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.

Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them.

In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent. The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition. The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record. The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.

On the basis of both civil and criminal suits, some private and some brought by the government, Professor Tachau demonstrates that the federal courts in Kentucky were immediately accessible, visible, and deeply involved in the lives of the people. The actual legal practice revealed in the records thus contradicts much of the conventional wisdom and traditional assumptions about the "inferiority" of the lower federal judiciary and suggests that a major revision of American legal and constitutional history may be in order. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

First Published in 2015. Routledge is an imprint of Taylor & Francis, an Informa company.

Also probed is the part played by the early federal courts in America's neutrality-based foreign policy and in promoting economic enterprise by affording national forums for credit transactions, for corporations, for patent claimants, for those who suffered losses on the sea including maritime labor, and for real property owners and claimants. Political and social control issues, some of historic significance, reached the courts in the mid-Atlantic South. Professor Fish treats the national security impulses that dominated the seditious libel trial of James Callender, the treason trial of Aaron Burr, and the trials of numerous privateers-pirates for violating the nation's piracy and neutrality laws including the first capital case heard by a regularly constituted circuit court. The author explores judges' invocation of higher law, their embrace of a common law of crimes and their perplexity in construing uncertain language in statutes prohibiting the international slave trade.

Annotation st1\: · {behavior:url(£ieooui) } Unparalleled coverage of U.S. political development through a unique chronological frameworkEncyclopedia of U.S. Political History explores the events, policies, activities, institutions, groups, people, and movements that have created and shaped political life in the United States. With contributions from scholars in the fields of history and political science, this seven-volume set provides students, researchers, and scholars the opportunity to examine the political evolution of the United States from the 1500s to the present day. With greater coverage than any other resource, the Encyclopedia of U.S. Political History identifies and illuminates patterns and interrelations that will expand the reader & BAD:rsquo;s understanding of American political institutions, culture, behavior, and change. Focusing on both government and history, the Encyclopedia brings exceptional breadth and depth to the topic with more than 100 essays for each of the critical time periods covered. With each volume covering one of seven time periods that correspond to key eras in American history, the essays and articles in this authoritative encyclopedia focus on thefollowing themes of political history:The three branches of governmentElections and political partiesLegal and constitutional historiesPolitical movements and philosophies, and key political figuresEconomicsMilitary politicsInternational relations, treaties, and alliancesRegional historiesKey FeaturesOrganized chronologically by political erasReader & BAD:rsquo;s guide for easy-topic searching across volumesMaps, photographs, and tables enhance the textSigned entries by a stellar group of contributorsVOLUME 1Colonial Beginnings through Revolution1500 & BAD:ndash;1783Volume Editor: Andrew Robertson, Herbert H. Lehman CollegeThe colonial period witnessed the transformation of thirteen distinct colonies into an independent federated republic. This volume discusses the diversity of the colonial political experience & BAD:mdash;a diversity that modern scholars have found defies easy synthesis & BAD:mdash;as well as the long-term conflicts, policies, and events that led to revolution, and the ideas underlying independence. VOLUME 2The Early Republic1784 & BAD:ndash;1840Volume Editor: Michael A. Morrison, Purdue UniversityNo period in the history of the United States was more critical to the foundation and shaping of American politics than the early American republic. This volume discusses the era of Confederation, the shaping of the U.S. Constitution, and the development of the party system.

