The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815

Оглавление

Beveridge Albert Jeremiah. The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815

PREFACE

LIST OF ABBREVIATED TITLES MOST FREQUENTLY CITED

THE LIFE OF JOHN MARSHALL

CHAPTER I. DEMOCRACY: JUDICIARY

CHAPTER II. THE ASSAULT ON THE JUDICIARY

CHAPTER III. MARBURY VERSUS MADISON

CHAPTER IV. IMPEACHMENT

CHAPTER V. BIOGRAPHER

CHAPTER VI. THE BURR CONSPIRACY

CHAPTER VII. THE CAPTURE AND ARRAIGNMENT

CHAPTER VIII. ADMINISTRATION VERSUS COURT

CHAPTER IX. WHAT IS TREASON?

CHAPTER X. FRAUD AND CONTRACT

APPENDIX

APPENDIX A. The Paragraph Omitted from the Final Draft of Jefferson's Message to Congress, December 8, 18011508

APPENDIX B. Letter of John Taylor "of Caroline" to John Breckenridge containing arguments for the Repeal of the Federalist National Judiciary Act of 18011510

APPENDIX C. Cases of which Chief Justice Marshall may have heard before he delivered his Opinion in Marbury vs. Madison.1512 Also Recent Books and Articles on the Doctrine of Judicial Review of Legislation

APPENDIX D. Text, as generally accepted, of the Cipher Letter of Aaron Burr to James Wilkinson, dated July 29, 18061514

APPENDIX E. Excerpt from Speech of William Wirt at the Trial of Aaron Burr1515

APPENDIX F. Essential Part of Marshall's Opinion on Constructive Treason delivered at the Trial of Aaron Burr, on Monday, August 31, 18071517

WORKS CITED IN THIS VOLUME

Отрывок из книги

Adams: U.S. See Adams, Henry. History of the United States.

Ames. See Ames, Fisher. Works.

.....

The philosophy of the Virginia and Kentucky Resolutions had now become the ruling doctrine of the Republican Party. The writer of the creed of State Rights sat in the Executive chair, while in House and Senate Virginia and her daughter Kentucky ruled the Republican majority. The two States that had declared the right and power of any member of the Union to pronounce a National law unconstitutional, and that had actually asserted a National statute to be null and void, had become the dominant force in the National Government.

The Federalist majority in the legislatures of ten States,312 it is true, had passed resolutions denouncing that anti-National theory, and had vigorously asserted that the National Judiciary alone had the power to invalidate acts of Congress.313 But in none of these States had the Republican minority concurred. In all of them the Republicans had vigorously fought the Federalist denial of the right and power of the States to nullify National laws, and had especially resisted the Federalist assertion that this power was in the National Judiciary.

.....