This podcast will trace the history and evolution of American law from its most ancient roots, through the birth of the common law in medieval England, early colonial and revolutionary American, through the early days of the supreme court, the civil war, through the tumultuous twentieth century and on to the present day. Although legal theory and philosophy will be discussed this is a not a podcast on jurisprudence. The entire podcast will have about 60 installments, each one about thirty minutes in length.
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In this concluding episode on the Civil War and the Constitution we will dicuss the 15th Amendment and the end of Reconstruction. We will examine the many factors that made the crafting of the 15th so difficult, the ratification process, and the efforts to undermine its effectivneess. We will also look at the reasons and circumstances that led to the end of Reconstrution in 1877, and how it has been interpreted by American historians since the end of the Civil War.
In this episode we will talk about the Civil Rights Act of 1866, but primarily we will dicuss the most impactful of the Constitution's Amendments, the Fourteenth. Specifically, the circumstances in the post-war south that compelled its creation, the role it played in Reconstruction, the men who drafted it, the many purposes it was meant to serve, the enacting statutes, and its early interpretation.
In this episode we will examine in some detail, important and transformative federal legislation passed during the second session of the 37th Congress (1861-62), including the Homestead Act, Morrill Act, Legal Tender Act and the Pacific Railroad Act. I will offer an introduction to the Civil War Amendments, the 13th, 14th, and 15th. We will end with thorough examination of the history and wording of the 13th Amendment and its unanticipated legacy.
In this second episode on the monumental impact of the Civil War on law and society, first we will talk some straight up history on why the war proved to be such a prolonged and terrible struggle. Next we will take on the weighty topic of Abraham Lincoln and the Constitution, specifically relating to the right of state secession, the suspension of the Writ of Habeas Corpus, and the Emancipation Proclamation.
In this the first of several episodes on the Civil War era and the Constitution, we will exam the root causes of the Civil War, the institution of slavery, and the factors that contributed to its longevity in America for 250 years. Also the provisions in the Constitution that addressed slavery, and the important state and federal laws that sustained it. We will also look at important pre-war legislation that served to preserve the Union, and lastly a close examination of the Supreme Court and th...
In this final episode we will we look how attitudes and procedures concerning capital crimes evolved, both in England and America. We will also examine the history of confinement in the United States, with a special emphasis on the prison reform movement of the nineteenth century. Lastly, we will discuss criminal law and procedure roughly from the end of WWII to the present day.
This is the second of three episodes on the history of criminal law and procedure in the United States. In this episode we will examine: the history of law enforcement, and specifically unformed police; the vigilante movement, and forms of criminal punishment in early colonial America.
This is the first of two episodes on the history of criminal law and procedure in the United States. In this first installment we will examine some basic definitions of crime, common law crimes, the evolution of the federal government's role in terms of landmark legislation and enforcement, the pivotal rule that the states play in criminal law, and the codification of criminal law.
In this episode we will discuss legal education and the legal profession between the Revolution and the Civil War. In this period the profession matured and truly came into its own. It was a time of tremendous growth in the profession when lawyers exercised ever increasing influence over the political and economic life of the nation. During this time the principle method of educating lawyers was the the apprentice system or more commonly known as "reading the law". It was also a time when the fi...
This episode continues the discussion on "Race and the Supreme Court," tracing the Court's journey from upholding Jim Crow laws and disfranchisement to its pivotal support for civil rights in the mid-20th century, notably with Brown v. Board. It examines the subsequent weakening of these protections, particularly regarding the Voting Rights Act and affirmative action, under recent conservative courts. The episode highlights key cases and judicial philosophies that shaped race relations in America.
Professors Orville Vernon Burton and Armand Derfner discuss their book "Justice Deferred: Race and the Supreme Court," offering a comprehensive look at the Court's rulings on racial minorities. They delve into how the Civil War Amendments, initially aimed at guaranteeing equality, were systematically weakened by Supreme Court decisions, leading to the failure of Reconstruction and setting back civil rights for decades. The discussion highlights the legal system's role in creating and perpetuating racism and the enduring relevance of these historical cases.
In this episode we will explore American law between the Revolution and the Civil War. Sometimes referred to as the Golden Age of American Law, it featured some of the most celebrated lawyers and judges in our history. We will also take a close look at the development of the common law of contracts and torts. I will tell you about John Marshall's successor as Chief Justice of the United States Supreme Court, Roger Brooke Taney and his very different judicial outlook. Lastly we will examine the e...
During the course of the long nineteenth century, a great debate took place between those who wanted to base the law of the United States in common law, and those who wanted it based in codified law. The proponents of the movement had three goals, which can be characterized as procedural, jurisdictional, and aspirational. The movement achieved considerable success with the first two and was at least partially successful with the third. The procedural goal was to replace the elaborate, arcane, an...
In episode twenty-two, we will continue our examination of the early Supreme Court and the staggering impact of Chief Justice John Marshall on the Constitutional development of the early Republic. Most of the cases discussed in the episode were decided between 1810 – 1823, the most productive period in Supreme Court history, during this time Marshall and his fellow justices, were at the height of their intellectual and persuasive powers. Cases discussed include: Fletcher v Peck; United States v....
The podcast explores the Supreme Court's nascent years, highlighting its early struggles and the pivotal arrival of Chief Justice John Marshall. It details the origins and context of Marbury v. Madison, including the Judiciary Act of 1801 and Adams's "midnight appointments," leading to Marshall's strategic ruling that established the judiciary's power to declare laws unconstitutional. The episode also examines the historical precedents of judicial review and Marshall's ingenious methods for elevating the Court's influence and fostering collegiality, solidifying its role as a major force in American life.
