DOCSLIB.ORG

Journal of Supreme Court History

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Journal of Supreme Court History Journal of Supreme Court History THE SUPREME COURT HISTORICAL SOCIETY THURGOOD MARSHALL Associate Justice (1967-1991) Journal of Supreme Court History PUBLICATIONS 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. Urofsky, Chairman Herman Belz Craig Joyce David O'Brien David J. Bodenhamer Laura Kalman Michael Parrish Kermit Hall Maeva Marcus Philippa Strum MANAGING EDITOR Clare Cushman CONSULTING EDITORS Kathleen Shurtleff Patricia R. Evans James J. Kilpatrick Jennifer M. Lowe David T. Pride Supreme Court Historical Society Board of Trustees Honorary Chairman William H. Rehnquist Honorary Trustees Harry A. Blackmun Lewis F. Powell, Jr. Byron R. White Chairman President DwightD.Opperman Leon Silverman Vice Presidents VincentC. Burke,Jr. Frank C. Jones E. Barrett Prettyman, Jr. Secretary Treasurer Virginia Warren Daly Sheldon S. Cohen Trustees George Adams Frank B. Gilbert Stephen W. Nealon HennanBelz Dorothy Tapper Goldman Gordon O. Pehrson Barbara A. Black John D. Gordan III Leon Polsky Hugo L. Black, J r. William T. Gossett Charles B. Renfrew Vera Brown Geoffrey C. Hazard, Jr. William Bradford Reynolds Wade Burger Judith Richards Hope John R. Risher, Jr. Patricia Dwinnell Butler William E. Jackson Harvey Rishikof Andrew M. Coats Rob M. Jones William P. Rogers William T. Coleman,1r. James 1. Kilpatrick Jonathan C. Rose F. Elwood Davis Peter A. Knowles Jerold S. Solovy George Didden IIJ Harvey C. Koch Kenneth Starr Charlton Dietz Jerome B. Libin Cathleen Douglas Stone John T. Dolan Maureen F. Mahoney Agnes N. Williams James Duff Howard T. Markey LivelyWilson William Edlund Mrs. Thurgood Marshall W. Foster Wollen John C. Elam Thurgood Marshall, Jr. RobertE. Juceam James D. Ellis VincentL. McKusick General Counsel Michela English Francis 1. McNamara, Jr. Thomas W. Evans Joseph R. Moderow David T. Pride Wayne Fisher James W . Morris Executive Director Charles O. Galvin John M. Nannes Kathleen Shurtleff Kenneth S. Geller PhilC.Neal Assistant Director Journal of Supreme Court History 1997, VoL II page Introduction Melvin 1. Urofsky Articles The High Court of Australia Michael Hudson McHugh 2 The Virtue of Defeat: Plessy v. Ferguson in Retrospect Clarence Thomas 15 In the Shadow of the Chief: The Role of the Senior Associate Justice Sandra L. Wood 25 William Paterson and the National Jurisprudence: Two Draft Opinions on the Sedition Law of 1798 and the Federal Common Law Williamjames Hull Hoffer 36 Prigg v. Pennsylvania: Understanding Joseph Story's Pro-Slavery Nationalism Paul Finkelman 51 Abraham Lincoln's Appointments to the Supreme Court: A Master Politician at his Craft Michael A. Kahn 65 Advocates at Cross-Purposes: The Briefs on Behalf of Zoning in the Supreme Court ~~h~ ~ "Compelled by Conscientious Duty": Village of Euclid v. Ambler Realty Co. as Romance Michael Allan Wolf 88 "Dear Mr. Justice": Public Correspondence with Members of the Supreme Court John W Johnson 101 Personal Rights, Public Wrongs: The Gaines Case and the Beginning of the End of Segregation Kevin M. Kruse 113 In Retrospect The Life of John Marshall Revisited Alexander Wohl 131 Book Reviews Review of Mark V. Tushnet, Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961and Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991 Elizabeth Garrett 140 The Judicial Bookshelf D. Grier Stephenson, Jr. 150 New books reviewed in this issue: Justice Antonin Scalia and the Conservative Revival Richard A. Brisbin, Jr. Battles on the Bench: Contlict Inside the Supreme Court Philip 1. Cooper Beyond the Burning Cross: The First Amendment and the LandmarkR.A.V. Case Edward 1. ClealY The Great ChiefJustice: John Marshall and the Rule of Law Charles F. Hobson New Deal Justice: The Constitutional Jurisprudence of Hugo L. Black, Felix Frankfurter, and RobertH. Jackson Jeffrey D. Hockett The Selling of Supreme Court Nominees John Anthony Maltese Justice Sandra Day O'Connor: Strategist on the Supreme Court Nancy Maveety The Unpublished Opinions ofthe Rehnquist Court Bernard Schwartz John Marshall: Definerofa Nation Jean Edward Smith Shaping America: The Politics of Supreme CourtAppointments George L. Wats on and John A. Stookey Contributors 170 Photo Credits 171 Copyright 1997, by The Supreme Court Hi storica l Society II I Second Street, N.E. Wash ington , D.C., 20002 ISBN 0-91 478S-IS-X Introduction Melvin I. U rofsky Chairman, Board of Editors This issue of the Journal covers a wide other article dealing with constitutional courts variety of topics, and well represents the grow­ in other countries, this one from the Hon. ing interest in Supreme Court history as well as Michael Hudson McHugh, a member of the the varied ways in which that interest is pur­ High Court of