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Look Inside History of the Supreme Court of the United States

History of the Supreme Court of the United States

Volume 6. Reconstruction and Reunion, 1864–88

Part 1A

$221.00 (R)

Part of Oliver Wendell Holmes Devise History of the Supreme Court of the United States

  • Date Published: November 2009
  • availability: Available
  • format: Hardback
  • isbn: 9780521769303

$ 221.00 (R)

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About the Authors
  • Reconstruction and Reunion, 1864–1888, Part 1A is the first part of the sixth volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. In these volumes, Charles Fairman examines the activity of the Supreme Court during the tenure of Chief Justice Salmon P. Chase, considering issues of procedure, doctrine, technicalities of pleading, and the precedents and consequences of the Court’s work. The first of the two volumes is devoted to judicial politics and the internal history of the Court during the politically and constitutionally turbulent Reconstruction period. Discussions of specific cases as they relate to the constitutional issues that stemmed from the war’s conduct contribute to an overall picture of the Supreme Court’s role in Reconstruction and its relationship to presidential and congressional Reconstruction policies.

    • A comprehensive history of the Supreme Court during a crucial period in the nation's history
    • In-depth discussion of the Court's decisions during this time, with special focus on the 13th, 14th, and 15th amendments and civil rights
    • Now updated with a new general editor's foreword by Stanley N. Katz
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    Reviews & endorsements

    'This almost-immovable feast will guide and inform generations to come; any serious collection or library worth using will have a copy. Determined readers, blessed with good eyesight and sturdy bookrests, will exploit it as a standard by which to measure others' more modestly conceived efforts.' Harold B. Hyman, The American Historical Review

    'Eschewing concepts such as judicial activism and judicial restraint, Fairman for the most part avoids generalization and interpretative summary. An admirer of Thayer and Frankfurter, he writes with judicious restraint and a keen appreciation for the difficulties faced by the court in this period of constitutional stress.' Herman Belz, University of Maryland

    'Charles Fairman's magisterial volume sets an Olympian standard for the Holmes Devise History of the Supreme Court … [H]is book is considerably more than a compendium. It is as well a creative work of historical scholarship. Never before has the political, social, and ideological context of the Court's decisions been set forth with such learning, or with such sensitivity to the surrounding milieu … Professor Fairman has produced a magnum opus. Its appearance is a notable event in the history of American legal scholarship.' Harvard Law Review

    'Finally, my summary view of Fairman's work: the book is an awesome, if sometimes excruciatingly discursive, accomplishment. Its forbidding scope and excellence of detail have to be experienced rather than read about. For once, nomen est omen: the author bends over backward to be fair to all the data he has collected – and that is almost all the data there is.' Gerhard Casper, Columbia Law Review

    'In this massive text (with a table of cases containing about 1,250 entries), Fairman has considered in great depth a far larger portion of the Court's decisions than has any previous scholar … [A]s an authoritative reference work which provides an elaborate and comprehensive tracing of doctrinal lines from one case to another – lines drawn expertly across formal topical boundaries – Reconstruction and Reunion will long stand as an indispensable tool for new scholarship.' American Journal of Legal History

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    Product details

    • Date Published: November 2009
    • format: Hardback
    • isbn: 9780521769303
    • length: 702 pages
    • dimensions: 240 x 160 x 41 mm
    • weight: 1.12kg
    • contains: 16 b/w illus.
    • availability: Available
  • Table of Contents

    1. Chief Justice Chase
    2. The work of the Supreme Court
    3. Reconstruction – by Lincoln and by Johnson
    4. December term 1865: the current quickens
    5. The Milligan and Test Oath cases
    6. Congressional reconstruction: legislation – the Act of March 2, 1867
    7. Supplementary legislation
    8. The Court and congressional reconstruction: March to May 1867
    9. The background of further litigation
    10. Ex parte McCardle and Georgia v. Grant, Meade et al.
    11. Chief Justice Chase and the presidency, 1868
    12. Ex parte Yerger, and the close of congressional reconstruction
    13. A union of 'indestructible states': Virginia v. West Virginia and Texas v. White.

  • Author

    Charles Fairman, Stanford University, California
    Charles Fairman (1897–1988) was Professor of Law, Emeritus, at Harvard Law School. He was the author of numerous articles and books, including The Law of Martial Rule (1930), and Mr. Justice Miller and the Supreme Court (1939). In 1948 he published his casebook, American Constitutional Decisions; and a year later, he published his classic article, 'Does the Fourteenth Amendment Incorporate the Bill of Rights?'

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