The Chase Court: Justices, Rulings, and Legacy (ABC-Clio Supreme Court Handbooks)

262 Pages·2004·1.78 MB·English

by  Jonathan Lurie

The Chase Court
ABC-CLIO SUPREME COURT HANDBOOKS
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ABC-CLIO SUPREME COURT HANDBOOKS
The Chase Court
Justices,
Rulings, and
Legacy
Jonathan Lurie
ABC-CLIO
Santa Barbara, California • Denver, Colorado • Oxford, England
Copyright © 2004 by Jonathan Lurie
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted, in any form or by any means, electronic, mechani-
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Library of Congress Cataloging-in-Publication Data
Lurie, Jonathan, 1939–
The Chase Court : justices, rulings, and legacy / Jonathan Lurie.
p. cm. — (ABC-CLIO Supreme Court handbooks)
Includes bibliographical references and index.
ISBN 1-57607-821-3 (hardback : alk. paper) — ISBN 1-57607-822-1 (e-book) 1.
United States. Supreme Court—History—19th century. 2. Constitutional history—
United States. 3. Chase, Salmon P. (Salmon Portland), 1808–1873. I. Chase, Salmon P.
(Salmon Portland), 1808–1873. II. Title. III. Series.
KF8742.L87 2004
347.73'26'09—dc22
2004019644
08 07 06 05 04 10 9 8 7 6 5 4 3 2 1
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Contents
Series Foreword, ix
Preface, xiii
PART ONE
Justices, Rulings, and Legacy, 1
1 The Chase Court and the Period, 3
References, 16
2 The Justices, 19
Salmon P. Chase, 20
James Wayne, 27
John Catron, 30
Samuel Nelson, 32
Robert C. Grier, 35
Nathan Clifford, 37
Noah H. Swayne, 39
Samuel F. Miller, 41
David Davis, 43
Stephen J. Field, 46
William Strong, 48
Joseph P. Bradley, 50
Ward Hunt, 52
References, 52
3 Major Decisions, 55
Military Commissions: Ex Parte Milligan(1866), 55
Test Oath Cases:Cummings v. Missouri(1867), 58
vii
viii
Contents
Ex Parte Garland(1867), 59
Congress and the Court: Ex Parte McCardle(1869), 62
Congressional Reconstruction and the Court:
Mississippi v. Johnson(1867), 66
Georgia v. Stanton(1868), 66
Texas v. White(1869), 67
Federalism—State and Federal: Crandall v. Nevada(1868), 68
Veazie Bank v. Fenno(1869), 70
Collector v. Day(1871), 71
Legal Tender Cases:Hepburn v. Griswold(1870), 73
Knox v. Leeand Parker v. Davis(1871), 77
State Police Power and the Fourteenth Amendment:
The Slaughterhouse Cases(1873), 79
Bradwell v. Illinois(1873), 84
References, 85
4 Legacy and Impact, 87
State Authority, 88
Due Process in Wartime, 95
Conclusion, 100
References, 101
PART TWO
Reference Materials, 103
Key People, Laws, and Events, 105
Appendix: Documents, 173
Chronology, 203
Table of Cases, 211
Glossary, 213
Annotated Bibliography, 225
Index, 231
About the Author, 247
Series Foreword
T
here is an extensive literature on the U.S. Supreme Court, but it contains dis-
cussion familiar largely to the academic community and the legal profession.
The ABC-CLIO Supreme Court series is designed to have value to the aca-
demic and legal communities also, but each volume is intended as well for the general
reader who does not possess an extensive background on the Court or American con-
stitutional law. The series is intended to effectively represent each of fourteen periods
in the history of the Supreme Court with each of these fourteen eras defined by the
chief justice, beginning with John Marshall in 1803. Each Court confronted constitu-
tional and statutory questions that were of major importance to and influenced by the
historical period. The Court’s decisions were also influenced by the values of each of
the individual justices sitting at the time. The issues, the historical period, the justices,
and the Courts’ decisions in the most significant cases will be examined in the volumes
of this series.
ABC-CLIO’s Supreme Court series provides scholarly examinations of the Court
as it functioned in different historical periods and with different justices. Each vol-
ume contains information necessary to understand each particular Court and an
interpretative analysis by the author of each Court’s record and legacy. In addition to
representing the major decisions of each Court, institutional linkages are examined
as well—the political connections among the Court, Congress, and the executive
branch. These relationships are important for several reasons. Although the Supreme
Court retains some institutional autonomy, all the Court’s justices are selected by a
process that involves the other two branches. Many of the significant decisions of the
Court involve the review of actions of Congress or the president. In addition, the
Court frequently depends on the other two branches to secure compliance with its
rulings.
The authors for the volumes in this series were selected with great care. Each
author has worked extensively with the Court, the period, and the personalities about
which he or she has written. ABC-CLIO wanted each of the volumes to examine sev-
eral common themes, and each author agreed to work within certain guidelines. Each
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