DOCSLIB.ORG

Judicial Bookshelf D

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Judicial Bookshelf D Journal of Supreme Court History SUPREME COURT HISTORICAL SOCIETY WARREN E. BURGER Chief Justice 1969-1986 Journal of Supreme Court History PUBLICA TIONS COMMITTEE E. Barrett Prettyman, Jr. Chairman Donald B. Ayer Louis R. Cohen Charles Cooper Kenneth S. Geller James J. Kilpatrick Melvin I. Urofsky BOARD OF EDITORS Melvin I. U rofsky, Chairman HennanBelz Craig Joyce David O'Brien David J. Bodenhamer Laura Kalman Michael Parrish Kermit Hall MaevaMarcus Philippa Strum MANAGING EDITOR Clare Cushman CONSULTING EDITORS Kathleen Shurtleff Patricia R. Evans James J. Kilpatrick Jennifer M. Lowe DavidT.Pride Supreme Court Historical Society Board of Trustees Honorary Chairman William H. Rehnquist Honorary Trustees Harry A. Blackmun Byron R. White Chairman President DwightD.Opperman Leon Silverman Vice Presidents Vincente. Burke,lr. Frank e. Jones Dorothy Tapper Goldman E. Barrett Prettyman, Jr. Secretary Treasurer Virginia Warren Daly Sheldon S. Cohen Trustees George R. Adams KennethS. Geller Stephen W. Nealon Victor Battaglia FrankB. Gilbert Gordon O. Pehrson Helman Belz John D. Gordan III Leon Polsky Barbara A. Black Geoffreye. Hazard, Jr. Charles B. Renfrew HugoL. Black,lr. Judith Ri chards Hope Wi II iamB radford Reynolds Vera Brown Ruth lnsel John R. Ri sher, Jr. Wade Burger WilliamE. Jackson Harvey Ri shikof Patricia Dwinnell Butler Robb M. Jones WilliamP. Rogers Benjamin R. Ci viletti JamesJ. Kilpatrick Jonathan e. Rose Andrew M. Coats Peter A. Knowles Jerold S. Solovy William T. Coleman, Jr. Philip Allen Lacovara Kenneth Starr F. Elwood Davis Ralph l. Lancaster, Jr. Cathleen Douglas Stone George Didden III JeromeB. Libin Agnes N. Williams Charlton Dietz Maureen E. Mahoney W. Foster Wollen John T. Dolan Howard T. Markey Jamese.Duff Mrs. Thurgood Marshall Robert E. J uceam William Edlund Thurgood Marshall , Jr. General Counsel Johne.Elam Vincent L. McKusick JamesD.Ellis Francis J. McNamara, Jr. David T. Pride Thomas W. Evans Joseph R. Moderow Executive Director Wayne Fisher James W. Morris, III Kathleen Shurtleff CharlesO.Galvin John M. Nannes Assistant Director General Statement TheSupreme Court Historical Society is a private non-profit organization, incorporated in the District of Columbia in 1974. The Society is dedicated to the collection and preservation of the history of the Supreme Court of the United States. The Society seeks to accomplish its mission by supporting historical research, collecting antiques and artifacts relating to the Court's history, and publishing books and other materials which increase public awareness of the Court's contribution to our nation's rich constitutional heritage. Since 1975, the Society has been publishing a Quarterly newsletter, distributed to its membership, which contains short historical pieces on the Court and articles detailing the Society's programs and activities. In 1976, the Society began publishing an annual collection of scholarly articles on the Court's history entitled the Yearbook, which was renamed the Journal of Supreme Court History in 1990 and became a semi-annual publication in 1996. The Society initiated the Documentary History of the Supreme Courtofthe United States, 1789-1800 in 1977 with a matching grant from the National Historical Publications and Records Commission (NHPRC). The Supreme Court became a cosponsor in 1979. Since that time the project has completed five of its expected eight volumes, with a sixth volume to be published in 1998. The Society also copubl ishes Equal Justice Under Law, a I 65-page illustrated history ofthe Court, in cooperation with the National Geographic Society. In 1986 the Society cosponsored the 300-pageIllustrated History ofthe Supreme Court of the United States. It sponsored the publication of the United States Supreme CourtIndex to Opinions in 1981, and funded a ten-year update of that volume that was published in 1994. The Society has also developed a collection of illustrated biographies of the Supreme Court Justices