney General Economic Liberties Protected by the Constitution March 16, 1988 ~ ~ 115093 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating It. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Ponnission to reproduce this ~material has been granted by. PubI1C Domain/Office of Legal Poli_co±y________ _ to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis sion of the ~ht owner. REPORT TO THE ATTORNEY GENERAL ON ECONOMIC LIBERTIES PROTECI'ED BY THE CONSTITUTION JAN 1:) Rec'd ACQUISITIONS Office of Legal Policy March 16, 1988 ®fftrr of tqP 1\ttotnPR Qf)puprnl Iht.sltingtnn; ]1. at. znssn In June, 1986, it was my pleasure to host the Attorney General's Conference on Economic Liberties at the Department of Justice in Washington, D.C. This conference provided an opportunity for a candid exchange of the very different views held by prominent legal scholars on the scope of constitutional j"rotections afforded to economic rights. The conference served as a catalyst for increased discussion of these issues both within the Department and outside it. The present study, "Economic Liberties Protected by the Constitution," is a further contribution to that discussion. It was prepared by the Justice Department's Office of Legal Policy, which functions as a policy development staff for the Department and undertakes comprehensive analyses of contemporary legal issues. -
Supreme Court Justices
The Supreme Court Justices Supreme Court Justices *asterick denotes chief justice John Jay* (1789-95) Robert C. Grier (1846-70) John Rutledge* (1790-91; 1795) Benjamin R. Curtis (1851-57) William Cushing (1790-1810) John A. Campbell (1853-61) James Wilson (1789-98) Nathan Clifford (1858-81) John Blair, Jr. (1790-96) Noah Haynes Swayne (1862-81) James Iredell (1790-99) Samuel F. Miller (1862-90) Thomas Johnson (1792-93) David Davis (1862-77) William Paterson (1793-1806) Stephen J. Field (1863-97) Samuel Chase (1796-1811) Salmon P. Chase* (1864-73) Olliver Ellsworth* (1796-1800) William Strong (1870-80) ___________________ ___________________ Bushrod Washington (1799-1829) Joseph P. Bradley (1870-92) Alfred Moore (1800-1804) Ward Hunt (1873-82) John Marshall* (1801-35) Morrison R. Waite* (1874-88) William Johnson (1804-34) John M. Harlan (1877-1911) Henry B. Livingston (1807-23) William B. Woods (1881-87) Thomas Todd (1807-26) Stanley Matthews (1881-89) Gabriel Duvall (1811-35) Horace Gray (1882-1902) Joseph Story (1812-45) Samuel Blatchford (1882-93) Smith Thompson (1823-43) Lucius Q.C. Lamar (1883-93) Robert Trimble (1826-28) Melville W. Fuller* (1888-1910) ___________________ ___________________ John McLean (1830-61) David J. Brewer (1890-1910) Henry Baldwin (1830-44) Henry B. Brown (1891-1906) James Moore Wayne (1835-67) George Shiras, Jr. (1892-1903) Roger B. Taney* (1836-64) Howell E. Jackson (1893-95) Philip P. Barbour (1836-41) Edward D. White* (1894-1921) John Catron (1837-65) Rufus W. Peckham (1896-1909) John McKinley (1838-52) Joseph McKenna (1898-1925) Peter Vivian Daniel (1842-60) Oliver W. -
The Signers of the U.S. Constitution
CONSTITUTIONFACTS.COM The U.S Constitution & Amendments: About the Signers (Continued) The Signers of the U.S. Constitution On September 17, 1787, the Constitutional Convention came to a close in the Assembly Room of Independence Hall in Philadelphia, Pennsylvania. There were seventy individuals chosen to attend the meetings with the initial purpose of amending the Articles of Confederation. Rhode Island opted to not send any delegates. Fifty-five men attended most of the meetings, there were never more than forty-six present at any one time, and ultimately only thirty-nine delegates actually signed the Constitution. (William Jackson, who was the secretary of the convention, but not a delegate, also signed the Constitution. John Delaware was absent but had another delegate sign for him.) While offering incredible contributions, George Mason of Virginia, Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts refused to sign the final document because of basic philosophical differences. Mainly, they were fearful of an all-powerful government and wanted a bill of rights added to protect the rights of the people. The following is a list of those individuals who signed the Constitution along with a brief bit of information concerning what happened to each person after 1787. Many of those who signed the Constitution went on to serve more years in public service under the new form of government. The states are listed in alphabetical order followed by each state’s signers. Connecticut William S. Johnson (1727-1819)—He became the president of Columbia College (formerly known as King’s College), and was then appointed as a United States Senator in 1789. -
6 City Square (Circa 1911-1922)
