The Supreme Court in the Nineteenth Century

At the beginning of the nineteenth century, we find a Court which has not yet found its role, and whose principal impact is deciding which litigant wins in a particular lawsuit. Chief Justice John Marshall, appointed in 1801, changes that; he and his successor, Roger B. Taney, are the dominant figures in the Courts over which they preside. From 1801 until 1864-sixty-three years-the nation had only two Chief Justices; during the same time, it had fifteen presidents. In the latter part of the nineteenth century, the Chief Justices are less dominant and influential, sharing their authority with several notable Associate Justices. By the end of the century, the Court is beginning to wrestle with the many problems facing the nation after a little more than a century of existence.     

Supreme Court Advocacy in the Early Nineteenth Century

The early nineteenth century was transformative of the Supreme Court's practices. Yet understanding those fundamental changes requires some appreciation of practice before the Court in the late eighteenth century, and the developments in the early nineteenth century produced changes in the Court's practices that are still felt today. In this first half-century or so of the Court's existence, more dramatic developments and changes occurred in oral argument practice than in any other period of the Court's history. ¹     

Brain Physiology and the Mind in the Nineteenth Century

This article explores the integration of research and theory in nineteenth-century neurophysiology. Four generalities combine to explain their integration. They are the core beliefs of the neurologists, the pervasive habit of perceiving mind when observing behavior, the criteria for the existence of mind, and mind as an efficient cause. These generalities help explain specific choices made by certain researchers to work within the traditional model of the nervous system, to reject materialism, and to find intelligence and voluntary behaviors in physiological systems.