Australia. The germ of this ar­ sued. D. Grier Stephenson's "Judicial Book­ ticle came a few years ago when Justice shelf' covers a wide range of books on the McHugh hosted my wife and me at a dinner in Court, and Elizabeth Garrett, a former clerk to Sydney, and we started talking about the dif­ Justice Thurgood Marshall, reviews Mark ferences and similarities between the courts of Tushnet's two-volume biography of the Jus­ the two countries. We hope to be able to con­ tice. As a comparison of how history was done tinue this series in the future with articles on "then" and how it is done "now," Alexander other constitutional courts in order to under­ Wohl contributes another of our "In Retro­ stand the unique role that the Supreme Court spect" pieces with a review of Albert plays in our political-legal system, a role unique Beveridge's monumental biography of Chief among the developed nations. Justice John Marshall. The issue is rounded out by pieces on what Interestingly, and with practically no assis­ might have become the Court's first major state­ tance from the editors, some of the articles we ment on the First Amendment, a hitherto little received relate well to one another. Paul known set of draft opinions in the William Pater­ Finkleman's piece on the Prigg case details one son papers, edited by Williamjames Hull Hoffer, of the Court's earliest efforts to deal with the a graduate student at the Johns Hopkins Uni­ growing problem of slavery; a half-century versity; a look at the mail received by Justice later the Court, as Justice Thomas shows in Black in response to his dissent in Tinker v. his discussion of Plessy v. Ferguson, was Des Moines, by John Johnson, who has re­ still caught in the mindset of the nineteenth cently published a book on the case; Michael century; and then our student essay winner, Kahn's analysis of Lincoln's method of choos­ Kevin Kruse (a student of Richard Polenberg's ing Justices, and Sandra Wood's article on the at Cornell) details how the Court finally be­ senior Associate Justice, whose role and pow­ gan moving toward a modern view of the ers are often overlooked. Equal Protection Clause. Similarly, after we All told we are delighted with the variety of had asked Michael Wolf to reexamine the articles that scholars have been sending to us, landmark zoning case of Euclid v. Ambler, we and which we are able to present to you. If received Garret Power's analysis ofthe lawyer­ anyone asks about the state of Supreme Court ing in that case. history, the answer is that it is alive and thriv­ We are pleased and proud to present an- ing. The High Court of Australia Michael Hudson McHugh Introduction similarities and the remarkable similarities between the legislative powers specifically The High Court of Australia, like the granted to the federal legislatures of each Supreme Court of the United States, is the country, one would expect the roles of the guardian of the Constitution that creates it. two courts in their respective legal systems Each court is the creation of a federa l to be similar. Constitution that gives effect to the political Two factors have combined, however, to doctrine of the separation of legislative, make the roles ofthe Courts essentially different. executive and judicial power. Each Constitution The first is the existence of the Bill of Rights in vests specific heads of power in a federal the Constitution of the United States and the legislature consisting of a Senate and a House absence of a counterpart in the Austral ian of Representatives and leaves each state free Constitution. The second is that the High Court to legislate within its own domain except in is, but the Supreme Court is not, part of the cases where the Constitution has withdrawn legal system of the states that constitute the legislative power from the states. Each federation. As a resu It, the nature of the cases Constitution contains a Supremacy Clause that come before the two courts is on the whole that ensures that, in the case of conflict quite different. Unlike the Supreme Court, between federal and state legislative whose "docket" appears to be dominated by enactments, the federal enactment will prevail. issues concerning the Bill of Rights and the Each Constitution contains an Establishment interpretation of federal enactments, the High Clause, which are similarly worded. Given these Court's "docket" is dominated by appeals in HIGH C'OURTOF AUSTRALIA 3 The author, MiChael McHugh red), is a ce of the civil and criminal matters. The nature of the has produced, said the following: I High Court's work as an appellate court and the absence of a Bill of Rights in the Australian [C]lose adherence to legal reasoning is Constitution have also influenced that Court's the on ly way to maintain the confidence approach to the judicial process.
