The Role of Circuit Courts in the Formation of United States Law in the Early Republic

Following Supreme Court Justices Washington, Livingston, Story and Thompson

David Lynch

• Publisher: Hart Publishing
• Year: 2018
• Print ISBN: 9781509939473
• eBook ISBN: 9781509910878
• Edition: 1
• Topic: Law
• Subtopic: Early American History
• Index: Law

While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

Table of contents

• Acknowledgements
• Table of Contents
• Table of Cases
• Introduction
• 1 The Supreme Court Justices and the Circuit Court Experiment
• 2 The Federal Circuit Courts: Shaping Local and National Justice for an Emerging Republic
• 3 Bushrod Washington: The Role of Precedent and the Preservation of Vested Interests
• 4 Henry Brockholst Livingston: Consolidating Mercantile Law
• 5 Joseph Story: Admiralty Expertise and the Importation of Common Law
• 6 Justice Smith Thompson: Promoting Commerce, State Sovereignty and the Protection of the Cherokee Nation
• Conclusion
• Appendix A: Reversal Rates
• Appendix B: Majority opinions delivered by the justices
• Appendix C: Legal Education and Prior Judicial Experience of United States Supreme Court Justices 1801–1835
• Bibliography
• Index