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Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board - David M. O'brien - Bog - University Press of Kansas - Plusbog.dk

Marbury v. Madison - William E. Nelson - Bog - University Press of Kansas - Plusbog.dk

Marbury v. Madison - William E. Nelson - Bog - University Press of Kansas - Plusbog.dk

Goldwater v. Carter - Joshua E. Kastenberg - Bog - University Press of Kansas - Plusbog.dk

Goldwater v. Carter - Joshua E. Kastenberg - Bog - University Press of Kansas - Plusbog.dk

Goldwater v. Carter tells the story of the Supreme Court ruling that upheld President James Earl Carter''s unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People''s Republic of China. Senator Barry Goldwater and other members of Congress brought a lawsuit against Carter, arguing that the president needed Senate approval to take this action. President Carter''s actions in recognizing the People''s Republic of China were both a continuation of a process begun by President Richard Nixon and a milestone in foreign policy that survived legal and political intervention. In their decision, the Supreme Court placed the removal of the United States from treaties squarely in the political, rather than the constitutional, arena. Goldwater contended that if Carter could withdraw from the treaty with Taiwan, then another president could theoretically withdraw from NATO and thereby endanger the global political order. Ironically, years later President Donald Trump, who stood in the mold of Goldwater''s brand of conservatism, posed this very threat. Joshua Kastenberg places the case of Goldwater v. Carter in the larger context of executive power. While presidential power had increased in the wake of FDR''s New Deal, Congress curbed this expansion during the Vietnam conflict, placing restrictions on the presidency in areas of foreign policy and national security that had not been seen since the defeat of the League of Nations in the Senate in 1919. The Court''s decision in favor of Carter, however, marked a return to the growth of the "imperial presidency," which has only continued to expand.

DKK 554.00
1

Gibbons v. Ogden - Herbert A. Johnson - Bog - University Press of Kansas - Plusbog.dk

Gibbons v. Ogden - Herbert A. Johnson - Bog - University Press of Kansas - Plusbog.dk

What began as a standoff between competing steamship entrepreneurs ended as one of the Supreme Court's most significant cases. Gibbons v. Ogden in 1824 brought into sharp relief the ongoing tug-of-war for power between individual states and the federal government. By applying the Commerce Clause of the Constitution, the Court set a key precedent for federal authority. But, behind the scenes, the ""Steamboat Case"" also demonstrated Chief Justice John Marshall's instrumental role as mediator on the bench. Untangling the issues and the arguments in Gibbons, Herbert Johnson reveals the lasting impact of this landmark case on both commerce in the Early Republic and the understanding and growth of federal power during the last 200 years. Johnson brings the case's protagonists--including Marshall and Daniel Webster--vividly to life and deftly illuminates its key aspects: the ambiguity of the Court's judgment; Justice William Johnson's nationalist-oriented concurring opinion; Marshall's avoidance of such key issues as the role of the dormant commerce clause and the relationship of foreign trade, interstate commerce, and diplomatic relations; and Marshall's failure to address patents and state monopolies. Perhaps most significant, the author challenges the traditional view that Gibbons established that the Constitution bestowed upon Congress an exclusive power to regulate interstate commerce. Drawing on recent research into the early Court, Johnson shows how Gibbons provides a salient example of Marshall's ability to gain agreement despite severe differences among his colleagues. No longer surrounded by fellow Federalists on the bench, Marshall mustered all of his managerial skills to achieve consensus, and his opinion for the Court reflected the concessions and agreements that he engineered to achieve near unanimity in a decision that favored federal power without establishing a definitive endorsement of it. Johnson shows that the outcome of this case was a key moment in the economic history of the nation, heralding the expansion of entrepreneurship and technology while justifying federal primacy in the regulation of commerce. Concise and ideally suited for the classroom, his study not only provides new insight into this landmark case but also attests to its significance in the working of the early Court. This book is part of the Landmark Law Cases and American Society series.