Load more

Recommended publications
  • Early Understandings of the "Judicial Power" in Statutory Interpretation
    ARTICLE ALL ABOUT WORDS: EARLY UNDERSTANDINGS OF THE 'JUDICIAL POWER" IN STATUTORY INTERPRETATION, 1776-1806 William N. Eskridge, Jr.* What understandingof the 'judicial Power" would the Founders and their immediate successors possess in regard to statutory interpretation? In this Article, ProfessorEskridge explores the background understandingof the judiciary's role in the interpretationof legislative texts, and answers earlier work by scholars like ProfessorJohn Manning who have suggested that the separation of powers adopted in the U.S. Constitution mandate an interpre- tive methodology similar to today's textualism. Reviewing sources such as English precedents, early state court practices, ratifying debates, and the Marshall Court's practices, Eskridge demonstrates that while early statutory interpretationbegan with the words of the text, it by no means confined its searchfor meaning to the plain text. He concludes that the early practices, especially the methodology ofJohn Marshall,provide a powerful model, not of an anticipatory textualism, but rather of a sophisticated methodology that knit together text, context, purpose, and democratic and constitutionalnorms in the service of carrying out the judiciary's constitutional role. TABLE OF CONTENTS Introduction .................................................... 991 I. Three Nontextualist Powers Assumed by English Judges, 1500-1800 ............................................... 998 A. The Ameliorative Power .............................. 999 B. Suppletive Power (and More on the Ameliorative Pow er) .............................................. 1003 C. Voidance Power ..................................... 1005 II. Statutory Interpretation During the Founding Period, 1776-1791 ............................................... 1009 * John A. Garver Professor ofJurisprudence, Yale Law School. I am indebted toJohn Manning for sharing his thoughts about the founding and consolidating periods; although we interpret the materials differently, I have learned a lot from his research and arguments.
    [Show full text]
  • In Defence of the Court's Integrity
    In Defence of the Court’s Integrity 17 In Defence of the Court’s Integrity: The Role of Chief Justice Charles Evans Hughes in the Defeat of the Court-Packing Plan of 1937 Ryan Coates Honours, Durham University ‘No greater mistake can be made than to think that our institutions are fixed or may not be changed for the worse. We are a young nation and nothing can be taken for granted. If our institutions are maintained in their integrity, and if change shall mean improvement, it will be because the intelligent and the worthy constantly generate the motive power which, distributed over a thousand lines of communication, develops that appreciation of the standards of decency and justice which we have delighted to call the common sense of the American people.’ Hughes in 1909 ‘Our institutions were not designed to bring about uniformity of opinion; if they had been, we might well abandon hope.’ Hughes in 1925 ‘While what I am about to say would ordinarily be held in confidence, I feel that I am justified in revealing it in defence of the Court’s integrity.’ Hughes in the 1940s In early 1927, ten years before his intervention against the court-packing plan, Charles Evans Hughes, former Governor of New York, former Republican presidential candidate, former Secretary of State, and most significantly, former Associate Justice of the Supreme Court, delivered a series 18 history in the making vol. 3 no. 2 of lectures at his alma mater, Columbia University, on the subject of the Supreme Court.1 These lectures were published the following year as The Supreme Court: Its Foundation, Methods and Achievements (New York: Columbia University Press, 1928).