1 6 City Square (circa 1911-1922) From: Boston Landmark Commission’s Charlestown Historic Resources Study 1981 (E. W. Gordon, Consultant)*: Number 6 City Square is a well-designed neoclassical bank building, faced with granite on the main façade and sidewalls of brick. There is a well executed mural on the south east wall with a tromp l’oeil Ionic portico, multi-pane round arched windows and dentilated entablature 6 City Square 2015 Original owner: Charlestown Trust Company Architecturally the former Charlestown Trust Company building is a fine example of early 20th century commercial 2 architecture. Particularly noteworthy are its main entrance’s elegant enframements- its portico in antis with monumental fluted Ionic columns and heavy dentilated and cornice-headed entablature. Also memorable is a mural, which covers the parking lot wall (possibly by Richard Haas?). 6 City Square entry detail, 1981 A Boston 200 plaque on the bank's main façade reads "In the late 18th century, no Charlestown resident as well known as Nathaniel Gorham. He was born here, became a successful 3 businessman and settled here with his family in the Gorham home fronting on City Square. During the Revolutionary war he served in the Massachusetts House of Representatives and Senate. He gained national recognition when he was named to the Continental Congress in the 1780s. He became its president in 1786 and signed the Constitution in 1787. He died in Charlestown in 1796". In 1875 three contiguous buildings number 6, 7, 8, 9 were located on this site. Two stables were located to the rear. At that time an E Baker owned this property. -
The President's Power to Execute the Laws
Article The President's Power To Execute the Laws Steven G. Calabresit and Saikrishna B. Prakash" CONTENTS I. M ETHODOLOGY ............................................ 550 A. The Primacy of the Constitutional Text ........................ 551 B. The Source of Confusion Regarding Originalisin ................. 556 C. More on Whose Original Understanding Counts and Why ........... 558 II. THE TEXTUAL CASE FOR A TRINITY OF POWERS AND OF PERSONNEL ...... 559 A. The ConstitutionalText: An Exclusive Trinity of Powers ............ 560 B. The Textual Case for Unenunterated Powers of Government Is Much Harder To Make than the Case for Unenumnerated Individual Rights .... 564 C. Three Types of Institutions and Personnel ...................... 566 D. Why the Constitutional Trinity Leads to a Strongly Unitary Executive ... 568 Associate Professor, Northwestern University School of Law. B.A.. Yale University, 1980, 1 D, Yale University, 1983. B.A., Stanford University. 1990; J.D.. Yale University, 1993. The authors arc very grateful for the many helpful comments and suggestions of Akhil Reed Amar. Perry Bechky. John Harrison, Gary Lawson. Lawrence Lessig, Michael W. McConnell. Thomas W. Merill. Geoffrey P. Miller. Henry P Monaghan. Alex Y.K. Oh,Michael J.Perry, Martin H. Redish. Peter L. Strauss. Cass R.Sunstein. Mary S Tyler, and Cornelius A. Vermeule. We particularly thank Larry Lessig and Cass Sunstein for graciously shanng with us numerous early drafts of their article. Finally. we wish to note that this Article is the synthesis of two separate manuscripts prepared by each of us in response to Professors Lessig and Sunstei. Professor Calabresi's manuscript developed the originalist textual arguments for the unitary Executive, and Mr Prakash's manuscript developed the pre- and post-ratification histoncal arguments. -
John Mclean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman
Vanderbilt Law Review Volume 62 | Issue 2 Article 7 3-2009 John McLean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Constitutional Law Commons, and the Supreme Court of the United States Commons Recommended Citation Paul Finkelman, John McLean: Moderate Abolitionist and Supreme Court Politician, 62 Vanderbilt Law Review 519 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol62/iss2/7 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. John McLean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman* I. THE STRANGE POLITICAL CAREER OF A MINOR JACKSONIAN JUSTICE .......................................................... 522 II. A CAREER ON THE COURT: COMMERCE AND THE ECONOMY ....................................... 533 III. MCLEAN AND SLAVERY: A LONE ANTISLAVERY VOICE IN A SEA OF PROSLAVERY JURISTS ............................ 539 A. Slavery and the Northwest Ordinance on the Ohio Supreme Court ..................................... 541 B. Fugitive Slaves and their Abolitionist Allies .......... 543 C. The Jurisprudenceof Free Soil ................................ 552 D. Dred Scott: McLean's Forgotten Dissent ................. 558 IV . C ON CLU SION ........................................................................ 564 Unlike almost all early Supreme Court Justices, John McLean came from extraordinarily humble origins. He was born in New Jersey in 1785.1 His parents, Fergus and Sophia Blackford McLean, were farmers who moved to Virginia in 1789, Kentucky in 1790, and finally Ohio in 1796. Like many children of the frontier, the future Justice 2 had no formal education for most of his boyhood.