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Welcome to the Please Join Us! B O Friends of the Oliver Ellsworth Oliver Ellsworth Homestead Homesteads Oliver Ellsworth Founding Father Friends of the Oliver Ellsworth 1745 – 1807 Homestead was established by the Ellsworth Memorial Association. The Oliver Ellsworth Homestead, also When you join, you will provide support known as Elmwood, is an historic house for the House, its historic collections, and museum of the Revolutionary War era at programs for schools and the community 778 Palisado Avenue in Windsor, Connecticut. on Oliver and Abigail Ellsworth, the Constitution, and the Built in 1781, it was the home of Oliver Revolutionary War era. Ellsworth and his wife Abigail Wolcott The Ellsworth Memorial Association is a Ellsworth, and is a National Historic Landmark. non-profit organization. Membership in the Friends of the Oliver Ellsworth Ellsworth (1745–1807) was a drafter of the Homestead is open to all, and provides United States Constitution, served as the third opportunities to become involved in a Chief Justice of the United States, and was wide array of programs. a United States Senator from Connecticut. The Homestead including its buildings, grounds, collections, and programs is The house is owned, maintained and supported solely by donations, grants and operated as a museum by the Ellsworth contributions from supporters like you. Memorial Association, Inc., and the Connecti- cut Daughters of the American Revolution. www.ellsworthhomesteaddar.org We Invite You to Learn More Telephone: (860) 688-8717 Facebook: About Supporting this National Engraving above by D.C. Hinman, before 1855, Yale College. Oliver Ellsworth Homestead EMA Painting, center back, by Ralph Earl, Wadsworth Atheneum. Historic Landmark Membership Application NAME Student & Senior (60+) $15 ADDRESS One free tour of Homestead Individual $35 CITY Two free tours of Homestead STATE ZIP Family $50 Four free tours for family PHONE ( ) Contributor $100 EMAIL Four free tours for family and four guest passes, gift INTERESTS? Sustaining $250 have visited several Benefits of $100 level plus reduced countriesI and I like my admission to special events own the best. I have been Benefactor $500 in all the States of the Benefits of $250 level plus Union, and Connecticut is benefactor only activities MAIL TO: the best State. Windsor is Oliver Ellsworth Chief Justice Circle $1000+ Homestead the pleasantest town in Benefits of $500 level plus P.O. Box 791 Windsor, CT 06095 the State, and I have the reduction for one Matthies Hall pleasantest place in the rental Checks made payable to: town of Windsor. I am con- Ellsworth Memorial s s s tent – perfectly content s Association, Inc. to die on the banks of the Special programs, speakers, activities and Connecticut River . newsletter are offered throughout the year. Credit card donations may be made at: We encourage you to participate in Homestead activities, regardless of www.ellsworth Oliver Ellsworth your monetary contribution. homesteaddar.org.

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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.
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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.
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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.
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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.
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John Marshall
William & Mary Law Review Volume 43 (2001-2002) Issue 4 Symposium: The Legacy of Chief Article 9 Justice John Marshall March 2002 John Marshall: Remarks of October 6, 2000 William H. Rehnquist Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Legal History Commons, and the Supreme Court of the United States Commons Repository Citation William H. Rehnquist, John Marshall: Remarks of October 6, 2000, 43 Wm. & Mary L. Rev. 1549 (2002), https://scholarship.law.wm.edu/wmlr/vol43/iss4/9 Copyright c 2002 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr JOHN MARSHALL REMARKS OF OCTOBER 6,2000 WILLIAM H. REHNQUIST* Thank you, Dean Reveley, for the kind introduction. It is a great pleasure to be here. Next January will be the two hundredth anniversary of the appointment of John Marshall as Chief Justice of the United States Supreme Court. I am quite convinced that Marshall deserves to be recognized along with George Washington, Alexander Hamilton, James Madison, and Thomas Jefferson as one of the "Founding Fathers" of this country. Admittedly, he does not have the name recognition of Washington, Hamilton, or Jefferson, but a strong case can be made for the proposition that his contribution to our system of government ranks with any of theirs. I shall try to make that case this evening. Of these Founders, Washington had the experience as a military commander and the reputation for public rectitude that were essential in our first President.
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The Ratings Game: Factors That Influence Judicial Reputation William G
Marquette Law Review Volume 79 Article 2 Issue 2 Winter 1996 The Ratings Game: Factors That Influence Judicial Reputation William G. Ross Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation William G. Ross, The Ratings Game: Factors That Influence Judicial Reputation, 79 Marq. L. Rev. 401 (1996). Available at: http://scholarship.law.marquette.edu/mulr/vol79/iss2/2 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MARQUETTE LAW REVIEW Volume 79 Winter 1996 Number 2 THE RATINGS GAME: FACTORS THAT INFLUENCE JUDICIAL REPUTATION WILLIAM G. ROSS* INTRODUCTION The rating of United States Supreme Court justices is an increasingly favorite pastime among scholars, judges, journalists, students, and practicing attorneys. Once the domain of a few pundits who made personal lists of the all-time "greatest" justices,' surveys are becoming more formal and are embracing more participants. The most extensive * Professor of Law, Cumberland School of Law of Samford University; A.B., Stanford, 1976; J.D., Harvard, 1979. The author was one of the scholars polled in the 1993 Blaustein- Mersky survey that is discussed in this Article. The author thanks Professor Roy M. Mersky of the University of Texas for advice and encouragement in connection with this Article and for his permission to publish the results of that survey as an appendix to this Article.