    [Show full text]
  • The Role of Negative Implications in the Interpretation of Commonwealth Legislative Powers
    THE ROLE OF NEGATIVE IMPLICATIONS IN THE INTERPRETATION OF COMMONWEALTH LEGISLATIVE POWERS MICHAEL STOKES* One of the bases for the view that Commonwealth powers should be interpreted broadly is the idea that it is wrong to draw negative implications from positive grants of power. The paper argues that far from being wrong to draw negative implications from positive grants of power it is necessary to do so in that it is impossible to interpret such grants sensibly without drawing negative implications from them. This paper considers Isaacs J’s argument in Huddart Parker that it is wrong to draw negative implications from positive grants of power, as it is the most detailed defence of that position, and the adoption of similar arguments in Work Choices. It then considers the merits of Isaacs J’s argument, rejecting it because it is impossible to interpret positive grants of power without drawing negative implications from them in any context and in the Australian constitutional context in particular. This paper looks at how the scope of such implications is to be determined and how constitutional grants of power ought to be interpreted in the light of negative implications. It concludes that it is possible to determine the scope of the negative implications implicit in the s 51 grants of power and to interpret those powers in the light of the implications while accepting that state powers are residual and that their content cannot be determined until the content of all Commonwealth powers is known. CONTENTS I Introduction .............................................................................................................. 176 II The Origin of the Argument That It Is Wrong to Draw Negative Implications from Positive Grants of Power .......................................................
    [Show full text]
  • Caqe ,T-)65 61
    eiF C714rd FF27JAIKL,ti Ckw.i,ZSI CAqE ,t-)65_61,. ;bo'7qra TAE C3h11© I-SuPRLrnE COi.I fF,a,qRh aF- CoFnmi SSiWER.SI 1N fvE: LE VEF2T K. PdE3221't2^. AKC^N.d^l ^f^r's^'L., t.^SES. A- LLCyt:LSTiN P. oSUEL^Sa7.ReGA(a.OGi 115% 511 M.MArN ST ./LMZc^ni.e^l1 4431U< .4AOa.... pE^,' 0 6 Z006 LAWREIJGE R. Sin^TiJ.FS©.,REG.NO.a©2902Es1 ONE CflSCA6E PLZ.. 7t1(.FL..AKR-dN.ON 44 3ej8, MARCIA J NIENGEL, CLERI( AEFTS.,APLEES..RES.... SUPREME CUF;! OF ILELATQiZ.AP('ELLAnfT, PLAu.ITiF'F LEVErc'l` K,C►RIPFrn! MOi IGaI FdR r-N7RY FdOR ALLEGE LdA1rQI.ITN6kI ZE P'cAcT 1 CE aF LAW L6t^^EN AGAwsT ZnTF1 A'T'f'oRAfEYs Lf1ldYER lA1LAPTlOAIEN As AL3ouE SEE NEraLE EXNIL3rT#'^"^4 "C° &IbuS CvMES,RELATafZ.ArPELLqM.PLAinitrFF LEUERT nc.6RIF'FiN.NE(mF3Y PRRY PbfZ RELIEF LLPOni'Ta WlliG.N RELIER CAnr BE GPtAn[TEd. A.rnaTrer.t FrafR Eti1TRY FoR ALLEGE dnrr4uTW0rtraE PreACTrcE aF LAru IoOisEO Afvr^,E6-ra ArTaRuEYs LAwyER. ^nsCA.PTranrE& AS AbevsE_ .SEC r(s,ucE cxAI PEr.li,rmL. L>APPE.FlL As QF R1a13T z^TRFanI Smi?R'Fa L eF RS.Car'.h LEVESZ~1 SOaw Cl-,..uSE- dRDE2 FOp^ REL)Ar11b, MmANf]E& TA)C f'fLEE AT ALL COS*P `TAlS RZEqmCLE5r wER Ciau F3AR rL, U rs 6lFl, PEnrtvAjG AISTddtC A7rVE REL/EF C,u P. RL. 55(a1^6) t*'s4,uERN WJLUE' 7)IE Au7'F1.. SctP CT RL. P"h.'00 , iti{E rgAl2cFoAln RL,$L.LIh^A^t^^JGR^ZEb PrZALT^CECK LAC^/.
