The Role of the Supreme Court in American Government and Politics, 1835-1864

Charles Grove Haines

• Publisher: University of California Press
• Year: 2023
• Print ISBN: 9780520350359
• eBook ISBN: 9780520350366
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

The Role of the Supreme Court in American Government and Politics, 1835–1864 by Charles Grove Haines and Foster H. Sherwood offers the definitive study of the Taney Court and its place in the turbulent decades leading up to and including the Civil War. Originally begun by the distinguished constitutional historian Charles Grove Haines and completed after his death by his colleague Foster H. Sherwood, this volume builds on Haines’s meticulous case studies to provide a comprehensive analysis of how the Court both shaped and was shaped by the defining political conflicts of the era.

Covering topics from corporate rights and the commerce clause to state sovereignty and the institution of slavery, the book examines the Court’s reasoning in landmark cases such as *Charles River Bridge*, *Groves v. Slaughter*, *The Amistad*, and *Cooley v. Board of Wardens*. Central to the narrative is the Dred Scott decision, its searing dissent, and its profound consequences for American politics. The volume also explores Abraham Lincoln’s fraught relationship with the Court, the limits of judicial power under wartime executive authority, and the development of procedures for adjudicating boundary disputes between states. Throughout, Haines and Sherwood illuminate the interplay between constitutional doctrine, judicial leadership under Chief Justice Roger B. Taney, and the larger currents of Jacksonian democracy, sectional crisis, and civil war. Both a legal history and a study of institutional development, The Role of the Supreme Court in American Government and Politics, 1835–1864 remains an indispensable resource for scholars of constitutional law, political science, and nineteenth-century American history.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1957.

Table of contents

• Cover
• Title
• Copyright
• Contents 1
• CHAPTER I
• THE PRINCIPLES AND POLICIES OF THE JACKSONIAN DEMOCRATS
• The Impact of Political Trends upon Legal and Political Thinking from 1800 to 1840
• THE SUPREME COURT AND JACKSONIAN DEMOCRACY
• ROGER BROOKE TANEY BECOMES CHIEF JUSTICE
• JUSTICE JOSEPH P. STORY AND HIS CONSTITUTIONAL DOCTRINES
• CHAPTER II
• Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge and Others69
• City of New York v. Miln86
• Briscoe v. Bank of Kentucky100
• CHAPTER III
• BANK OF AUGUSTA V. EARLE
• LOUISVILLE, CINCINNATI, AND CHARLESTON RAIL-ROAD CO. V. LETSON
• Marshall v. Baltimore and Ohio Railroad Co.164
• CHAPTER IV
• UNITED STATES V. THE AMISTAD196
• Groves v. Slaughter230
• Rowan et al. v. Runnels77
• THE STATUS OF FUGITIVE SLAVES AND THE ATTITUDE OF THE SUPREME COURT
• CHAPTER V
• THE LICENSE CASES
• The Passenger Cases306
• Cooley v. Board of Wardens of the Port of Philadelphia341
• PENNSYLVANIA v. WHEELING AND BELMONT BRIDGE Co.352
• UNITED STATES v. MARIGOLD"
• Veazie et al. v. Moor366
• CHAPTER VI
• THE FISCAL BANK BILL
• THE BANKRUPTCY ACT
• Peck v. Jenness16
• Holmes v. Jennison400
• UNITED STATES V. GRATIOT54
• POLLARD V. HAGAN55
• MARTIN V. WADDELL’S LESSEE58
• Dobbins v. Commissioners of Erie County60
• THE HABEAS CORPUS BILL
• THE BOOTH CASES AND THE POWER OF THE FEDERAL GOVERNMENT To ENFORCE ITS LAWS WITHOUT STATE INTERFERENCE
• CHAPTER VII
• PROCEDURE FOR SETTLING CONTROVERSIES BETWEEN STATES UNDER THE ARTICLES OF CONFEDERATION
• THE FEDERAL CONSTITUTIONAL CONVENTION AND THE SETTLEMENT OF INTERSTATE DISPUTES
• THE CONTROVERSY BETWEEN NEW YORK AND NEW JERSEY
• BOUNDARY DISPUTES BETWEEN RHODE ISLAND AND MASSACHUSETTS
• OTHER CASES INVOLVING BOUNDARY DISPUTES PRESENTED TO THE SUPREME COURT BEFORE THE CIVIL WAR
• CHAPTER VIII
• JUDICIAL SUPERVISION OF THE EXECUTIVE DEPARTMENT
• THE FEDERAL JUDICIAL POWER IN ITS RELATION TO THE STATES
• THE SOURCES OF JUDICIAL POWER AND THE EXTENT OF LEGISLATIVE
• CHAPTER IX
• STATE BANKRUPTCY LEGISLATION AND THE RIGHTS OF PRIVATE
• STATE CONTRACTS WITH CORPORATIONS
• STATE REGULATION OF BANKS
• THE OHIO BANK TAX EXEMPTION CONTROVERSY
• CHAPTER X
• THE MAJORITY OPINIONS
• THE DISSENTERS
• THE SEQUEL AND EVALUATION OF THE CASE
• CHAPTER XI
• LINCOLN’S VIEWS ON THE ROLE OF THE JUDICIARY IN AMERICAN GOVERNMENT
• REPUBLICAN STRATEGY UNDER THE LEADERSHIP OF LINCOLN
• WARTIME EXECUTIVE DOMINATION OF THE COURT AND CURTAILMENT OF JUDICIAL POWER As REVEALED IN Ex PARTE MERRYMAN
• CHAPTER XII
• THE BLOCKADE OF SOUTHERN PORTS
• JUDICIAL CAPITULATION TO THE EXECUTIVE
• TANEY’S RESISTANCE TO EXECUTIVE DOMINATION OF THE FEDERAL GOVERNMENT
• CHAPTER XIII
• THE RELATIONSHIP BETWEEN THE FEDERAL AND THE STATE GOVERNMENTS
• THE PROTECTION OF VESTED PROPERTY RIGHTS AND THE RIGHTS OF
• JUDICIAL SUPREMACY AND THE DOCTRINE OF THE SEPARATION OF
• Table of Cases
• Index