which was published in cooperation with Congressional Quarterly, Inc., in 1993. This 588 page book includes biographies of all 108 Supreme Court Justices and features numerous rare photographs and other illustrations. Now in its second edition, it is titled The Supreme Court Justices: Illustrated Biographies, 1789-1995. In addition to its research/publications projects, the Society is now cooperating with the Federal Judicial Center on a pilot oral history project on the Supreme Court. The Society is also conducting an active acquisitions program which has contributed substantially to the completion of the Court's permanent collection of busts and portraits, as well as period furnishings, private papers and other artifacts and memorabilia relating to the Court's history. These materials are incorporated into displays prepared by the Court Curator's Office for the benefit of the Court's one mi Ilion annual visitors. The Society also funds outside research, awards cash prizes to promote scholarship on the Court and sponsors or cosponsors various lecture series and other educational colloquia to further public understanding of the Court and its history. The Society ends 1998 with approximately 5,000 members whose financial support and volunteer participation in the Society'S standing and ad hoc committees enables the organization to function. These committees report to an elected Board of Trustees and an Executive Committee, the latter of which is principally responsible for policy decisions and for supervising the Society's permanent staff. R~quests for additional information should be directed to the Society's headquarters at 111 SecondStreet,N.E., Washington, D.C. 20002, Tel. (202) 543-0400, orto the Society's website at www.supremecourthistory.org. he Society has been determined eligible to receive tax deductible gifts under Section 501 (c) (3) under lhelnternal Revenue Code. Journal of Supreme Court History 1998, Vol. II Introduction Page Melvin I. Urofsky Letter to the Editor Milton C. Handler Articles "Presenting the Case of the United States As It Should Be": The Solicitor General in Historical Context Seth P. Waxman 3 Constitutional Change in the United Kingdom: British Solutions to Universal Problems Alexander Andrew Mackay /niine 26 Supreme Court LawClerk, 1957-1958,A Reminiscence Alan C. Kohn 40 Wheaton v. Greenleaf A (Story) Tal e of Three Reporters Stephen R. McAllister 53 Race, Marriage, and the Supreme Court from Pace v. Alabama ( 1883) to Loving v. Virginia ( 1967) Peter Wallenstein 65 Antitrust and Baseball: Stealing Holmes Kevin D. McDonald 88 Justice Levi Woodbury: A Reputational Study William D. Bader, Roy M. Mersky 129 Beyond the Bottom Line: The Value of Judicial Biography Melvin I. Urofsky 143 Judicial Bookshelf D. Grier Stephenson, Jr. 157 Contributors 182 Photo Credits 183 Copyright 1998, by The Supreme Court Histori cal Society I 1 I Second Street, N.E. Was hington, D.C., 20002 ISBN 0-914785-17-6 Introduction Melvin I. Urofsky Chairman, Board of Editors 'fhis issue of the Journal of Supreme Court on the historic functions and role of his office, History is the last in the old format Starti ng in and the other by Lord Irvine, the Lord High 1999, the Journal will publish three times a year, Chancellor of England, on how constitutional providing our readers with a greater wealth of change in Great Britain operates. material on the history of the Supreme Court, Justices and cases are the meat and pota­ and scholars a larger venue in which to publish toes of Supreme Court history (with out indi­ their work, For this expansion we happily ac­ cating which is the meat), and here we have knowledge the response of our readers to the both. William Bader and Roy Mersky take a efforts we have made over the past few years stab at rehabilitating the reputation of Levi to upgrade the quality of the Journal, and to Woodbury, and the reader will draw his or her secure a broader variety of materials, Our goal own conclusion as to how successful they are. is to become the premier publication dealing In my piece, I suggest