The Waite Court: Justices, Rulings, and Legacy (ABC-Clio Supreme Court Handbooks) PDF
Preview The Waite Court: Justices, Rulings, and Legacy (ABC-Clio Supreme Court Handbooks)
The Waite 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, Jr. 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 Waite Court Justices, Rulings, and Legacy Donald Grier Stephenson, Jr. ABC-CLIO Santa Barbara, California • Denver, Colorado • Oxford, England Copyright © 2003 by Donald Grier Stephenson, 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 The Waite Court : justices, rulings, and legacy / by Donald Grier Stephenson, Jr. p. cm. — (ABC-CLIO Supreme Court handbooks) Includes bibliographical references and index. ISBN 1-57607-829-9 (hardcover : alk. paper); ISBN 1-57607-830-2 (e-book) 1. United States. Supreme Court—History—19th century. 2. Waite, Morrison R. (Morrison Remick), 1816–1888. 3. Constitutional history—United States. I. Title. II. Series. KF8742.S742 2003 347.73'26'09034—dc22 2003020338 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 In memory of my father Donald Grier Stephenson (1911–2002) and in honor of my grandson Jackson Kincaid Coyle, winsome young man of two Contents Series Foreword, ix Preface, xi PART ONE Justices, Rulings, and Legacy, 1 1 The Waite Court and the Period, 3 Legacy of the Chase Court, 4 The Waite Court: A Collective Portrait, 10 Assembling the Waite Court, 16 A Changing America, 33 Expanding Jurisdiction, Exploding Docket, 35 The Business of the Waite Court, 38 The Waite Court at Work, 47 References, 51 2 The Justices, 55 The Buchanan Appointment, 57 The Lincoln Appointments, 63 The Grant Appointments, 88 The Hayes Appointments, 110 The Garfield Appointment, 121 The Arthur Appointments, 127 The Cleveland Appointment, 138 References, 142 3 Major Decisions, 145 Prelude: The Reconstruction Amendments and The Slaughterhouse Cases, 145 Civil Rights, 153 The Bill of Rights, 169 vii viii Contents Due Process of Law and the State Police Power, 188 The Commerce Clause, 200 References, 219 4 Legacy and Impact, 221 Part Classical, Part Modern: The Waite Bench as a Transition Court, 223 The Justices and the Electoral Commission of 1877, 228 Waite as Court Leader, 236 The Waite Court at the Bar of History, 244 References, 251 PART TWO Reference Materials, 255 Key People, Laws, and Events, 257 Chronology, 285 Table of Cases, 293 Glossary, 299 Annotated Bibliography, 309 Index, 329 About the Author, 351 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 pe- riods 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 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 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 in- terpretative 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 in- volves 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 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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