By James W. Ely Jr.
ISBN-10: 1570030189
ISBN-13: 9781570030185
Read or Download The chief justiceship of Melville W. Fuller, 1888-1910 PDF
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Additional resources for The chief justiceship of Melville W. Fuller, 1888-1910
Sample text
Yet in less than a year he was elected to the Illinois House of Representatives from a usually Republican Chicago district. Fueled by resentment of the Emancipation Proclamation, the Democrats captured control of both houses of the legislature in November 1862. Fuller's margin of victory was narrow, and the election results were disputed. 12 It might have been better if Fuller had lost this contest. The 1863 legislative session, known as the "peace" legislature, was perhaps the most contentious in Illinois history.
I have benefited greatly from the generous help of many people in the course of writing this volume. Herbert A. Johnson, the general editor of the chief justices of the United States series, provided constant encouragement and sage advice. I am especially indebted to Herman Belz, Jon W. Bruce, Paul Kens, A. E. Keir Nash, Walter F. , and Nicholas S. Zeppos for reading some or all of the manuscript and offering thoughtful critiques. Donald J. Hall, Paul Janicke, Craig C. Joyce, and Robert K. Rasmussen made keen observations about particular sections of the text.
Although the justices invalidated state laws that infringed upon property rights or interfered with the free flow of interstate commerce, the members of the Fuller Court took federalism seriously. To their minds the federal nature of government gave states wide leeway for social experimentation. The justices were reluctant to disturb the traditional balance of state-federal relations in such areas as criminal justice, race relations, and public morals. This dedication to federalism led the Fuller Court to resist an expansive application of the Bill of Rights to the states.