A study of the eighth Chief Justice of the United States
and of the constitutional and legal issues present during
his tenure
In this comprehensive interpretation of the
Supreme Court during the pivotal tenure of
Melville W. Fuller, James W. Ely Jr., provides a judicial
biography of the man who led the Court from 1888
until 1910 as well as a comprehensive and thoughtful
analysis of the jurisprudence dispensed under his
leadership. Highlighting Fuller's skills as a judicial
administrator, Ely argues that a commitment to economic
liberty, the security of private property, limited
government, and states' rights guided Fuller and his
colleagues in their treatment of constitutional issues.
Ely directly challenges the conventional idea that
the Fuller Court adopted laissez-faire principles
in order to serve the needs of business. Rather Ely
presents the Supreme Court's efforts to safeguard
economic rights not as a single-minded devotion to
corporate interests but as a fulfillment of the propertyconscious
values that shaped the constitution-making
process in 1787. The resulting study illuminates a
range of related legal issues, including the Supreme
Court's handling of race relations, criminal justice,
governmental authority, and private law disputes.
James W. Ely Jr. is the Milton R. Underwood
Professor of Law emeritus and a professor of history
emeritus at Vanderbilt University. He is the author
or editor of sixteen books, including The Guardian of
Every Other Right: A Constitutional History of Property
Rights, Railroads and American Law, The Oxford
Companion to the Supreme Court of the United States, and The Bill of Rights in Modern America.
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