The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth (Chief Justiceships of the United States Supreme Court)

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William R. Casto sheds a new light on The usa’s federal judiciary and the changing legal landscape along with his detailed examination of the Supreme Court’s formative years. In a study that spans the period from the Court’s tentative beginnings in the course of the appointment of its third chief justice, Casto reveals a judicial body fairly different in orientation and philosophy from the present Supreme Court and one with a legacy of enduring significance for the U.S. legal system.
Casto portrays the founding of the Supreme Court as a conscious effort to assist the newly established government deal more effectively with national security and foreign policy concerns, and he credits the Court with assisting the Washington and Adams administrations establish stable relationships with Great Britain and France. The initial debate over the Supreme Court’s jurisdiction in addition to over the process of selecting its justices is recalled here.
Casto also reveals the philosophical mindset of the primary Supreme Court, contrasting the eighteenth-century concept of natural law with the legal positivism on which the Supreme Court now relies. The usage of this historical context, he addresses the political controversy over federal common-law crimes, the drafting of the Judiciary Act of 1789, and the adoption of judicial review.

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