Who Decides

at 6. 107. Id. at 6–7. 108. Id. at 7; see Treanor, supra note 1, at 479. 109. See Treanor, supra note 1, at 479–80. 110. 1 THE LAW PRACTICE OF ALEXANDER HAMILTON: DOCUMENTS AND COMMENTARY 292–93 (Julius Goebel ed., 1964). 111.

Who Decides

A unique defense of Federalism, making the case that constitutional law in America--encompassing the systems of all 51 governments--should have a role in assessing the right balance of power among all branches of our state and federal governments. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us. In Who Decides, the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety, as opposed to just federal constitutional law. As in his earlier book, 51 Imperfect Solutions, which looked at how American federalism allowed the states to serve as laboratories of innovation for protecting individual liberty and property rights, Sutton compares state-level governments with the federal government and draws numerous insights from the comparisons. Instead of focusing on individual rights, however, he focuses on structure, while continuing to develop some of the core themes of his previous book. An illuminating and essential sequel to his earlier work on the nature of American federalism, Who Decides makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in assessing the right balance of power among all branches of government. Taken together, both books reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has the answers to our vexing constitutional questions.

The American Revolution In the Law

26. the state. Law Practice of Alexander Hamilton, vol. I, pp. 118, 120; see Nelson, “The Eighteenth Century Background', Michigan Law Review, p. 893, Forsey v. Cunningham (N.Y. Sup. Ct., 1763). See for example Wilkie v. Roosevelt, vol.

The American Revolution In the Law

In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Alexander Hamilton and the Persistence of Myth

3 ( July 1995 ) : 467 ; U.S. Senate , Final Report of the Alexander Hamilton Bicentennial Commission , pp . 48–50 . Columbia University Press also published Alexander Hamilton , The Law Practice of Alexander Hamilton : Documents and ...

Alexander Hamilton and the Persistence of Myth

"Knott observes that Thomas Jefferson and his followers, and, later, Andrew Jackson and his adherents, tended to view Hamilton and his principles as "un-American." While his policies generated mistrust in the South and the West, where he is still seen as the founding plutocrat, Hamilton was revered in New England and parts of the mid-Atlantic states. Hamilton's image as a champion of American nationalism caused his reputation to soar during the Civil War, at least in the North. However, in the wake of Gilded Age excesses, progressive and populist political leaders branded Hamilton as the patron saint of Wall Street, and his reputation began to disintegrate."--BOOK JACKET.

Origins of Legislative Sovereignty and the Legislative State

These include reports , letters , proceedings , accounts , communications , and so forth covering the span of his career The massive separate collection at Columbia listed under the rubric " The Law Practice of Alexander Hamilton Papers ...

Origins of Legislative Sovereignty and the Legislative State

This first book of the sixth volume centers on the Revolutionary and Constitutional eras in early American history, while also carrying the story ahead into the early 19th century. How did the American founders adapt and utilize European thought in their political and legal ideas on sovereignty, state, and legislation? Because of the seismic impact of European thought (and classical traditions) on America's foremost founders, it should come as no surprise that some of the most basic documents in the emergent new Republic were significantly influenced by European writings. Subsequent studies will take up the same basic themes in American thought and events from the mid-19th century to the present period.

The Cloaking of Power

Hamilton cites Coke in Rutgers in at least two of his briefs; see Julius Goebel Jr., The Law Practice of Alexander Hamilton, 1:357, 382–83. In his “Letter from Phocion,” published before the trial, Hamilton cites Coke's commentary upon ...

The Cloaking of Power

How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.

ABA Journal

nr 1 HE LAW PRACTICE OF ALEXANDER HAMILTON— DOCUMENTS AND COMMENTARY. Edited by Julius Goebel, Jr. New York: Columbia University Press (for the William Nelson Cromwell Foundation). 1964. $18.50. Volume I. Pages xxiv, 898.

ABA Journal

The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The Founders and Finance

PaulFinkelman, “Alexander Hamilton,Esq.: FoundingFather as Lawyer” (Reviewof Julius Goebel Jr.,and Joseph H. Smith, eds., The Law Practice of Alexander Hamilton, 5vols.[New York: Columbia University Press for William Nelson ...

The Founders and Finance

In 1776 the U.S. owed huge sums to foreign creditors and its own citizens but, lacking the power to tax, had no means to repay them. This is the first book to tell the story of how foreign-born financial specialists—the immigrant founders Hamilton and Gallatin—solved the fiscal crisis and set the nation on a path to long-term economic prosperity.

Alexander Hamilton

The Grange was located nine miles from New York City, so that he could conveniently commute to and from his law office daily.16 Although Hamilton was devoted to each of his eight children, he was particularly fond and proud of his ...

Alexander Hamilton

Alexander Hamilton: America's Forgotten Founder describes the character and achievements of a man who was instrumental in casting the form of our government and especially its strong financial structure. His financial innovations renewed the public credit when war debts threatened to swamp the fledgling economy, provided a stable currency system and established a federal revenue system. Hamilton s involvement in the foreign affairs of the new republic assured its unity, sovereignty and rapid economic growth.

Fallen Founder

Julius Goebel, Jr., ed., The Law Practice of Alexander Hamilton, 5 vols. (New York, 1964–81), I: 197–202; Burrows and Wallace, Gotham, 267. 8. On Duane, see Leo Hershkowitz, “Federal New York: Mayor's of the Nation's First Capital,” in ...

