President Jefferson's Three Appointments to the Supreme Court of the United States: 1804, 1807, and 1807

In endeavoring to set the stage for an examination and analysis of Mr. Jefferson's three appointments to the Supreme Court of the United States, a summary glance into those of his two predecessors, George Washington and John Adams, both Federalists, is apposite.     

Jefferson's Legacy to the Supreme Court: Freedom of Religion

Except for Rhode Island, each of the thirteen American colonies created some form of established religion. The English venturists who undertook settlements in New England and Virginia simply assumed that religion would be inextricably tied to their colonial enterprises. ¹ The 1606 charter creating the Virginia colony required that all ministers preach Christianity that followed the “doctrine, rights, and religion now professed and established within the realme of England”—in other words, the Church of England. ² To bolster the struggling Jamestown settlement, in 1610–11, Sir Thomas Dale promulgated “Articles, Lawes, and Orders, Divine, Politic, and Martiall for the Colony in Virginia.” Clergymen were to read “Dale's Laws,” as they were labeled, to assemblies every Sabbath. The thirty‐seven rules included eight that specifically referred to God and prohibited impiety, blasphemy, sacrilege, and irreverence toward preachers or ministers. The sixth law was particularly notable for its strict religious requirements and harsh penalties for violations: “Every man and woman duly twice a day … shall … repair unto the Church to divine service upon pain of losing his or her days allowance for the first omission, for the second to be whipped, and for the third to be condemned to the Gallies for six months. Likewise no man or woman shall dare to violate or break the Sabbath by any gaming … but duly sanctify and observe the same, both himself and his family, by preparing themselves at home with private prayer, that they may be better fitted for the public according to the commandments of God and the orders of our Church. …” ³ Colonists faced the death penalty after the third offense of missing morning and afternoon Sunday devotional services.     

Here Lies the Supreme Court: Revisited

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A New Right to Property: Civil War Confiscation in the Reconstruction Supreme Court

During the Civil War, both the Union Congress and the Confederate Congress put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. Meeting in special session in August 1861, the U.S. Congress passed the First Confiscation Act, authorizing the federal government to seize the property of those participating directly in the rebellion. ¹ The Confederate Congress retaliated on August 30, 1861, passing the Sequestration Act. ² This law authorized the Confederate government to forever seize the real and personal property of "alien enemies," a term that included every U.S. citizen and all those living in the Confederacy who remained loyal to the Union.     

A Voice from behind the Bench: Recollections of a Supreme Court Page

Frank Lyman was 13 years old when he was selected as a Supreme Court page. He served five years, from September 1923 until the spring of 1928, when he became too tall and was forced to leave the page corps. Mr. Lyman served his last two years at the Court as Head Page, supervising the other three pages he worked with.     

The Invisible Dance: The Supreme Court and the Press

Abstract

In America, Tocqueville writes, men were born equal; they did not have to become so.¹ But he is not unaware of the radical democratic character of the American revolution of which Gordon Wood has reminded us.² Prior to 1776, Tocqueville observes, the democratic principle was “far from dominating the government of society.” It was the Revolution that made it “the law of laws.” “The war was fought and victory obtained in its name” (1:1, ch. 4. 59).