Presidential Commission on the Supreme Court of the United States
- ↑ Stuart v. Laird, 5 U.S. (1 Cranch) 299 (1803). Justice William Paterson wrote the opinion for the Court; Chief Justice Marshall had recused himself from hearing the case when it came before the Court, perhaps because he had heard the case when it was before his circuit court. See Justin Crowe, Building the Judiciary: Law, Courts, and the Politics of Institutional Development 76 (2012).
- ↑ Stuart, 5 U.S. (1 Cranch) at 309.
- ↑ Michael J. Klarman, How Great Were the “Great” Marshall Court Decisions?, 87 Va. L. Rev. 1111, 1124–25 (2001).
- ↑ David P. Currie, The Constitution in the Supreme Court: The First Hundred Years, 1789–1888, at 78 n.102 (1985).
- ↑ Letter from Chief Justice Marshall to Henry Clay (Dec. 22, 1823), reprinted in Ruth Wedgwood, Cousin Humphrey, 14 Const. Comment 247, 267–69 (1997).
- ↑ Act of Feb. 24, 1807, ch. 16, 2 Stat. 420.
- ↑ See William M. Wiecek, Murdock v. Memphis: Section 25 of the 1789 Judiciary Act and Judicial Federalism, in Origins of the Federal Judiciary, supra note 10, at 225–29.
- ↑ Carl B. Swisher, The Taney Period, 1836–1864, in 5 The Oliver Wendell Holmes Devise History of the Supreme Court of the United States 4 (2010).
- ↑ Daniel Walker Howe, What Hath God Wrought: The Transformation of America, 1815–1848, at 280 (2007).
- ↑ McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819); Osborn v. Bank of the U.S., 22 U.S. (9 Wheat.) 738 (1824).
- ↑ See John Marshall’s Defense of McCulloch v. Maryland (Gerald Gunther ed., 1969).
- ↑ Ch. 148, 4 Stat. 411 (1830).
- ↑ 30 U.S. (5 Pet.) 1 (1831).
- ↑ 31 U.S. (6 Pet.) 515 (1832).
- ↑ See Richard E. Ellis, The Union at Risk: Jacksonian Democracy, States’ Rights, and the Nullification Crisis 116 (1987) (quoting the observations of William Wirt, attorney for the Cherokee Nation, regarding “public considerations connected with the state of the country (particularly the open resistance of South Carolina), and the extremely ticklish predicament of Georgia”).
- ↑ See Howe, supra note 46, at 441.
- ↑ Andrew Jackson, Veto Message (July 10, 1832), reprinted in 2 A Compilation of the Messages and Papers of the Presidents, 1789–1897, at 576, 582 (James D. Richardson ed., 1898) (“The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both.”).
- ↑ See Howe, supra note 46, at 441.
- ↑ See Curtis Nettels, The Mississippi Valley and the Federal Judiciary, 1807–1837, 12 Miss. Valley Hist. Rev. 202 (1925).
- ↑ Id. at 210 (“Extension of the circuit courts was delayed until 1837 because it entailed a decision as to the permanent structure of the whole judiciary upon which all parts of the country could not agree.”).
- ↑ Id. at 226; Howe, supra note 46 at 441 (“All five of [President Jackson’s] last round of appointees came from the slave states … .”).
- ↑ Howe, supra note 46, at 441.
- ↑ Act of Mar. 3, 1837, ch. 34, 5 Stat. 176. The Act is also known as the Eighth and Ninth Circuits Act.
- ↑ See Swisher, supra note 45, at 62–65.
- ↑ Nettels, supra note 56, at 225.
- ↑ The Supreme Court of the United States, 1 U.S. Mag. & Democratic Rev. 143, 143 (1838).
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