In Episode twenty, we will take a close look at the creation and substance of the first ten Amendments of the Constitution of the United States; The Bill of Rights. We will also discuss the three distinct eras of Constitutional growth and the strange story of the twenty-seventh Amendment.
In episode nineteen, we will examine the fight and the procedures utilized for the ratification of the Constitution of the United States. Often treated by historians as little more than a postscript in the process, it did in fact represent, in itself, a great epoch in American political thought and development. The debate and votes which lasted a bit less than a year were thorough, egalitarian, passionate, thoughtful, and non-violent. In addition to ratification it also planted the seeds for the...
In episode eighteen, we will deal with what would prove to be the most contentious issue of the summer proportional representation, discuss some the lessor known contributors to the final form of the Constitution, we will also examine the work of the so called "Committee of Detail" a little discussed but an incredibly influential body on the final form of the Constitution and last the election and power of the executive branch.
In episode seventeen we will continue with our fascinating discussion on Federal Indian Law with one of the most distinguished scholars in the field Professor Matthew L.M. Fletcher. In this wide-ranging interview examining Federal Indian Law from the mid-nineteenth century to the present day, we will cover the 1846 case of United States v. Rogers, the Treaty Era, the Removal Era, the Allotment Era and the 1903 case of Lone Wolf v. Hitchcock. In addition, we will examine the federal government's ...
In Episode 16 we are going to take a break from our linear march through American Legal History to present an interview with Professor Matthew Fletcher. He is in short, the most important legal scholar in the discipline of Federal Indian Law in the United States. Matthew L.M. Fletcher is the Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He also sits as the Chief Justice of the Poarch Band of Creek Indians Supreme Cou...
This is the third of several episodes on the creation, ratification, and implementation of the Constitution of the United States. In this episode we will examine the opening stages of the Constitutional Convention. We will look at James Madison's long preparation process, the venue in which the deliberations took place, and the nature and character of the 55 delegates. Lastly, we will examine the three major plans for the new national government: the Virginia Plan, the New Jersey Plan, and the H...
This is the second of several episodes on the creation, ratification, and implementation of the Constitution of the United States. We will discuss the many factors that led to the decision of 12 of the 13 states' to send delegates to Philadelphia in the summer of 1787. These factors include: the many security threats facing the young republic, the dismal financial state of the Confederation, disputes between the states, and Shay's Rebellion, just to name a few.
This is the first of several episodes on the Constitution of the United States. We will examine the many factors that immerged in the 1780s that led to the calling of the Constitutional Convention. We will also look at the incredible story of the Convention itself, the fascinating personalities and behind the scenes deals that made the document possible. In the episode we will examine the Articles of Confederation, the Confederation Congress, and America in 1787.
In episode twelve we will discuss the end of the so called "quiet period" with the passage of the Tea Act in 1773. The Boston Tea Party and Parliamentary reaction; the First and Second Continental Congress and efforts at reconciliation. We will examine the impact to Tom Paine's earth-shaking pamphlet Common Sense. The drafting, editing, and political theory underpinning the Declaration of Independence and finally the Revolutionary War and the strategies that led to America's improbable victory.
The most interesting fact about the American Revolution, which makes it unique in the annals of all our wars, is that it was the unintended consequence of a dispute about the law. Two principle arguments emerged on both sides of the Atlantic and it was the failure to reconcile these competing views of the law that led to open warfare in 1775, and the decision in 1776 of 13 of the British colonies to declare their independence. In episode eleven we will examine the legal arguments on both sides, ...
In episode ten we will discuss the deadliest war in American history as a proportion to population, King Phillips War. Native American legal culture in the south; the importance of the Amerindian Confederacies in the 17th and 18th centuries. The different perspectives of the Crown and the colonies toward Native peoples. The Marshall trilogy and Indian removal.
In episode nine we will explore the fascinating but often neglected topic of the influence of Amerindians on the law. We will discuss why the English gained supremacy along the North American coast at the expense of other European powers; how "virgin soil epidemics" devastated indigenous peoples throughout the New World; the starkly different world views concerning the possession of land and concepts of ownership; the Amerindian method of dispute resolution and finally the sad legacy of early mi...
In episode eight we will continue our examination of the law in early Colonial America. First, we will examine the trial and banishment from the Massachusetts Bay Colony of Anne Hutchinson in 1637. Next, we will discuss one of the strangest episodes in American legal history, the Salem Witch Trials of 1692. Last, we will take on the codification of law in the 17th century, with a particular emphasis on the 1648 Laws and Liberties of the Massachusetts Bay Colony.
In this episode we will explore the motivations for the founding of colonies in British North America; how their corporate charters served as a template for the organization of their governments; the highly coercive legal system initiated in Jamestown to control the immigrants; the Massachusetts Bay Colony, its founding, leaders, religious beliefs, and governmental structure; a big-picture view of the court structure, and organization throughout the colonies; social services and business regulat...
In Episode Six, Part II, on the birth of the Common Law in Medieval England, we will discuss the origins, legal significance, and enduring legacy of "Magna Charta." In addition, we will examine the abolition of the "ordeals" as the principle method of determining the guilt or innocence of those accused of major crimes, the effect on legal procedure, and the changing role of the jury in wake of their abolition. We will also look at civil justice, and the birth, growth, proliferation, and importan...
