Judicial Power and Reconstruction Politics
University of Chicago Press, 1968
Cloth: 978-0-226-46540-1 | Electronic: 978-0-226-46543-2
DOI: 10.7208/chicago/9780226465432.001.0001
Cloth: 978-0-226-46540-1 | Electronic: 978-0-226-46543-2
DOI: 10.7208/chicago/9780226465432.001.0001
ABOUT THIS BOOKAUTHOR BIOGRAPHYTABLE OF CONTENTS
ABOUT THIS BOOK
A study of the Supreme Court in the wake of the Dred Scott decision.This book investigates the political and public standing of the Supreme Court following the Dred Scott decision. Arguing against interpretations by previous historians, Kutler asserts instead that the "Chase Court" was neither enfeebled by the decision itself, nor by congressional Republicans during reconstruction. Instead, Kutler suggests that during reconstruction, the Court was characterized by forcefulness and judicious restraint rather than timidity and cowardice, holding a creative and determining role rather than abdicating its rightful powers. This volume assembles a series of essays by Kutler arguing for this characterization. Provocative and persuasive at turns, this collection of essays provides a bold and innovative reinterpretation of the Supreme Court after the Civil War.
AUTHOR BIOGRAPHY
Stanley I. Kutler was a historian at University of Wisconsin Madison.TABLE OF CONTENTS
Cover
Half-title
Title
Copyright
Dedication
Preface
1. Traditions and Alternatives
2. The Healing Wound: The Supreme Court and National Politics, 1857-1866
3. Reconstruction Politics and the Supreme Court
4. Congress and the Supreme Court: The Game of Numbers and Circuits
5. Congress and the Supreme Court: The "Abortive Revolution"
6. The Supreme Court and Reconstruction: Judicial Impotence?
7. The Expansion of Power: Judicial Activism
8. The Expansion of Power: New Jurisdiction
9. The Supreme Court in the Reconstruction Era
Bibliographical Essay
Index