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V. 1798 (1): Justice Paterson and the Missing Fundamental Principle
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Chapters in this book
- Frontmatter i
- Contents vii
- Preface ix
- Introduction 1
-
PART ONE
- I. 1790: Secretary Jefferson and the Foreign Affairs Power 9
- II. 1791: The National Bank and the Point of Interpretation 21
- III. 1793: The Supreme Court and the Metaphysics of Sovereignty 31
- IV. 1794: Kamper v. Hawkins and the Role of the Judiciary 38
- V. 1798 (1): Justice Paterson and the Missing Fundamental Principle 43
-
PART TWO
- VI. 1798 (2): How to Think about the Sedition Act 53
- VII. 1800: Marshall and the Role of the Political Branches 66
- VIII. 1802: How Not to Think about the Judiciary Repeal Act 73
- IX. 1804: Turpin v. Locket and the Place of Religion 85
- X. 1806: Hudgins v. Wright and the Place of Slavery 100
- XI. 1808–1809: A Forgotten Crossroads in Constitutional History 110
-
PART THREE
- XII. 1817: President Madison Vetoes His Own Bill 129
- XIII. 1818: The Congress Thinks about Internal Improvements 137
- XIV. 1821: The Attorney General and the Rule of Law 146
- XV. 1829:Writing State v. Mann 150
-
PART FOUR
- XVI. 1859: The Supreme Court and the Metaphysics of Supremacy 159
- XVII. 1862: Four Attorneys General and the Meaning of Citizenship 171
- XVIII. 1873: Slaughterhouse Revisited 177
- XIX. 1904: Clay May, the Railroad, and Justice Holmes 184
- XX. 1927: Justice Brandeis and the Final End of the State 191
- XXI. 1944: Constitutional Injustice 195
-
PART FIVE
- XXII. 2002: Common Ground after Two Centuries 203
- Conclusion 211
- Notes 215
- Index 241
Chapters in this book
- Frontmatter i
- Contents vii
- Preface ix
- Introduction 1
-
PART ONE
- I. 1790: Secretary Jefferson and the Foreign Affairs Power 9
- II. 1791: The National Bank and the Point of Interpretation 21
- III. 1793: The Supreme Court and the Metaphysics of Sovereignty 31
- IV. 1794: Kamper v. Hawkins and the Role of the Judiciary 38
- V. 1798 (1): Justice Paterson and the Missing Fundamental Principle 43
-
PART TWO
- VI. 1798 (2): How to Think about the Sedition Act 53
- VII. 1800: Marshall and the Role of the Political Branches 66
- VIII. 1802: How Not to Think about the Judiciary Repeal Act 73
- IX. 1804: Turpin v. Locket and the Place of Religion 85
- X. 1806: Hudgins v. Wright and the Place of Slavery 100
- XI. 1808–1809: A Forgotten Crossroads in Constitutional History 110
-
PART THREE
- XII. 1817: President Madison Vetoes His Own Bill 129
- XIII. 1818: The Congress Thinks about Internal Improvements 137
- XIV. 1821: The Attorney General and the Rule of Law 146
- XV. 1829:Writing State v. Mann 150
-
PART FOUR
- XVI. 1859: The Supreme Court and the Metaphysics of Supremacy 159
- XVII. 1862: Four Attorneys General and the Meaning of Citizenship 171
- XVIII. 1873: Slaughterhouse Revisited 177
- XIX. 1904: Clay May, the Railroad, and Justice Holmes 184
- XX. 1927: Justice Brandeis and the Final End of the State 191
- XXI. 1944: Constitutional Injustice 195
-
PART FIVE
- XXII. 2002: Common Ground after Two Centuries 203
- Conclusion 211
- Notes 215
- Index 241