Today we have two very special guests, Professor Orville Vernon Burton and Professor Armand Derfner. Their book Justice Deferred: Race and the Supreme Court, is the first that comprehensively charts the Court’s race jurisprudence. Addressing nearly two hundred cases involving America’s racial minorities, they explore the parties involved, the justices’ reasoning, and the impact of individual rulings. Orville Vernon Burton is a prizewinning author of many books, including The Age of Lincoln. He is the Judge Matthew J. Perry Chair of History at Clemson University and Emeritus University Scholar ..read more

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 extraordinary story of the birth of the business corporation and its impact on American life.  ..read more

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, and madding system of special pleading with simple and uniform codified court procedures. The jurisdic ..read more

In episode twenty-one we will discuss the early years of the United States Supreme Court and the most influential Chief Justice in its history, John Marshall. We will examine in detail what is considered the most famous case in American legal history, Marbury v. Madison (1803). We will also explore the origins of judicial review, the power of the court to determine if a statute, case, or treaty comports with the Constitution. We will end with an examination of how Marshall and the United States Supreme Court were able influence nearly every important political issue of the first half of the ni ..read more

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 first political parties.  ..read more

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 Hamilton Plan ..read more

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.  ..read more

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 ..read more

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.  ..read more

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, the role of the French & Indian War as a prime mover in the dispute, the Royal Proclamation of 1 ..read more