Unparalleled coverage of U.S. political development through a unique chronological framework Encyclopedia of U.S. Political History explores the events, policies, activities, institutions, groups, people, and movements that have created and shaped political life in the United States. With contributions from scholars in the fields of history and political science, this seven-volume set provides students, researchers, and scholars the opportunity to examine the political evolution of the United States from the 1500s to the present day. With greater coverage than any other resource, the Encyclopedia of U.S. Political History identifies and illuminates patterns and interrelations that will expand the reader’s understanding of American political institutions, culture, behavior, and change. Focusing on both government and history, the Encyclopedia brings exceptional breadth and depth to the topic with more than 100 essays for each of the critical time periods covered. With each volume covering one of seven time periods that correspond to key eras in American history, the essays and articles in this authoritative encyclopedia focus on the following themes of political history: The three branches of government Elections and political parties Legal and constitutional histories Political movements and philosophies, and key political figures Economics Military politics International relations, treaties, and alliances Regional histories Key Features Organized chronologically by political eras Reader’s guide for easy-topic searching across volumes Maps, photographs, and tables enhance the text Signed entries by a stellar group of contributors VOLUME 1 ?Colonial Beginnings through Revolution ?1500–1783 ?Volume Editor: Andrew Robertson, Herbert H. Lehman College ?The colonial period witnessed the transformation of thirteen distinct colonies into an independent federated republic. This volume discusses the diversity of the colonial political experience—a diversity that modern scholars have found defies easy synthesis—as well as the long-term conflicts, policies, and events that led to revolution, and the ideas underlying independence. VOLUME 2 ?The Early Republic ?1784–1840 ?Volume Editor: Michael A. Morrison, Purdue University No period in the history of the United States was more critical to the foundation and shaping of American politics than the early American republic. This volume discusses the era of Confederation, the shaping of the U.S. Constitution, and the development of the party system. VOLUME 3 ?Expansion, Division, and Reconstruction ?1841–1877 ?Volume Editor: William Shade, Lehigh University (emeritus) ?This volume examines three decades in the middle of the nineteenth century, which witnessed: the emergence of the debate over slavery in the territories, which eventually led to the Civil War; the military conflict itself from 1861 until 1865; and the process of Reconstruction, which ended with the readmission of all of the former Confederate States to the Union and the "withdrawal" of the last occupying federal troops from those states in 1877. VOLUME 4 ?From the Gilded Age through the Age of Reform ?1878–1920 ?Volume Editor: Robert Johnston, University of Illinois at Chicago With the withdrawal of federal soldiers from Southern states the previous year, 1878 marked a new focus in American politics, and it became recognizably modern within the next 40 years. This volume focuses on race and politics; economics, labor, and capitalism; agrarian politics and populism; national politics; progressivism; foreign affairs; World War I; and the end of the progressive era. VOLUME 5 ?Prosperity, Depression, and War ?1921–1945 ?Volume Editor: Robert Zieger, University of Florida Between 1921 and 1945, the U.S. political system exhibited significant patterns of both continuity and change in a turbulent time marked by racist conflicts, the Great Depression, and World War II. The main topics covered in this volume are declining party identification; the "Roosevelt Coalition"; evolving party organization; congressional inertia in the 1920s; the New Deal; Congress during World War II; the growth of the federal government; Franklin D. Roosevelt’s presidency; the Supreme Court’s conservative traditions; and a new judicial outlook. VOLUME 6 ?Postwar Consensus to Social Unrest ?1946–1975 ?Volume Editor: Thomas Langston, Tulane University This volume examines the postwar era with the consolidation of the New Deal, the onset of the Cold War, and the Korean War. It then moves into the 1950s and early 1960s, and discusses the Vietnam war; the era of John F. Kennedy; the Cuban Missile Crisis; the Civil Rights Act; Martin Luther King and the Voting Rights Act; antiwar movements; The War Powers Act; environmental policy; the Equal Rights Amendment; Roe v. Wade; Watergate; and the end of the Vietnam War. VOLUME 7 ?The Clash of Conservatism and Liberalism ?1976 to present ?Volume Editor: Richard Valelly, Swarthmore College ?The troubled Carter Administration, 1977–1980, proved to be the political gateway for the resurgence of a more ideologically conservative Republican party led by a popular president, Ronald Reagan. The last volume of the Encyclopedia covers politics and national institutions in a polarized era of nationally competitive party politics and programmatic debates about taxes, social policy, and the size of national government. It also considers the mixed blessing of the change in superpower international competition associated with the end of the Cold War. Stateless terrorism (symbolized by the 9/11 attacks), the continuing American tradition of civil liberties, and the broad change in social diversity wrought by immigration and the impact in this period of the rights revolutions are also covered.

Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first time exemplary scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law. These articles, written by leading experts in the field and often challenging conventional narratives, underscore the importance of historical perspectives for understanding how an extensive, evolving framework for the regulation of knowledge emerged in the modern period. By tracing intellectual property from an historical perspective - not merely providing justifications in philosophy or economics in the abstract - this book draws upon the past to address contemporary debates over such varied topics as: access to knowledge; policing copyright infringement; whether employees should own the products of their minds; the role of national borders in an age of digital information; and the very future of intellectual property as stakeholders and consumers contest the extent of its legal protection.

With the Constitutional Convention in 1787, America was set on a course to develop a unique system of law with roots in the English common law tradition. This new system, its foundations in Article III of the Constitution, called for a national judiciary headed by a supreme court--which first met in 1790. This book serves as a history of America's national law with a look at those--such as John Jay (the first Chief), James Iredell, Bushrod Washington and James Wilson--who set in motion not only the new Supreme Court, but also the new federal judiciary. These founders displayed great dexterity in maneuvering through the fraught political landscape of the 1790s.