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Henry L. Ellsworth Circular, 1837
Indiana Historical Society - Manuscripts & Archives HENRY L. ELLSWORTH CIRCULAR, 1837 Collection # SC 2378 Table of Contents User information Biographical sketch Scope and Content note Cataloguing information Processed by Charles Latham 21 May 1993 USER INFORMATION VOLUME OF COLLECTION: 1 item COLLECTION DATE: 1837 PROVENANCE: Thomas J. Moebs, Williamsburg VA, 19 May 1992 REPRODUCTION RIGHTS: Permission to reproduce or publish material in this collection must be obtained in writing from the Indiana Historical Society RELATED HOLDING: pam f F 532 .W2 E39 (printed circular without attached letter) ACCESSION NUMBER: 92.0253 BIOGRAPHICAL SKETCH Henry Leavitt Ellsworth (1791-1858) was born in Windsor, Connecticut, the son of Chief Justice Oliver Ellsworth. He graduated from Yale in 1810, and married Nancy Goodrich. In 1819-1821 he was president of Aetna Insurance Company. In 1832 he was commissioner to supervise the settlement of Indian tribes west of Arkansas. He was Commissioner of Patents from 1835 to 1845. An agriculturist as well as a federal functionary, he has been called the father of the United States Department of Agriculture. Source: Who Was Who in America (Historical Volume) SCOPE AND CONTENT This collection consists of one item, a printed circular with attached conjugate leaf. The circular, signed by Henry L. Ellsworth on 20 February 1837, announces the partnership of John Curtis and Edward A. Ellsworth, in Lafayette, Indiana, to act as a land and loan agency in the Wabash and Maumee valley. This area was expected to be opened up by construction of the Wabash and Erie Canal. On the second page is a letter from Curtis and Ellsworth to Swepson Whitehead of Norfolk, Virginia, enclosing seventeen land certificates, and a receipt from Henry Ellsworth for $2,000 in payment.
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The Constitutional Convention
The Constitutional Convention Woman (to Benjamin Franklin): “Well, Doctor, what have we got—a Republic or a Monarchy?” Benjamin Franklin: "A Republic, if you can keep it.” - McHenry, The Records of the Federal Convention of 1787 Scene at the Signing of the Constitution of the United States, Oil on Canvas, Howard Chandler Christy The hundred day debate known as the Constitutional Convention was one of the most momentous occurrences in United States Constitutional History, and the events that would take place in the Pennsylvania State House during that time would set the United States on the course towards becoming a true Constitutional Republic. The Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania. The point of the event was decide how America was going to be governed. Although the Convention had been officially called to revise the existing Articles of Confederation, many delegates had much bigger plans. Men like James Madison and Alexander Hamilton wanted to create a new government rather than fix the existing one. The delegates elected George Washington to preside over the Convention. 70 Delegates had been appointed by the original states to attend the Constitutional Convention, but only 55 were able to be there. Rhode Island was the only state to not send any delegates at all. As history played out, the result of the Constitutional Convention was the United States Constitution, but it wasn't an easy path. The drafting process was grueling. They wanted the supreme law of the United States to be perfect. The first two months of the Convention saw fierce debate over the 15 points of the "Virginia Plan" which had been proposed by Madison as an upgrade to the Articles of Confederation.
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A Great Judicial Character, Roger Brooke Taney'
YALE LAW JOURNAL. A GREAT JUDICIAL CHARACTER, ROGER BROOKE TANEY' The history of the Judiciary of a country ought to be as instructive as that of its sovereigns or its zoldiers, and yet it is slighted by the ordinary chronicler who finds the back stair gossip of the palace or the blare and jingle of the camp more engaging to his pen than the sober story of the high but sometimes frigid development of Justice and its administration. For us American Lawyers in one hundred and thirty-two years of national exis- tence, its course is illustrated and its needs and achievements personified in the seven men who have held and administered the great office of Chief Justice of the Supreme Court of the United States, omitting those titular holders of the office who took no substantial part in its administration, like Rutlege who failed of confirmation on account of loss of reason which was deemed to incapacitate him. First in the honorable procession comes John Jay of New York, of Huguenot blood, who at thirty years of age was serving the revolutionists as a member of the committee of correspondence with the European friends of American Liberty, especially in the negotiations with France; later, resigning from the Continental Congress to serve in that of his province of New York. He was two years minister to Spain. With Franklin and Adams later he successfully negotiated peace -with Great Britain. Five years he was Secretary for Foreign Affairs and then was appointed by Washington the first Chief Justice of the Supreme Court of the United States in 1789.