that judicial biography is with the history of the Supreme Court, and to a more important element of judicial history than make this publication part of the larger educa­ some scholars are willing to credit. tional mission which is the primary purpose of In terms of cases, we have both real deci­ the Supreme Court Historical Society, sions as well as ones that might have been. This issue showcases the large variety of After the exciting 1998 baseball season (yes, materials which we now get on a regular basis, scholars, lawyers and judges also follow the Two articles in an earlier issue on the landmark national pastime), we should recall that base­ case of Euclid v, Ambler Realty (1926) elicited ball is no stranger to the Court, and that one of a letter from Milton Handler recalling his expe­ the great exemptions to antitrust law was rience with that case as a clerk to Mr. Justice forged, not in Congress, but by the judiciary. Stone. We have another reminiscence, by Alan We can also see how the Justices handled one Kohn, of his year as a clerk, albeit a generation of the most delicate and explosive issues of the later. time, miscegenation, in Peter Wallenstein's ex­ Lectures, which often provide the basis for ploration of the Court's decisions from 1883 to our articles, contributed two important its landmark ruling in Loving v. Virginia (1967). one by the Solicitor General, Seth P. Waxman, And in a bit of whimsey based on history, Stephen McAllister looks at the politics involv­ Court. ing the old institution of Court Reporter. Thank you all, contributors and readers, for Finally, to remind us that both the quantity helping us to grow. We believe the Journal of and quality of writing on the Court's history Supreme Court History serves a useful and has expanded, Grier Stephenson, after recuper­ unique function, and all of us here are dedi­ ating from marrying off his daughter, wrote his cated to making that work a success.
Load more

Recommended publications
  • Just Because John Marshall Said It, Doesn't Make It So: Ex Parte
    Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2000 Just Because John Marshall Said it, Doesn't Make it So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789 Eric M. Freedman Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Eric M. Freedman, Just Because John Marshall Said it, Doesn't Make it So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789, 51 Ala. L. Rev. 531 (2000) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/53 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]. MILESTONES IN HABEAS CORPUS: PART I JUST BECAUSE JOHN MARSHALL SAID IT, DOESN'T MAKE IT So: Ex PARTE BoLLMAN AND THE ILLUSORY PROHIBITION ON THE FEDERAL WRIT OF HABEAS CORPUS FOR STATE PRISONERS IN THE JUDIcIARY ACT OF 1789 Eric M. Freedman* * Professor of Law, Hofstra University School of Law ([email protected]). BA 1975, Yale University;, MA 1977, Victoria University of Wellington (New Zea- land); J.D. 1979, Yale University. This work is copyrighted by the author, who retains all rights thereto.
    [Show full text]
  • Sports Publishing Fall 2018
    SPORTS PUBLISHING Fall 2018 Contact Information Editorial, Publicity, and Bookstore and Library Sales Field Sales Force Special Sales Distribution Elise Cannon Skyhorse Publishing, Inc. Two Rivers Distribution VP, Field Sales 307 West 36th Street, 11th Floor Ingram Content Group LLC One Ingram Boulevard t: 510-809-3730 New York, NY 10018 e: [email protected] t: 212-643-6816 La Vergne, TN 37086 f: 212-643-6819 t: 866-400-5351 e: [email protected] Leslie Jobson e: [email protected] Field Sales Support Manager t: 510-809-3732 e: [email protected] International Sales Representatives United Kingdom, Ireland & Australia, New Zealand & India South Africa Canada Europe Shawn Abraham Peter Hyde Associates Thomas Allen & Son Ltd. General Inquiries: Manager, International Sales PO Box 2856 195 Allstate Parkway Ingram Publisher Services UK Ingram Publisher Services Intl Cape Town, 8000 Markham, ON 5th Floor 1400 Broadway, Suite 520 South Africa L3R 4T8 Canada 52–54 St John Street New York, NY, 10018 t: +27 21 447 5300 t: 800-387-4333 Clerkenwell t: 212-581-7839 f: +27 21 447 1430 f: 800-458-5504 London, EC1M 4HF e: shawn.abraham@ e: [email protected] e: [email protected] e: IPSUK_enquiries@ ingramcontent.com ingramcontent.co.uk India All Other Markets and Australia Penguin Books India Pvt. Ltd. General International Enquiries Ordering Information: NewSouth Books 7th Floor, Infinity Tower C Ingram Publisher Services Intl Grantham Book Services Orders and Distribution DLF Cyber City, Phase - III 1400 Broadway,
