In late March 1807 Aaron Burr arrived in Richmond, Virginia, in a vile mood, filthy and stinking. He had just endured a month of hard travel under heavy guard through the dense forests of the Southeast. “It is not easy for one who has been robbed and plundered till he had not a second shirt,” he complained to a friend, “to contend with a Govt having millions at command and active and vindictive agents in every quarter.” Read more »
Most jurists and constitutional scholars today would probably contend that the most controlling precedent to be set in the early republic was laid down in the 1803 Marbury v. Madison decision. While a formidable ruling, it was not, however, the decisive moment—at least not to people at the time. The hinge event in the early history of the judiciary was President John Adams’s appointment of John Marshall as chief justice of the Supreme Court in 1801.Read more »
By every sensible standard, John Marshall deserves superbly his sobriquet of “the great Chief Justice.” He deserves it, that is, by every standard save only the mincing and squeamish view of a “proper” judicial attitude that prevails in these milk-toast times.
Supreme Court vacancies have provoked fierce, colorful—and wholly partisan—battles since the earliest years of the Republic
When Thurgood Marshall announced his retirement from the United States Supreme Court last June, politicians and pundits across the country bewailed the President’s succumbing to “politics” when selecting Marshall’s replacement.Read more »
The framers of the Constitution were proud of what they had done but might be astonished that their words still carry so much weight. A distinguished scholar tells us how the great charter has survived and flourished.
The American Constitution has functioned and endured longer than any other written constitution of the modern era. It imbues the nation with energy to act while restraining its agents from acting improperly. It safeguards our liberties and establishes a government of laws, not of men and women. Above all, the Constitution is the mortar that binds the fifty-state edifice under the concept of federalism; it is the symbol that unifies nearly 250 million people of different origins, races, and religions into a single nation.Read more »
For the last several years congressional committees and presidential task forces have been nattering back and forth about what should be done to change the legal order that establishes and specifically empowers and regulates the nation’s banks. They have dealt with their subject as a collection of technical problems they could solve: a bit of oil here, a tightened bolt there, a replacement for a blown gasket—and the old machine will be as good as new. But, in fact, our banking problems are systemic: we need a new machine.Read more »
As we commemorate the anniversary of the founding of our nation we are conscious of a paradox: we have almost miraculously maintained the continuity of those institutions which the Founding Fathers created, but in large measure we have betrayed the principles that animated them.Read more »
Between its grim beginning on a Virginia plantation and its surprising end at a great New York estate, the career of Nancy Randolph involved many of the famous figures of the post-Revolutionary era. The lovers, the scorned ex-suitor, the cheated wife, all four were cousins in a great southern dynasty. This tale of hate and “honor” is recounted by a descendant of Edmund Randolph, the first Attorney General of the United States
The story of Anne Gary Randolph, called Nancy, is strangely interwoven with that of her spectacular cousin, John Randolph of Roanoke, and touches other famous names in unfamiliar moments; it gives us a glimpse into the intimate history of the times. Her career opened with tragedy before she had come of age, pursued a course of wretchedness and poverty while she was still a young woman, and ended, as she was touching middle age, in serene happiness and contentment.