    [Show full text]
  • President Roosevelt and the Supreme Court Bill of 1937
    President Roosevelt and the Supreme Court bill of 1937 Item Type text; Thesis-Reproduction (electronic) Authors Hoffman, Ralph Nicholas, 1930- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 26/09/2021 09:02:55 Link to Item http://hdl.handle.net/10150/319079 PRESIDENT ROOSEVELT AND THE SUPREME COURT BILL OF 1937 by Ralph Nicholas Hoffman, Jr. A Thesis submitted to the faculty of the Department of History and Political Science in partial fulfillment of the requirements for the degree of MASTER OF ARTS in the Graduate College, University of Arizona 1954 This thesis has been submitted in partial fulfillment of requirements for an advanced degree at the University of Arizona and is deposited in the Library to be made avail­ able to borrowers under rules of the Library. Brief quotations from this thesis are allowable without spec­ ial permission, provided that accurate acknowledgment of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the head of the major department or the dean of the Graduate College when in their judgment the proposed use of the material is in the interests of scholarship. In all other in­ stances, however, permission must be obtained from the author. SIGNED: TABLE.' OF.GOWTENTS Chapter / . Page Ic PHEYIOUS CHALLENGES TO THE JODlClMXo , V .
    [Show full text]
  • 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]
  • The Importance of Dissent and the Imperative of Judicial Civility
    Valparaiso University Law Review Volume 28 Number 2 Symposium on Civility and Judicial Ethics in the 1990s: Professionalism in the pp.583-646 Practice of Law Symposium on Civility and Judicial Ethics in the 1990s: Professionalism in the Practice of Law The Importance of Dissent and the Imperative of Judicial Civility Edward McGlynn Gaffney Jr. Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Edward McGlynn Gaffney Jr., The Importance of Dissent and the Imperative of Judicial Civility, 28 Val. U. L. Rev. 583 (1994). Available at: https://scholar.valpo.edu/vulr/vol28/iss2/5 This Symposium is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Gaffney: The Importance of Dissent and the Imperative of Judicial Civility THE IMPORTANCE OF DISSENT AND THE IMPERATIVE OF JUDICIAL CIVILITY EDWARD McGLYNN GAFFNEY, JR.* A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the errorinto which the dissentingjudge believes the court to have been betrayed... Independence does not mean cantankerousness and ajudge may be a strongjudge without being an impossibleperson. Nothing is more distressing on any bench than the exhibition of a captious, impatient, querulous spirit.' Charles Evans Hughes I. INTRODUCTION Charles Evans Hughes served as Associate Justice of the Supreme Court from 1910 to 1916 and as Chief Justice of the United States from 1930 to 1941.
    [Show full text]
  • Advisory Opinions and the Problem of Legal Authority
    Vanderbilt Law Review Volume 74 Issue 3 April 2021 Article 5 4-2021 Advisory Opinions and the Problem of Legal Authority Christian R. Burset Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Judges Commons, and the Jurisprudence Commons Recommended Citation Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vanderbilt Law Review 621 (2021) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol74/iss3/5 This Article 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]. Advisory Opinions and the Problem of Legal Authority Christian R. Burset* The prohibition against advisory opinions is fundamental to our understanding of federal judicial power, but we have misunderstood its origins. Discussions of the doctrine begin not with a constitutional text or even a court case, but a letter in which the Jay Court rejected President Washington’s request for legal advice. Courts and scholars have offered a variety of explanations for the Jay Court’s behavior. But they all depict the earliest Justices as responding to uniquely American concerns about advisory opinions. This Article offers a different explanation. Drawing on previously untapped archival sources, it shows that judges throughout the anglophone world—not only in the United States but also in England and British India— became opposed to advisory opinions in the second half of the eighteenth century. The death of advisory opinions was a global phenomenon, rooted in a period of anxiety about common-law authority.
