Presidential Commission on the Supreme Court of the United States
- ↑ See generally Eric Foner, The Second Founding: How the Civil War and Reconstruction Remade the Constitution (2019).
- ↑ U.S. Const. amend. XIII.
- ↑ U.S. Const. amend. XIV; Foner, supra note 64, at xix.
- ↑ U.S. Const. amend. XV.
- ↑ 60 U.S. (19 How.) 393, 403, 404 (1856); see also Don E. Fehrenbacher, The Dred Scott Case: Its Significance in American Law and Politics 322 (1978) (“Only one thing was absolutely certain. Dred Scott had lost his eleven-year legal battle for freedom in the last court of appeal. Seven of the nine justices agreed that at law he was still a slave.”).
- ↑ Dred Scott, 60 U.S. (19 How.) at 407. On Taney’s misuse of Founding-era history, see Martha S. Jones, Birthright Citizens: A History of Race and Rights in Antebellum America 131 (2018) (noting, in a monograph documenting the ways in which free Black Baltimoreans seized rights in the courtroom and in everyday life, that “Chief Justice Taney concluded that only those who had been citizens of the individual states at the time of the Constitution’s adoption could be citizens of the United States. To reach this decision, he set forth his own view of history”).
- ↑ Frederick Douglass, The Dred Scott Decision: Speech, Delivered, in Part, at the Anniversary of the American Abolition Society, Held in New York, May 14th, 1857, in Two Speeches by Frederick Douglass 25, 31–32 (1857), https://www.loc.gov/resource/mfd.21039/?sp=25.
- ↑ Speech at Springfield, Ill. (June 26, 1857), in 2 Collected Works of Abraham Lincoln 398, 401, 404 (Roy P. Basler ed., 1953).
- ↑ First Inaugural Address (Mar. 4, 1861), in 4 Collected Works of Abraham Lincoln, supra note 71, at 262, 268.
- ↑ Crowe, supra note 38, at 133.
- ↑ See Wheeler & Harrison, supra note 19, at 12.
- ↑ Id.
- ↑ Act of July 15, 1862, ch. 178, 12 Stat. 576 (Eighth and Ninth Circuits); Act of Mar. 3, 1863, ch. 100, 12 Stat. 794 (Tenth Circuit). The Justices were David Davis of Illinois (Eighth Circuit), Samuel Miller of Iowa (Ninth), and Stephen Field of California (Tenth).
- ↑ Act of July 23, 1866, ch. 210, 14 Stat. 209.
- ↑ See Fallon, Manning, Meltzer & Shapiro, supra note 9, at 27 n.44.
- ↑ William M. Wiecek, The Reconstruction of Federal Judicial Power, 1863–1875, 13 Am. J. Legal Hist. 333, 333 (1969).
- ↑ See, e.g., Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869) (upholding jurisdiction-stripping legislation). But see United States v. Klein, 80 U.S. (13 Wall.) 128 (1871) (invalidating jurisdiction-stripping legislation).
- ↑ See Crowe, supra note 38, at 132 (“Contrary to the view that the election of Abraham Lincoln and the ascendance of the Radical Republicans effectively resulted in a circumscribed and cowering Supreme Court, the events of the Civil War and Reconstruction empowered rather than dismantled the federal courts.” (citations omitted)).
- ↑ See Jurisdiction and Removal Act of 1875, ch. 137, 18 Stat. 470.
- ↑ See Habeas Corpus Act of 1867, ch. 28, 14 Stat. 385.
- ↑ See Jurisdiction and Removal Act of 1875, ch. 137, 18 Stat. 470.
- ↑ See Civil Rights Act of 1866, ch. 31, 14 Stat. 27; Enforcement Act of 1870, ch. 114, 16 Stat. 140; Enforcement (Ku Klux Klan) Act of 1871, ch. 22, 17 Stat. 13; Civil Rights Act of 1875, ch. 114, 18 Stat. 335.
- ↑ Steffel v. Thompson, 415 U.S. 452, 464 (1974) emphasis omitted) (quoting Felix Frankfurter & James M. Landis, The Business of the Supreme Court 65 (1928)).
- ↑ 83 U.S. (16 Wall.) 36 (1873).
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