The American Revolution In the Law

Stimson, Shannon C.

doi:10.1515/9781400861477

Cited by 6 publications

(3 citation statements)

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“…24 It emphasizes that judicial review was not much discussed in a direct way at the Constitutional Convention. 25 It showcases that during the late 1770s and early 1780s, state constitutions lodged judicial appointment with legislatures to tie the judiciary closer to the people. However, by the early 1800s, the judge's image seemed curiously and rapidly rehabilitated.…”

Section: A Judges As Representatives Of Popular Sovereignty: Accmentioning

confidence: 99%

Before the Countermajoritarian Difficulty: Regime Unity, Loyal Opposition, and Hostilities toward Judicial Authority in Early America

Engel

2009

Stud. Am. Pol. Dev.

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Traditional accounts of presidential hostility toward judicial authority rely on the federal judiciary's structure for explanatory leverage, focusing particularly on the court's potential to reach countermajoritarian rulings. By evaluating executive-judicial relations during the early republic, that is, the years prior to the Civil War, I suggest that anti-court sentiment stemmed not only from antipathy toward unelected judges or the seemingly undemocratic possibilities of judicial review, but also from a civic republican apprehension toward opposition. I show, first, that Jefferson, Jackson, and Van Buren considered open and stable opposition to be a harbinger of civil unrest and strove to preserve unity among the federal branches, and second, that this fear and corresponding aspiration toward unity underlay these presidents' concerns about judicial authority. As such, I argue that the presumption of the judiciary's countermajoritarian difficulty could be understood as a political development rather than a structural anomaly of the Constitution. In making this claim, I highlight the power of entrepreneurial presidents to drive conceptual change. Furthermore, focusing on the politics of opposition as a key element in the development of presidential-judicial relations broadens how we think of civic republicanism as an organizing political principle, defining not only early American political culture and electoral politics, but also influencing matters of governance.

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Section: A Judges As Representatives Of Popular Sovereignty: Accmentioning

confidence: 99%

Before the Countermajoritarian Difficulty: Regime Unity, Loyal Opposition, and Hostilities toward Judicial Authority in Early America

Engel

2009

Stud. Am. Pol. Dev.

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“…"39 He reminded his brother that such attempts had been made before and gave several specific reasons why people might support a reorganization of the courts. The Peril, in which these Establishments manifestly are ... [also] may be found [1] in the local Interests of the different Counties at any Distance from the Seat of Justice; [2] in the Interests of the attorneys who swarm in every part of the State and in the House of Delegates; [3] in the plausible and popular nature of the Theory that Justice should be brought home to Men's Doors and [4] that it should be cheap, easy, and expeditious; [5] in the Love of Change which half of the world believe to be synonymous with Improvement; [6] in the Disgust of Parties who have lost their Causes and their money at Annapolis or Easton, and [7] who imagine they would have done better in the County Court; and [8] a thousand other Causes that a long speech only could enumerate: o By using language that emphasized public ignorance and discontent, Pinkney played down the issues of principle. But his strategy for defeating the change clearly recognized its roots in both Democratic and anti-lawyer opinion.…”

Section: Anti-lawyer Radicalismmentioning

confidence: 99%

“…3 Other legal historians have often stressed that fundamentally different conceptions of law, lawyers, judges, juries, and courts shaped the legal politics of Americans in the post-revolutionary years. 4 Developments in Maryland offer an excellent opportunity to explore such issues further. From 1790 to 1810 a reform movement in the state led to important changes in the legal system.…”

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confidence: 99%

Distrust of the Legal Establishment in Perspective: Maryland During the Early National Years

Sawyer

1993

SSRN Journal

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D espising lawyers has been popular for centuries, and knowing when to take it seriously is often difficult. I Since the 1640s in England, vicious attacks on lawyers and the common law have occasionally accompanied reform movements. Are these outbursts evidence of a long-term tradition of radical hostility towards the legal establishment? Or do they point to a tradition of political posturing with little real substance?With respect to early America, some very good historians have come to differing conclusions on these questions. Maxwell Bloomfield suggests that, while radical in tone, the attack on lawyers was rooted in essentially middle-class values and was not seriously connected to an ideology of social leveling or egalitarianism. 2 He nevertheless demonstrates elegantly that the anti-lawyer sentiment of the Jacksonian period was part of a longer-term and culturally pervasive pattern. Richard Ellis's work, in partial contrast, documents radical attacks on the legal establishment during the Jeffersonian years, notably in Kentucky, Massachusetts, and Pennsylvania. 3 Other legal historians have often stressed that fundamentally different conceptions of law, lawyers, judges, juries, and courts shaped the legal politics of Americans in the post-revolutionary years. 4 Developments in Maryland offer an excellent opportunity to explore such issues further. From 1790 to 1810 a reform movement in the state led to important changes in the legal system. The legislature codified testamentary law and

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Rituale, Rache oder Reintegration? “Community Justice” — auch ein Element der Kustodalisierung?

Prätorius¹

2004

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The American Revolution In the Law

Cited by 6 publications

References 0 publications

Before the Countermajoritarian Difficulty: Regime Unity, Loyal Opposition, and Hostilities toward Judicial Authority in Early America

Before the Countermajoritarian Difficulty: Regime Unity, Loyal Opposition, and Hostilities toward Judicial Authority in Early America

Distrust of the Legal Establishment in Perspective: Maryland During the Early National Years

Rituale, Rache oder Reintegration? “Community Justice” — auch ein Element der Kustodalisierung?

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