Embattled Bench: The Pennsylvania Supreme Court and the Forging of a Democratic Society, 1684-1809University of Delaware Press, 1994 - 366 páginas "This work is the first intensive, scholarly study of the early Pennsylvania Supreme Court. Moreover, it is the first investigation of an early American court from the perspective of broad developments within early society. As such it provides the first serious look at a judicial institution shaping the community within which it functioned and being shaped in turn by forces and developments within that society. The book traces the evolution of the personnel, proceedings, and language of the Pennsylvania high court from its founding in May 1684 to its restructuring under the judicial reforms of 1809." "Rowe thoroughly demonstrates an important change in the court's institutional focus during the American Revolution when the court exhibited both an enhanced interest in the outcome of government prosecutions and a greater concern for the rights of individuals facing criminal charges. The growth of the court's powers are traced as are its accomplishments over time, especially after 1778. Also demonstrated is the process by which the court challenged the executive and legislative branches for authority within the state. Accordingly, the work describes the court's move toward the exercise of judicial review prior to Marshall's landmark Marbury v. Madison (1803) ruling and the course by which the high bench came to be viewed by many as an aristocratic forum, a menace and a barrier to the growth of democracy in Pennsylvania. Rowe examines the steps taken by popular forces in the early nineteenth century to diminish the court's impact and influence, as well as the attempts to remove or intimidate the court's judges." "The importance of this work lies in its evaluation of the court's impact on early Pennsylvanians, white and nonwhite, free and unfree, male and female, young and old, rich and poor. Also documented are the changing role of the court in politics and the evolution of the court's personnel toward greater professionalism. Finally, this book carefully traces the mounting conflict centering on the court as its values and practices increasingly came into conflict with the democratic forces, aspirations, and developments within the state."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved |
Contenido
| 21 | |
| 30 | |
| 46 | |
Stability and a Clearer Identity 17181731 | 63 |
4 Power and New Challenges 17311750 | 79 |
An Expanding and Troublesome Circuit 17501774 | 97 |
The Death and Birth of a Court 17741777 | 121 |
Center Stage 1778 | 137 |
Judicial Activism 17881793 | 201 |
Jurisdictional Struggles 17921799 | 219 |
Ambivalent Verdicts 17771799 | 233 |
On Trial 18001805 | 253 |
The Prosecution Rests 18051809 | 273 |
Epilogue | 290 |
Notes | 292 |
Bibliographical Essay | 342 |
Moderation Established and Debated 17781781 | 150 |
The Law Revised and Defined 17811785 | 164 |
New Powers Old Enemies 17851788 | 180 |
Index | 353 |
Otras ediciones - Ver todas
Embattled Bench: The Pennsylvania Supreme Court and the Forging of a ... Gail Stuart Rowe Vista de fragmentos - 1994 |
Términos y frases comunes
Allen American April Arch argued Assembly Atlee bench Benjamin Benjamin Chew bill Brackenridge Burd Carlisle century charged Charter and Laws Chester County Chew chief justice circuit Cobbett colony colony's commissions constitution convicted Council county courts Court justices crime criminal Dallas decade Dickinson dockets early Edward Shippen English Evans executed federal Gazette George Bryan governor high court History Hugh Henry Brackenridge ibid Indian insisted James Jasper Yeates John Joseph judges judicial judiciary jurisdiction jurors Kinsey Konkle Lancaster land lawyers legislation Legislature Lloyd Logan McKean court ment Morris's Lessee move Oswald oyer and terminer Passmore Penn's Pennsylva Pennsylvania courts Pennsylvania Supreme Court Philadelphia PMHB political practice proceedings prosecution Provincial Court punish Quakers Reed reforms Republicans Revolution role September settlers Smith state's Statutes tenure Thomas McKean Thomas Penn Tilghman tion treason trial vols western William Penn William Tilghman writs York
Pasajes populares
Página 308 - ... for any reasonable cause, which shall not be sufficient ground for impeachment, the Governor may remove any of them on the address of two-thirds of each House of the General Assembly.
Página 21 - That all pleadings, processes, and records in courts shall be short and in English and in an ordinary and plain character, that they may be understood and justice speedily administered.
Página 140 - I do not think, sir, that the absence, sickness, or even death, of Mr. Hooper, could be attended with such a consequence that no other person could be found, who could give the necessary aid upon this occasion : but, what attracts my attention the most, is your observation that you cannot, without great necessity, consent to his being absent. As to that, sir, I shall not ask your consent, nor that of any other person, in or out of the army, whether my precept shall be obeyed or not, in Pennsylvania.
Página 324 - The Proceedings relative to calling the Conventions of 1776 and 1790. The Minutes of the Convention that formed the present Constitution of Pennsylvania, together with the Charter to William Penn, the Constitutions of 1776 and 1790, and a View of the Proceedings of the Convention of 1776, and the Council of Censors.
Página 191 - We are unanimously of opinion, that the state of Connecticut has no right to the lands in controversy.' ' We are also unanimously of opinion, that the jurisdiction and pre-emption of all the territory lying within the charter boundary of Pennsylvania, and now claimed by the state of Connecticut, do of right belong to the state of Pennsylvania...
Página 191 - We are unanimously of Opinion that the State of Connecticut has no right to the Lands in Controversy. — We are also unanimously of Opinion that the Jurisdiction and Preemption of all the Territory lying within the Charter boundary of Pennsylvania and now claimed by the State of Connecticut do of Right belong to the State of Pennsylvania.
Página 315 - Charge from the Bench to the Grand Inquest at a Court of Oyer and Terminer, and general Gaol Delivery, held for the City and County of Philadelphia, April 13, 1736.
Página 327 - Gordon S. Wood, The Creation of the American Republic, 1776-1787 (Chapel Hill: University of North Carolina Press, 1969); JGA Pocock, The Machiavellian Moment: Florentine Political Thought and the Atlantic Republican Tradition (Princeton: Princeton University Press, 1975), and "Virtue and Commerce in the Eighteenth Century," Journal of Interdisciplinary History 3 (1972): 119-34.
Página 56 - ... it that any other Assembly has in the Queen's dominions; among all which this is one constant rule, as in the Parliament here, that they should sit on their own adjournments ; but to strain this expression to a power to meet at all times during the year, without the Governor's concurrence...
Página 26 - ... to the holy law within, should fall under the reproof and correction, of the just law without, in a judicial administration. This the apostle teaches us in divers of his epistles. The law (says he) was added because of transgression...