    [Show full text]
  • Unlikely Heroes," Simon and Schuster, New York, 1981, 352 Pp
    From: Jack Bass, "Unlikely Heroes," Simon and Schuster, New York, 1981, 352 pp. Skelly Wright and New Orleans . we are, all of us, free-born Americans with a right to make our way ulafeitered by smctions imposed by man because of the work of God. -JUDQB J. $KELLY WRIGHT,I 956l DURINGA CHRISTMASEVE PARTY jn the United States Attorney's office, J. Skelly Wright sat at a window in the post ofice building and looked across the narrow street at the ight House for the Blind, where sightless people from New brleans were arriving for another Christmas celebration. He watched the blind people climb the steps to the second floor. There, someone met them. He watched a blind Negro led to a party for bIacks at the rear of the buildig. A white blind person was led to a separate party. More than thirty years later, he recalled the scene. "The bIiud couldn't segregate themselves. They couldn't see. There was same- body else doing it for them." He continued, "It had an eEect on me. It affects me even now. &-Bush v. Orkuns Parish School Board, 138 F. Supp. 337. I SKELLY WRIGHT AND NEW ORLBANS "It didn? shock me. I looked at it twice, believe me, but it didn't shock me. It just began to eat at me. And it eats at me now. It began to make me think more of the injustice of it, of the whole system that I had taken for granted. I was getting mature, too, thirty-five or thirty-six, and you began to think of things.
    [Show full text]
  • Daniel D. Pratt: Senator and Commissioner
    Daniel D. Pratt: Senator and Commissioner Joseph E. Holliday* The election of Daniel D. Pratt, of Logansport, to the United States Senate in January, 1869, to succeed Thomas A. Hendricks had come after a bitter internal struggle within the ranks of the Republican members of the Indiana General Assembly. The struggle was precipitated by James Hughes, of Bloomington, who hoped to win the honor, but it also uncovered a personal feud between Lieutenant Governor Will E. Cumback, an early favorite for the seat, and Governor Conrad Baker. Personal rivalries threatened party harmony, and after several caucuses were unable to reach an agreement, Pratt was presented as a compromise candidate. He had been his party’s nominee for a Senate seat in 1863, but the Republicans were then the minority party in the legislature. With a majority in 1869, however, the Republicans were able to carry his election. Pratt’s reputation in the state was not based upon office-holding ; he had held no important state office, and his only legislative experience before he went to Washington in 1869 was service in two terms of the general assembly. It was his character, his leadership in the legal profession in northern Indiana, and his loyal service as a campaigner that earned for him the esteem of many in his party. Daniel D. Pratt‘s experience in the United States Senate began with the inauguration of Ulysses S. Grant in March, 1869. Presiding over the Senate was Schuyler Colfax, another Hoosier, who had just been inaugurated vice-president of the United States. During the administration of President Andrew Johnson, the government had been subjected to severe stress and strain between the legislative and executive branches.
    [Show full text]
  • A University Microfilms International
    INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning" the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again — beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation.
