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R. Kent Newmyer is Distinguished Alumni Professor, Emeritus, at the University of Connecticut, and Professor of Law and History at the University of Connecticut School of Law, where he teaches courses in American constitutional and legal history. His teaching and research specialty is the legal and political history of the early republic. His judicial biography, Joseph Story: Statesman of the Old Republic (1985), received the Littleton-Griswold Award from the American Historical Association for the best book on law and society for 1985; a Certificate of Merit from the American Bar Association; and the Benchmark Book Award for 1985-86 in recognition of its contribution to legal history and the role of the judiciary. His most recent work, John Marshall and the Heroic Age of the Supreme Court (2001), received the Jules and Frances Landry Award from LSU Press and was the winner of the Fifth Annual Library of Virginia Award for the best nonfiction book for 2002.
Foreword vii
Preface and Acknowledgments xi
Chapter One. The Framework of Judicial Statesmanship 1
Limitations on Judicial Lawmaking 6
The Potential of Judicial Statesmanship 10
The Court and The Men and Women on It 16
Chapter Two. John Marshall and the Consolidation of National Power 18
The Struggle for Judicial Power: Marbury v. Madison 22
Consolidating National Power 39
A Philosophy of National Power 52
Chapter Three. Capitalism and the Marshall Court: Judicial Review in Action
55
The Marshall Court, State Power, and Agrarian Capitalism 59
The Court and the Rise of the American Business Corporation 70
Retreat under Fire 79
Chapter Four. The Taney Court: Democracy Captures the Citadel 89
King Andrew's Court 92
Corporations and The Court: The New Look 94
The Taney Court and The Commerce Clause 101
Continuity Versus Change: The Haunting Presence of John Marshall 108
The Case for Judicial Statesmanship 113
Chapter Five. The Court's Time of Troubles: Slavery, Sectionalism, and War
118
The Court and Slavery 122
The Fugitive Slave Question 123
Slavery in the Territories 127
Enter Dred Scott 131
Pitfalls of Judicial Discretion 138
The War Years: The Court Survives 142
Chapter Six. The Legacy of the Supreme Court under Marshall and Taney 146
Bibliographical Essay 153
Glossary of Legal Terms 170
The Supreme Court, 1801-1864 172
Index of Cases 176
Index 179
Illustrations follow page 88
