The Supreme Court under Marshall and Taney [Paperback]

In preparing the long-awaited second edition of his well-liked text, Kent Newmyer consulted the best and most relevant of the recent scholarship on the antebellum Court, prompting him to revise important points in the story of the Court’s evolution.

Nevertheless, the revised edition of the text retains the basic format and the conceptual premise of the original: the unique contributions of the Marshall and Taney courts taken together laid the foundation for the modern institution. Understanding the Supreme Court during its formative period provides useful insights into its continued (and hotly debated) involvement in shaping American society. Seminal cases that came before the Court, such as Marbury v. Madison and Dred Scott v. Sanford are examined in detail.

Besides touting a thoroughly revised bibliographical essay, the second edition of The Supreme Court under Marshall and Taney includes an entirely new bank of illustrations and an index of important cases, making it perfect as supplementary reading for the U.S. history survey as well as courses in U.S. legal history and the history of the Early Republic.

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

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