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION Vol. 166 WASHINGTON, THURSDAY, OCTOBER 22, 2020 No. 181 House of Representatives The House was not in session today. Its next meeting will be held on Friday, October 23, 2020, at 11:30 a.m. Senate THURSDAY, OCTOBER 22, 2020 (Legislative day of Monday, October 19, 2020) The Senate met at 12 noon, on the ex- man, of Ohio, to be United States Dis- haven’t made the same tough decisions piration of the recess, and was called to trict Judge for the Southern District of and weren’t ready before the pandemic. order by the President pro tempore Ohio. Now Democrats want Iowans’ Federal (Mr. GRASSLEY). The PRESIDING OFFICER (Mrs. tax money to bail out irresponsible FISCHER). The President pro tempore. f State governments and somehow this Mr. GRASSLEY. Madam President, I is worth holding up relief for strug- PRAYER ask to speak for 1 minute as in morn- gling families. Come on. The Chaplain, Dr. Barry C. Black, of- ing business. I yield the floor. The PRESIDING OFFICER. Without fered the following prayer: RECOGNITION OF THE MAJORITY LEADER objection, it is so ordered. Let us pray. The PRESIDING OFFICER. The ma- FISCAL RESPONSIBILITY Lord of Heaven’s Army, we find our jority leader is recognized. Mr. GRASSLEY. Madam President, joy from trusting You. Today we are what we have seen over the last week ELECTION SECURITY trusting Your promise to supply all our are attempts to get COVID relief up Mr.
    [Show full text]
  • Thomas R.R. Cobb and the Law of Negro Slavery Paul Finkelman University of Tulsa College of Law
    Roger Williams University Law Review Volume 5 | Issue 1 Article 4 Fall 1999 Thomas R.R. Cobb and the Law of Negro Slavery Paul Finkelman University of Tulsa College of Law Follow this and additional works at: http://docs.rwu.edu/rwu_LR Recommended Citation Finkelman, Paul (1999) "Thomas R.R. Cobb and the Law of Negro Slavery," Roger Williams University Law Review: Vol. 5: Iss. 1, Article 4. Available at: http://docs.rwu.edu/rwu_LR/vol5/iss1/4 This Symposia is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. Thomas R.R. Cobb and the Law of Negro Slavery Paul Finkelman* From the Revolution until the Civil War Southern intellectu- als, professionals, and politicians developed and articulated elabo- rate defenses of slavery. The most significant proslavery legal scholar was Thomas R.R. Cobb, a Georgia attorney, law professor and one-time reporter for the Georgia Supreme Court. His trea- tise, An Inquiry into the Law of Negro Slavery in the United States of America,' profoundly illustrates the way antebellum Southern lawyers and judges used their learning and talents to support slavery. Proslavery advocates, such as Cobb, emphatically insisted on the justice and morality-the essential rightness-of slavery. Cobb believed that racially based slavery was a prerequisite for a truly "republican equality"2 because only in such a system were all whites equal in status, regardless of their wealth, property, or sta- tion in life.
    [Show full text]
  • Baseball Cyclopedia
    ' Class J^V gG3 Book . L 3 - CoKyiigtit]^?-LLO ^ CORfRIGHT DEPOSIT. The Baseball Cyclopedia By ERNEST J. LANIGAN Price 75c. PUBLISHED BY THE BASEBALL MAGAZINE COMPANY 70 FIFTH AVENUE, NEW YORK CITY BALL PLAYER ART POSTERS FREE WITH A 1 YEAR SUBSCRIPTION TO BASEBALL MAGAZINE Handsome Posters in Sepia Brown on Coated Stock P 1% Pp Any 6 Posters with one Yearly Subscription at r KtlL $2.00 (Canada $2.00, Foreign $2.50) if order is sent DiRECT TO OUR OFFICE Group Posters 1921 ''GIANTS," 1921 ''YANKEES" and 1921 PITTSBURGH "PIRATES" 1320 CLEVELAND ''INDIANS'' 1920 BROOKLYN TEAM 1919 CINCINNATI ''REDS" AND "WHITE SOX'' 1917 WHITE SOX—GIANTS 1916 RED SOX—BROOKLYN—PHILLIES 1915 BRAVES-ST. LOUIS (N) CUBS-CINCINNATI—YANKEES- DETROIT—CLEVELAND—ST. LOUIS (A)—CHI. FEDS. INDIVIDUAL POSTERS of the following—25c Each, 6 for 50c, or 12 for $1.00 ALEXANDER CDVELESKIE HERZOG MARANVILLE ROBERTSON SPEAKER BAGBY CRAWFORD HOOPER MARQUARD ROUSH TYLER BAKER DAUBERT HORNSBY MAHY RUCKER VAUGHN BANCROFT DOUGLAS HOYT MAYS RUDOLPH VEACH BARRY DOYLE JAMES McGRAW RUETHER WAGNER BENDER ELLER JENNINGS MgINNIS RUSSILL WAMBSGANSS BURNS EVERS JOHNSON McNALLY RUTH WARD BUSH FABER JONES BOB MEUSEL SCHALK WHEAT CAREY FLETCHER KAUFF "IRISH" MEUSEL SCHAN6 ROSS YOUNG CHANCE FRISCH KELLY MEYERS SCHMIDT CHENEY GARDNER KERR MORAN SCHUPP COBB GOWDY LAJOIE "HY" MYERS SISLER COLLINS GRIMES LEWIS NEHF ELMER SMITH CONNOLLY GROH MACK S. O'NEILL "SHERRY" SMITH COOPER HEILMANN MAILS PLANK SNYDER COUPON BASEBALL MAGAZINE CO., 70 Fifth Ave., New York Gentlemen:—Enclosed is $2.00 (Canadian $2.00, Foreign $2.50) for 1 year's subscription to the BASEBALL MAGAZINE.
