Reconstruction and reunion, 1864-1888

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Reconstruction and reunion, 1864-1888

by Charles Fairman

（History of the Supreme Court of the United States, v. 6-7）

Cambridge University Press, 2010

  • pt. 1 A : hardback
  • pt. 1 B : hardback
  • pt. 2 : hardback

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Originally published: Macmillan, 1971-1987

Description and Table of Contents

Volume

pt. 2 : hardback ISBN 9780521769181

Description

With this seventh volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, Charles Fairman completes his study of the Supreme Court in the post-Civil War period of 1864-88. In the previous volume, Fairman covered the Chief Justiceship of Salmon P. Chase; the present volume deals with the tenure of Morrison R. Waite, President Grant's fifth choice for the office. Fairman explores the significance of the Court's tentative first steps on the unending road of decisions designed to clarify and resolve some of the most persistent issues of American public law, and of a national common market. Fairman identifies the reconciliation between North and South as the most pressing issue during the Reconstruction. Accordingly, the Court was forced to mediate between the new liberties proclaimed by the post-Civil War amendments and enforcement measures and the structure of the federal system bequeathed to it by the Founders of the Republic.

Table of Contents

  • 1. Grant finds a Chief Justice
  • 2. Waite, C.J., joins the court
  • 3. Legislation to enforce the post-war amendments: 1866-72
  • 4. The Civil Rights Act of 1875
  • 5. Judicial response to the new legislation I: difficulties at the threshold
  • 6. Judicial response to the new legislation II: Minor, Reese, and Cruikshank
  • 7. Public aid to railroads
  • eminent domain
  • and rate regulation: the Granger cases
  • 8. Extension of federal jurisdiction
  • 9. Decisions on the enforcement statutes (1880)
  • 10. The renewal of the court
  • 11. The civil rights cases (1883)
  • 12. The Pacific Railroad and the public domain
  • 13. The commerce clause
  • 14. The court and the police power
  • 15. Reviewing the conduct of government
  • 16. The court and the law of nations
  • 17. The close of an epoch.
Volume

pt. 1 A : hardback ISBN 9780521769303

Description

Reconstruction and Reunion, 1864-1888, Part 1A is the first part of the sixth volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. In these volumes, Charles Fairman examines the activity of the Supreme Court during the tenure of Chief Justice Salmon P. Chase, considering issues of procedure, doctrine, technicalities of pleading, and the precedents and consequences of the Court's work. The first of the two volumes is devoted to judicial politics and the internal history of the Court during the politically and constitutionally turbulent Reconstruction period. Discussions of specific cases as they relate to the constitutional issues that stemmed from the war's conduct contribute to an overall picture of the Supreme Court's role in Reconstruction and its relationship to presidential and congressional Reconstruction policies.

Table of Contents

  • 1. Chief Justice Chase
  • 2. The work of the Supreme Court
  • 3. Reconstruction - by Lincoln and by Johnson
  • 4. December term 1865: the current quickens
  • 5. The Milligan and Test Oath cases
  • 6. Congressional reconstruction: legislation - the Act of March 2, 1867
  • 7. Supplementary legislation
  • reflections
  • 8. The Court and congressional reconstruction: March to May 1867
  • 9. The background of further litigation
  • 10. Ex parte McCardle and Georgia v. Grant, Meade et al.
  • 11. Chief Justice Chase and the presidency, 1868
  • 12. Ex parte Yerger, and the close of congressional reconstruction
  • 13. A union of 'indestructible states': Virginia v. West Virginia and Texas v. White.
Volume

pt. 1 B : hardback ISBN 9780521769600

Description

Reconstruction and Reunion, 1864-1888, Part 1B is the second part of the sixth volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. In these volumes, Charles Fairman examines the activity of the Supreme Court during the tenure of Chief Justice Salmon P. Chase, considering issues of procedure, doctrine, technicalities of pleading, and the precedents and consequences of the Court's work. The second of the two parts enumerates and examines specific issues that confronted the Supreme Court during this period, including the Legal Tender Act litigation, property confiscation and wartime private contracts in the South, and railroad bond-aid controversies. Part 1B also provides a comprehensive discussion of the Thirteenth and Fourteenth Amendments and the Civil Rights Act. The concluding chapter is a summation of Salmon P. Chase's chief justiceship and the significance of his tenure for the Supreme Court and its history.

Table of Contents

  • 14. The Legal Tender Cases
  • 15. Consequences of the confederacy I: confiscation, clemency, and contracts
  • 16. Consequences of the confederacy II: the cotton tax, and a church schism
  • 17. Municipal bonds I: conflict in Iowa
  • 18. Municipal bonds II: from 1870
  • 19. The Thirteenth Amendment and the Civil Rights Act
  • 20. The Civil Rights Act reconsidered, and the Fourteenth Amendment
  • 21. Privileges of citizens of the United States: the Slaughter House Cases
  • 22. The Chief Justiceship of Chase
  • Table of cases.

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