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Publié par | Everest Media LLC |
Date de parution | 03 mai 2022 |
Nombre de lectures | 0 |
EAN13 | 9781669397717 |
Langue | English |
Poids de l'ouvrage | 1 Mo |
Informations légales : prix de location à la page 0,0150€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.
Extrait
Insights on Justice John Paul Stevens's Five Chiefs
Contents Insights from Chapter 1 Insights from Chapter 2 Insights from Chapter 3 Insights from Chapter 4 Insights from Chapter 5 Insights from Chapter 6 Insights from Chapter 7 Insights from Chapter 8 Insights from Chapter 9
Insights from Chapter 1
#1
I wrote this book to share memories of the three judges who had the most influence on me during my time at the Northwestern University School of Law: Nathaniel Nathanson, Louis Brandeis, and Fred Vinson. I did not intend to provide a comprehensive review of their jurisprudence or tenures, but instead to improve public understanding of their work and the office they each occupied with honor.
#2
The chief justice of the United States is the first among equals in the Court. He has only one vote, and he must convince as many colleagues to join him as necessary to achieve a desired outcome.
Insights from Chapter 2
#1
The US Constitution provides that the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as Congress shall from time to time ordain and establish. In 1789, Congress enacted the first Judiciary Act, which formally created a Supreme Court, composed of six judges, and a network of inferior courts.
#2
In 1793, Congress passed the Judiciary Act, which changed the common-law rule that prevented private citizens from suing unconsenting sovereigns. The Chisholm decision was not welcome by states saddled with debts and threatened with insolvency.
#3
John Marshall, who was appointed by John Adams in 1801, served as the fourth chief justice from 1801 until his death in 1835. He is best known for his opinions in Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden.
#4
The case is famous for establishing the Court’s authority to declare an act of Congress unconstitutional. However, Marshall did not explain why the statute was unconstitutional. I have never understood why he concluded that the statute was unconstitutional.
#5
Marshall’s opinions in McCulloch and Gibbons upheld the power of Congress to establish a national bank and invalidated an attempt by the State of Maryland to tax the business of the bank. The first holding was based on an interpretation of the last paragraph of Article I, Section 8 of the Constitution, which provides that in addition to the specific powers enumerated in that section, Congress may make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.
#6
The Fifth Chief Justice of the Supreme Court, Roger Taney, wrote the majority opinion in the Dred Scott case, which held that a slave did not become free when taken into a free state, that Congress could not bar slavery in a territory, and that African Americans could not be citizens of the United States or their own states.
#7
The Supreme Court under Morrison Waite, the seventh chief, decided 3,470 cases during his fourteen-year tenure. He wrote 872 of the opinions, which illustrates the important role he played in efficiently discharging the Court’s responsibilities.
#8
The Judiciary Act of 1891, which was passed by Congress, led to a decrease in the workload of the Supreme Court. It created a new layer of appellate courts, known as circuit courts of appeals, that handled most of the appeals from decisions of federal trial courts.
#9
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