    [Show full text]
  • Antitrust and Baseball: Stealing Holmes
    Antitrust and Baseball: Stealing Holmes Kevin McDonald 1. introduction this: It happens every spring. The perennial hopefulness of opening day leads to talk of LEVEL ONE: “Justice Holmes baseball, which these days means the business ruled that baseball was a sport, not a of baseball - dollars and contracts. And business.” whether the latest topic is a labor dispute, al- LEVEL TWO: “Justice Holmes held leged “collusion” by owners, or a franchise that personal services, like sports and considering a move to a new city, you eventu- law and medicine, were not ‘trade or ally find yourself explaining to someone - commerce’ within the meaning of the rather sheepishly - that baseball is “exempt” Sherman Act like manufacturing. That from the antitrust laws. view has been overruled by later In response to the incredulous question cases, but the exemption for baseball (“Just how did that happen?”), the customary remains.” explanation is: “Well, the famous Justice Oliver Wendell Holmes, Jr. decided that baseball was exempt from the antitrust laws in a case called The truly dogged questioner points out Federal Baseball Club ofBaltimore 1.: National that Holmes retired some time ago. How can we League of Professional Baseball Clubs,‘ and have a baseball exemption now, when the an- it’s still the law.” If the questioner persists by nual salary for any pitcher who can win fifteen asking the basis for the Great Dissenter’s edict, games is approaching the Gross National Prod- the most common responses depend on one’s uct of Guam? You might then explain that the level of antitrust expertise, but usually go like issue was not raised again in the courts until JOURNAL 1998, VOL.
    [Show full text]
  • Life, Liberty, and the Pursuit of Happiness" in Our Constitutional Jurisprudence: an Exercise in Legal History
    William & Mary Bill of Rights Journal Volume 20 (2011-2012) Issue 2 Article 4 December 2011 Restoring "Life, Liberty, and the Pursuit of Happiness" in Our Constitutional Jurisprudence: An Exercise in Legal History Patrick J. Charles Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Legal History Commons Repository Citation Patrick J. Charles, Restoring "Life, Liberty, and the Pursuit of Happiness" in Our Constitutional Jurisprudence: An Exercise in Legal History, 20 Wm. & Mary Bill Rts. J. 457 (2011), https://scholarship.law.wm.edu/wmborj/vol20/iss2/4 Copyright c 2011 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj RESTORING “LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS” IN OUR CONSTITUTIONAL JURISPRUDENCE: AN EXERCISE IN LEGAL HISTORY Patrick J. Charles* INTRODUCTION .................................................458 I. PLACING THE DECLARATION IN LEGAL AND HISTORICAL CONTEXT .....461 II. A BRIEF HISTORIOGRAPHY OF “LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS” AS A MATTER OF LEGAL THOUGHT, WITH A FOCUS ON “HAPPINESS” ...............................................470 III. PLACING THE INTERRELATIONSHIP OF “LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS” IN THE CONTEXT OF AMERICAN CONSTITUTIONALISM ...477 A. Restoring the True Meaning of the Preservation of “Life, Liberty, and the Pursuit of Happiness” in Constitutional Thought .............481 B. “Life, Liberty, and the Pursuit of Happiness” and the Embodiment of the Representative Government ..............................490 C. Eighteenth-Century Legal Thought and the Constitutional Theory Behind Preservation of “Life, Liberty, and the Pursuit of Happiness” ......502 IV. APPLYING THE PRESERVATION OF “LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS” TO MODERN CONSTITUTIONALISM .....................517 CONCLUSION—OUR HAPPY CONSTITUTION ...........................523 * Patrick J.