DKK 536.00
1

Gibbons v. Ogden - Herbert A. Johnson - Bog - University Press of Kansas - Plusbog.dk

Gibbons v. Ogden - Herbert A. Johnson - Bog - University Press of Kansas - Plusbog.dk

What began as a standoff between competing steamship entrepreneurs ended as one of the Supreme Court's most significant cases. Gibbons v. Ogden in 1824 brought into sharp relief the ongoing tug-of-war for power between individual states and the federal government. By applying the Commerce Clause of the Constitution, the Court set a key precedent for federal authority. But, behind the scenes, the ""Steamboat Case"" also demonstrated Chief Justice John Marshall's instrumental role as mediator on the bench. Untangling the issues and the arguments in Gibbons, Herbert Johnson reveals the lasting impact of this landmark case on both commerce in the Early Republic and the understanding and growth of federal power during the last 200 years. Johnson brings the case's protagonists--including Marshall and Daniel Webster--vividly to life and deftly illuminates its key aspects: the ambiguity of the Court's judgment; Justice William Johnson's nationalist-oriented concurring opinion; Marshall's avoidance of such key issues as the role of the dormant commerce clause and the relationship of foreign trade, interstate commerce, and diplomatic relations; and Marshall's failure to address patents and state monopolies. Perhaps most significant, the author challenges the traditional view that Gibbons established that the Constitution bestowed upon Congress an exclusive power to regulate interstate commerce. Drawing on recent research into the early Court, Johnson shows how Gibbons provides a salient example of Marshall's ability to gain agreement despite severe differences among his colleagues. No longer surrounded by fellow Federalists on the bench, Marshall mustered all of his managerial skills to achieve consensus, and his opinion for the Court reflected the concessions and agreements that he engineered to achieve near unanimity in a decision that favored federal power without establishing a definitive endorsement of it. Johnson shows that the outcome of this case was a key moment in the economic history of the nation, heralding the expansion of entrepreneurship and technology while justifying federal primacy in the regulation of commerce. Concise and ideally suited for the classroom, his study not only provides new insight into this landmark case but also attests to its significance in the working of the early Court. This book is part of the Landmark Law Cases and American Society series.

DKK 231.00
1

Niagra 1814 - Richard V. Barbuto - Bog - University Press of Kansas - Plusbog.dk

Niagra 1814 - Richard V. Barbuto - Bog - University Press of Kansas - Plusbog.dk

Most books on the War of 1812 focus on the burning of Washington, D.C., the Battles of Baltimore and New Orleans, and the war in the Old Northwest. Scant attention, however, has been paid the Niagara Campaign of 1814-the American army''s ambitious but failed attempt to wrest Canada from British control. While a few writers have dealt with aspects of this effort, Richard Barbuto is the first to offer a comprehensive study of the entire campaign.Barbuto covers every aspect of a campaign that saw the American army come of age, even as its military leaders blundered away potential victory and the acquisition of a coveted expanse of North American territory. Vividly recreating the major battles on the Niagara peninsula-at Chippawa, Lundy''s Lane, Fort Erie, and Cook''s Mill-Barbuto also clairifes the role of these engagements within the overall framework of American strategy.Despite early success at Chippawa, four long months of fighting finally ended in something like a draw, with the British still in control of Canada. Barbuto argues convincingly that the American government was never really able to harness, coordinate, and focus its tremendous resources in ways that would have allowed the campaign to succeed. Much of the blame, he shows, can be attributed to the poor leadership and confused strategic thinking of President James Madison and his secretary of war, John Armstrong.The American effort was further undermined by manpower shortages, a few ineffective field commanders, and the army and navy''s inability to coordinate their objectives and operations. Even so, Barbuto contends that the American soldier, led by the likes of Jacob Brown and the legendary Winfield Scott, performed surprisingly well against one of the great armies of the nineteenth century.Barbuto''s analysis, unmarred by national bias, presents a balanced picture of these events from the perspective of all participants-American, British, Canadian, and Native American. He also fills an important gap by providing the first ever capsule histories of all regimental-sized units involved in the campaign. Breathing new life into these events, his far-ranging study should become the definitive work on this long-neglected campaign.

DKK 544.00
1