The Fuller Court: Justices, Rulings, and Legacy (ABC-Clio Supreme Court Handbooks) PDF
Preview The Fuller Court: Justices, Rulings, and Legacy (ABC-Clio Supreme Court Handbooks)
The Fuller Court ABC-CLIO SUPREME COURT HANDBOOKS The Burger Court, Tinsley E. Yarbrough The Fuller Court, James W. Ely, Jr. The Hughes Court, Michael E. Parrish The Stone Court, Peter G. Renstrom The Taft Court, Peter G. Renstrom The Taney Court, Timothy S. Huebner The Waite Court, Donald Grier Stephenson The Warren Court,Melvin I. Urofsky Forthcoming: The Chase Court,Jonathan Lurie The Jay/Ellsworth Court,Matthew P. Harrington The Marshall Court, Robert L. Clinton The Rehnquist Court, Thomas R. Hensley The Vinson Court,Michal R. Belknap The White Court, Rebecca S. Shoemaker Peter G. Renstrom, Series Editor ABC-CLIO SUPREME COURT HANDBOOKS The Fuller Court Justices, Rulings, and Legacy James W. Ely, Jr. Vanderbilt University Law School ABC-CLIO Santa Barbara, California • Denver, Colorado • Oxford, England Copyright © 2003 by James W. Ely, Jr. All rights reserved. No part of this publication may be reproduced, stored in a retrieval sys- tem, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publishers. Library of Congress Cataloging-in-Publication Data Ely, James W., Jr., 1938– The Fuller court: justices, rulings, and legacy / by James W. Ely, Jr. p. cm. — (ABC-CLIOSupreme Court handbooks) Includes bibliographical references and index. ISBN 1-57607-714-4 (hardcover :alk. paper); ISBN 1-57607-715-2 (e-book) 1. United States. Supreme Court—History. 2. Fuller, Melville Weston, 1833–1910. 3. Constitutional history—United States. I. Title. II. Series KF8742.E45 2003 347.73'26'09—dc21 2003012951 07 06 05 04 03 10 9 8 7 6 5 4 3 2 1 ABC-CLIO, Inc. 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper I. Manufactured in the United States of America For Mickey Contents Series Foreword, ix Preface, xi PART ONE Justices, Rulings, and Legacy, 1 1 The Fuller Court and the Period, 3 Gilded Age America, 4 Voices of Discontent, 8 Assembling the Fuller Court, 10 The Fuller Court: An Aggregate Profile, 26 Fuller as Leader, 28 References, 31 2 The Justices, 33 The Lincoln Appointments, 33 The Grant Appointment, 40 The Hayes Appointment, 43 The Garfield Appointment, 46 The Arthur Appointments, 49 The Cleveland Appointments, 55 The Harrison Appointments, 73 The McKinley Appointment, 85 The Roosevelt Appointments, 89 The Taft Appointment, 98 References, 98 3 Significant Decisions, 103 Economic Rights, 105 Commerce among the States, 127 vii viii Contents Civil Liberties and Racial Discrimination, 143 Criminal Justice, 160 Foreign Affairs, 166 Constitutional Polity, 170 Private Litigation, 178 References, 187 4 Legacy and Impact, 189 Place in History, 191 The White Court and Beyond, 195 Lasting Significance, 198 References, 201 PART TWO Reference Materials, 203 Key People, Laws, and Events, 205 Appendix: Selected Documents, 231 Chronology, 273 Table of Cases, 285 Glossary, 291 Annotated Bibliography, 297 Index, 309 About the Author, 319 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 gen- eral reader who does not possess an extensive background on the Court or American constitutional 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 Jay in 1789. Each Court confronted consti- tutional 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 jus- tices, and the Supreme Court’s decisions in the most significant cases will be exam- ined 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 president. These relationships are important for several reasons. Although the 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 fre- quently depends on the other two branches to secure compliance with its rulings. The authors of the volumes in the ABC-CLIO 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 several common themes, and each author agreed to work within certain guidelines. Each author was free, however, to develop the content of each volume, and many of the volumes advance new or distinctive conclusions about the Court under examination. ix
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