Judicial power and Reconstruction politics / Stanley I. Kutler.

Format:

Book

Author/Creator:

Kutler, Stanley I., author.

Contributor:

American Council of Learned Societies.

Series:

ACLS Humanities E-Book.

Language:

English

Subjects (All):

Law.

Physical Description:

ix, 178 p. : port. ; 23 cm.

Place of Publication:

London, England : University of Chicago Press, [1968]

Summary:

A study of the Supreme Court in the wake of the Dred Scott decision. This book investigates the political and public standing of the Supreme Court following the Dred Scott decision. Arguing against interpretations by previous historians, Kutler asserts instead that the "Chase Court" was neither enfeebled by the decision itself, nor by congressional Republicans during reconstruction. Instead, Kutler suggests that during reconstruction, the Court was characterized by forcefulness and judicious restraint rather than timidity and cowardice, holding a creative and determining role rather than abdicating its rightful powers. This volume assembles a series of essays by Kutler arguing for this characterization. Provocative and persuasive at turns, this collection of essays provides a bold and innovative reinterpretation of the Supreme Court after the Civil War.

Contents:

Cover

Half-title

Title

Copyright

Dedication

Preface

Contents

1. Traditions and Alternatives

2. The Healing Wound: The Supreme Court and National Politics, 1857-1866

3. Reconstruction Politics and the Supreme Court

4. Congress and the Supreme Court: The Game of Numbers and Circuits

5. Congress and the Supreme Court: The "Abortive Revolution

6. The Supreme Court and Reconstruction: Judicial Impotence?

7. The Expansion of Power: Judicial Activism

8. The Expansion of Power: New Jurisdiction

9. The Supreme Court in the Reconstruction Era

Bibliographical Essay

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9780226465432

0226465438