Fallen Founder

From the author of White Trash and The Problem of Democracy, a controversial challenge to the views of the Founding Fathers offered by Ron Chernow and David McCullough Lin-Manuel Miranda's play "Hamilton" has reignited interest in the founding fathers; and it features Aaron Burr among its vibrant cast of characters. With Fallen Founder, Nancy Isenberg plumbs rare and obscure sources to shed new light on everyone's favorite founding villain. The Aaron Burr whom we meet through Isenberg's eye-opening biography is a feminist, an Enlightenment figure on par with Jefferson, a patriot, and—most importantly—a man with powerful enemies in an age of vitriolic political fighting. Revealing the gritty reality of eighteenth-century America, Fallen Founder is the authoritative restoration of a figure who ran afoul of history and a much-needed antidote to the hagiography of the revolutionary era.

The Yale Biographical Dictionary of American Law

Hamilton, Alexander 245 York's anti-Loyalist statutes, passed in the wake of Britain's wartime occupation of New York ... Returning to New York, Hamilton soon had a flourishing law practice that was particularly popular with merchants ...

The Yale Biographical Dictionary of American Law

This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

Law and Judicial Duty

Goebel, ed., The Law Practice of Alexander Hamilton, 1: 310–311. American Intelligence, Columbian Herald (Charleston) (June 17, 1785). This story about the correspondence was soon denied as “wholly void of truth,” but Duane's vanity was ...

Law and Judicial Duty

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty. He shows that the law of the land was understood to rest on the authority of the lawmaker and that what could not be discerned within the law of the land was not considered legally binding. He then shows that judges had a duty to decide in accord with the law of the land. These two ideals—law and judicial duty—together established and limited what judges could do. By reviving an understanding of these common law ideals, Law and Judicial Duty calls into question the modern assumption that judicial review is a power within the judges’ control. Indeed, the book shows that what is currently considered a distinct power of review was once understood as a matter of duty—the duty of judges to decide in accord with the law of the land. The book thereby challenges the very notion of judicial review. It shows that judges had authority to hold government acts unconstitutional, but that they enjoyed this power only to the extent it was required by their duty. In laying out the common law ideals, and in explaining judicial review as an aspect of judicial duty, Law and Judicial Duty reveals a very different paradigm of law and of judging than prevails today. The book, moreover, sheds new light on a host of misunderstood problems, including intent, manifest contradiction, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.

The Papers of Alexander Hamilton

The first volume of this distinguished work , which is entitled The Law Practice of Alexander Hamilton , was published by the Columbia University Press in 1964 . Many letters and documents have been calendared .

The Papers of Alexander Hamilton


The Papers of Alexander Hamilton

The first volume of this distinguished work , which is entitled The Law Practice of Alexander Hamilton , was published by the Columbia University Press in 1964 . Many letters and documents have been calendared .

The Papers of Alexander Hamilton


The Papers of Alexander Hamilton June 1793 Jan 1794

The first volume of this distinguished work , which is entitled The Law Practice of Alexander Hamilton , was published by the Columbia University Press in 1964 . Many letters and documents have been calendared .

The Papers of Alexander Hamilton  June 1793 Jan 1794


The Papers of Alexander Hamilton July 1792 Oct 1792

The first volume of this distinguished work , which is entitled The Law Practice of Alexander Hamilton , was published by the Columbia University Press in 1964 . Many letters and documents have been calendared .

The Papers of Alexander Hamilton  July 1792 Oct 1792


The Papers of Alexander Hamilton Feb 1793 June 1793

The first volume of this distinguished work , which is entitled The Law Practice of Alexander Hamilton , was published by the Columbia University Press in 1964 Many letters and documents have been calendared .

The Papers of Alexander Hamilton  Feb 1793 June 1793


Alexander Hamilton and the Political Order

Hamilton's legal papers have been published as The Law Practice of Alexander Hamilton : Documents and Commentary , edited by Joseph Goebel , Jr. and Joseph H. Smith ( last 3 vols . ) , by the Columbia . University Press in 5 volumes ...

Alexander Hamilton and the Political Order

This study examines Hamilton's political thought with a view to his effort of making the American regime function more effectively than it had under the Articles of Confederation. Contents: Revolutionary Leadership and the Problem of Power; Hamilton's Plan of Government and the Resuscitation of Republicanism; Hamilton's Understanding of the American Constitution; Jefferson's Understanding of the American Constitution; Hamilton's Report on Manufactures and Political Philosophy; Hamiltonian Statesmanship and the Washington Presidency; The Political Thought of Hamilton's Statesmanship; The Peculiar Distinctiveness of the American Constitution; Appendix: The Kentucky and Virginia Resolutions and the Crisis of the Constitution.

Alexander Hamilton

The Law Practice of Alexander Hamilton : Documents and Commentary . Vol . I. Columbia University Press , 1964 . A detailed , technical analysis of Hamilton's positions on the law , this work provides the full text of legal documents not ...

Alexander Hamilton

A biography, picture portfolio, and collection of quotations to describe the man who was a Revolutionary War hero, an aide and advisor to George Washington, a framer of the Constitution, and the first Secretary of the Treasury of the newly formed United States.

Alexander Hamilton and Political Factions in New York to 1787

CHAPTER VI RUTGERS V. WADDINGTON Hamilton's postvar law practice reflected the fact that suits brought under the Trespass Act far exceeded those brought under the other anti - Loyalist acts . The action brought by Elizabeth Rutgers ...

Alexander Hamilton and Political Factions in New York to 1787


The Rise and Fall of Alexander Hamilton

The other important , newly available source is The Law Practice of Alexander Hamilton , volumes I and II , edited by Julius Goebel , Jr. , and published by Columbia University Press , volume I in 1964 and volume II in 1969 ...

The Rise and Fall of Alexander Hamilton