    [Show full text]
  • Edward Douglas White: Frame for a Portrait Paul R
    Louisiana Law Review Volume 43 | Number 4 Symposium: Maritime Personal Injury March 1983 Edward Douglas White: Frame for a Portrait Paul R. Baier Louisiana State University Law Center Repository Citation Paul R. Baier, Edward Douglas White: Frame for a Portrait, 43 La. L. Rev. (1983) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol43/iss4/8 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. V ( TI DEDICATION OF PORTRAIT EDWARD DOUGLASS WHITE: FRAME FOR A PORTRAIT* Oration at the unveiling of the Rosenthal portrait of E. D. White, before the Louisiana Supreme Court, October 29, 1982. Paul R. Baier** Royal Street fluttered with flags, we are told, when they unveiled the statue of Edward Douglass White, in the heart of old New Orleans, in 1926. Confederate Veterans, still wearing the gray of '61, stood about the scaffolding. Above them rose Mr. Baker's great bronze statue of E. D. White, heroic in size, draped in the national flag. Somewhere in the crowd a band played old Southern airs, soft and sweet in the April sunshine. It was an impressive occasion, reported The Times-Picayune1 notable because so many venerable men and women had gathered to pay tribute to a man whose career brings honor to Louisiana and to the nation. Fifty years separate us from that occasion, sixty from White's death.
    [Show full text]
  • LAWS2150 – Federal Constitutional Law Table of Contents
    LAWS2150 – Federal Constitutional Law Table of Contents The Constitution ................................................................................................................................................ 3 Purposes of a Constitution ......................................................................................................................................... 3 Written and unwritten Constitutions .................................................................................................................... 3 Drafting the Constitution ........................................................................................................................................... 3 The High Court and Constitutional Interpretation ................................................................................ 3 Pre-Engineers Approach ............................................................................................................................................. 3 Implied Immunity of Instrumentalities ................................................................................................................................ 3 Reserved State Powers ................................................................................................................................................................. 4 The Engineers Case ....................................................................................................................................................... 5 The Jumbunna Principle
    [Show full text]
  • Union Calendar No. 607
    1 Union Calendar No. 607 110TH CONGRESS " ! REPORT 2d Session HOUSE OF REPRESENTATIVES 110–934 REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON WAYS AND MEANS DURING THE 110TH CONGRESS JANUARY 2, 2009.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 79–006 WASHINGTON : 2009 VerDate Nov 24 2008 22:51 Jan 06, 2009 Jkt 079006 PO 00000 Frm 00001 Fmt 4012 Sfmt 4012 E:\HR\OC\HR934.XXX HR934 sroberts on PROD1PC70 with HEARING E:\Seals\Congress.#13 COMMITTEE ON WAYS AND MEANS CHARLES B. RANGEL, New York, Chairman FORTNEY PETE STARK, California JIM MCCRERY, Louisiana SANDER M. LEVIN, Michigan WALLY HERGER, California JIM MCDERMOTT, Washington DAVE CAMP, Michigan JOHN LEWIS, Georgia JIM RAMSTAD, Minnesota RICHARD E. NEAL, Massachusetts SAM JOHNSON, Texas MICHAEL R. MCNULTY, New York PHIL ENGLISH, Pennsylvania JOHN S. TANNER, Tennessee JERRY WELLER, Illinois XAVIER BECERRA, California KENNY C. HULSHOF, Missouri LLOYD DOGGETT, Texas RON LEWIS, Kentucky EARL POMEROY, North Dakota KEVIN BRADY, Texas STEPHANIE TUBBS JONES, Ohio THOMAS M. REYNOLDS, New York MIKE THOMPSON, California PAUL RYAN, Wisconsin JOHN B. LARSON, Connecticut ERIC CANTOR, Virginia RAHM EMANUEL, Illinois JOHN LINDER, Georgia EARL BLUMENAUER, Oregon DEVIN NUNES, California RON KIND, Wisconsin PAT TIBERI, Ohio BILL PASCRELL, JR., New Jersey JON PORTER, Nevada SHELLY BERKLEY, Nevada JOSEPH CROWLEY, New York CHRIS VAN HOLLEN, Maryland KENDRICK MEEK, Florida ALLYSON Y. SCHWARTZ, Pennsylvania ARTUR DAVIS, Alabama (II) VerDate Nov 24 2008 13:20 Jan 06, 2009 Jkt 079006 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HR\OC\HR934.XXX HR934 sroberts on PROD1PC70 with HEARING LETTER OF TRANSMITTAL U.S.
    [Show full text]
  • 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.
    [Show full text]