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The Constitution in the Supreme Court: the Powers of the Federal Courts, 1801-1835 David P
The Constitution in the Supreme Court: The Powers of the Federal Courts, 1801-1835 David P. Curriet In an earlier article I attempted to examine critically the con- stitutional work of the Supreme Court in its first twelve years.' This article begins to apply the same technique to the period of Chief Justice John Marshall. When Marshall was appointed in 1801 the slate was by no means clean; many of our lasting principles of constitutional juris- prudence had been established by his predecessors. This had been done, however, in a rather tentative and unobtrusive manner, through suggestions in the seriatim opinions of individual Justices and through conclusory statements or even silences in brief per curiam announcements. Moreover, the Court had resolved remark- ably few important substantive constitutional questions. It had es- sentially set the stage for John Marshall. Marshall's long tenure divides naturally into three periods. From 1801 until 1810, notwithstanding the explosive decision in Marbury v. Madison,2 the Court was if anything less active in the constitutional field than it had been before Marshall. Only a dozen or so cases with constitutional implications were decided; most of them concerned relatively minor matters of federal jurisdiction; most of the opinions were brief and unambitious. Moreover, the cast of characters was undergoing rather constant change. Of Mar- shall's five original colleagues, William Cushing, William Paterson, Samuel Chase, and Alfred Moore had all been replaced by 1811.3 From the decision in Fletcher v. Peck4 in 1810 until about 1825, in contrast, the list of constitutional cases contains a succes- t Harry N.
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The Supreme Court
The Supreme Court Why It Matters Write the following statement on the BEFORE YOU READ TAKING As you read, NOTES take notes on board: Every case is eligible to be tried The Main Idea Reading Focus Key Terms how the Supreme Court can before the Supreme Court. Ask students influence society. Use a The Supreme Court hears 1. What is the power of judicial review, p. 189 graphic organizer like this whether they agree or disagree with this appeals, reviews laws, judicial review? remand, p. 190 one to record your notes. statement and why. Ask them how they 2. and strongly influences What are the constitutional opinion, p. 190 think the Supreme Court decides which American society. checks on the Supreme concurring opinion, p. 190 Court’s powers? cases to try. Help students understand dissenting opinion, p. 191 3. How has the Supreme that the Court carefully chooses to Court strengthened constitutional rights? consider cases on appeal that deal with important issues. Academic Vocabulary What kinds of activities are pro- Review with students the high-use academic tected by your right to free speech? term in this section. What is cruel and unusual punish- explicitly fully revealed without vagueness ment? These are all constitutional (p. 190) questions, and many of them have been addressed by the courts. In fact, lower state and federal courts Key Terms frequently deal with constitutional issues, but their rul- Preteach the following terms: ings are not the ﬁ nal word. In our system of govern- judicial review courts’ power to decide ment, the Supreme Court has the ﬁ nal say about what whether a law or presidential action is in is constitutional and what is not.
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The Supreme Court and Superman
THE SUPREME COURT AND SUPERMAN THE JUSTICES AND THE FAMOUS PEOPLE IN THEIR FAMILY TREES Stephen R. McAllister† HILE EXAMINING a photograph of the 1911 U.S. Supreme Court, I spotted Joseph Rucker Lamar, but was initially confused because I thought Justice Lamar served on the Court in the nineteenth century. I quickly discovered that Joseph was the cousin (distant, it turns out) of an earlier Justice, Lu- W 1 cius Quintus Cincinnatus Lamar II. I was aware of two other family rela- tionships between Justices who served on the Court: John Marshall Harlan and his grandson, John Marshall Harlan II, and Stephen Johnson Field and his nephew, David Josiah Brewer,2 with the service of only Field and Brewer overlapping.3 † Stephen McAllister is United States Attorney for the District of Kansas, and on leave of absence from the University of Kansas where he is the E.S. & Tom W. Hampton Distinguished Professor of Law. 1 His namesake presumably is Lucius Quinctius Cincinnatus, the Roman farmer-statesman who legend holds was appointed dictator and left his farm in 458 B.C. to defend Rome against an attacking army, quickly defeated the enemy, and then immediately gave up his power and returned to his farm. 2 The Kansas Justice, David Josiah Brewer, 19 Green Bag 2d 37 (2015). 3 A particularly observant reader of the chart that accompanies this article, or a knowl- edgeable student of Supreme Court history, might wonder whether some other Justices 21 GREEN BAG 2D 219 Stephen R. McAllister Justice John Marshall Harlan, left (1833-1911) and right (1899-1971).
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