    [Show full text]
  • Harvard Law School's Promotional Literature, 1829-1848
    HARVARD LAW SCHOOL’S PROMOTIONAL LITERATURE, 1829-1848 A REFLECTION OF THE IDEALS AND REALITIES OF THE STORY-ASHMUN-GREENLEAF ERA Michael von der Linn† OEL PARKER, CHARLES WARREN, and later scholars attribute Harvard Law School’s renaissance in the years spanning 1829 to 1848 to the endowment provided by Nathan Dane, the sup- J port of President Josiah Quincy, and the contributions of Jo- seph Story, John Hooker Ashmun, and Simon Greenleaf.1 These were indeed the primary reasons for the school’s remarkable growth. Another, which has received little attention, was an aggres- sive promotional campaign initiated by Story in the 1830s.2 This † Michael von der Linn is the manager of the Antiquarian Book Department of The Lawbook Exchange, Ltd. 1 The law school’s faculty and staff consisted of two people during this period. Story was the superintendent; Ashmun handled most of the administrative duties. They divided the teaching load fairly evenly. This arrangement continued when Greenleaf joined the faculty after Ashmun’s death in 1833. Asahel Stearns, Story’s predecessor, directed the school from its establishment in 1817 to 1829. He was the sole administrator and primary instructor, but he shared his teaching duties with Isaac Parker, who held a joint appointment with Harvard College. 2 I have found two references. Warren, who provides the quote cited in Footnote 6, devotes a paragraph to this topic. Newmyer, perhaps based on his reading of Warren, mentions it as well. Charles Warren, History of the Harvard Law School 13 GREEN BAG 2D 427 Michael von der Linn was not the first time Harvard issued marketing materials, nor was it the first or only school to use them.3 But the size of Story’s cam- paign was unprecedented.
    [Show full text]
  • Federalist Politics and William Marbury's Appointment As Justice of the Peace
    Catholic University Law Review Volume 45 Issue 2 Winter 1996 Article 2 1996 Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace. David F. Forte Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace., 45 Cath. U. L. Rev. 349 (1996). Available at: https://scholarship.law.edu/lawreview/vol45/iss2/2 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. ARTICLES MARBURY'S TRAVAIL: FEDERALIST POLITICS AND WILLIAM MARBURY'S APPOINTMENT AS JUSTICE OF THE PEACE* David F. Forte** * The author certifies that, to the best of his ability and belief, each citation to unpublished manuscript sources accurately reflects the information or proposition asserted in the text. ** Professor of Law, Cleveland State University. A.B., Harvard University; M.A., Manchester University; Ph.D., University of Toronto; J.D., Columbia University. After four years of research in research libraries throughout the northeast and middle Atlantic states, it is difficult for me to thank the dozens of people who personally took an interest in this work and gave so much of their expertise to its completion. I apologize for the inevita- ble omissions that follow. My thanks to those who reviewed the text and gave me the benefits of their comments and advice: the late George Haskins, Forrest McDonald, Victor Rosenblum, William van Alstyne, Richard Aynes, Ronald Rotunda, James O'Fallon, Deborah Klein, Patricia Mc- Coy, and Steven Gottlieb.
    [Show full text]