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Justice Curtis in the Civil War Era
Stuart Streichler
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Description for Justice Curtis in the Civil War Era
Hardback. This book uses the life and work of lawyer and Supreme Court justice, Benjamin R. Curtis, as a window on the most serious constitutional crisis in American history, the Civil War. The book reassesses Curtis's common-law methods in the context of his times and shows how his views continue to shed light on issues. Num Pages: 304 pages, illustrations. BIC Classification: 1KBB; BGH; HBJK; HBLL; HBWJ; LND. Category: (P) Professional & Vocational; (UP) Postgraduate, Research & Scholarly; (UU) Undergraduate. Dimension: 235 x 156 x 26. Weight in Grams: 612.
During a career as both a lawyer and a Supreme Court justice, Benjamin R. Curtis addressed practically every major constitutional question of the mid-nineteenth century, making judgments that still resonate in American law. Aside from a family memoir written by his brother over one hundred years ago, however, no book-length treatment of Curtis exists. Now Stuart Streichler has filled this gap in judicial biography, using Curtis's life and work as a window on the most serious constitutional crisis in American history, the Civil War. Curtis was the lead attorney for President Andrew Johnson in the Senate's impeachment trial, where he delivered the pivotal argument, and his was an influential voice in the pervasive constitutional struggle between states and the federal government. He is best remembered, however, for dissenting in the Dred Scott case, in which he disputed Chief Justice Taney's proslavery ruling that no black person could ever become a citizen of the United States. In the wake of the decision, Curtis resigned from the court, the only justice in the Supreme Court's history to do so on grounds of principle. Yet he also clashed with Boston's abolitionists over enforcing the Fugitive Slave Act, and he opposed the Emancipation Proclamation. In a period when the Constitution was radically transformed from a charter that protected slavery to one that granted all persons equal rights of citizenship, Justice Curtis maintained his faith in the Constitution as an adaptable instrument of self-government and tried to mark out a path for gradual change. Streichler assesses Curtis's common-law methods in the context of his divisive times and shows how the judge's views continue to shed light on issues that have become once again relevant, such as the presidential impeachment process and, after 9/11, the use of military tribunals to try civilians.
Product Details
Format
Hardback
Publication date
2005
Publisher
University of Virginia Press United States
Number of pages
304
Condition
New
Number of Pages
304
Place of Publication
Charlottesville, United States
ISBN
9780813923420
SKU
V9780813923420
Shipping Time
Usually ships in 15 to 20 working days
Ref
99-5
Reviews for Justice Curtis in the Civil War Era
Curtis was an extremely important political and legal figure during the nineteenth century, yet he remarkably lacks a serious biography.... Professor Streichler does a first-rate job. No need exists for a further biography. - Mark Graber, University of Maryland, author of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism