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"Abuse of Speechifying": Crafting the Politics/Law Divide in the Supreme Court's First Decade

Authors: Bryce Tuttle;

"Abuse of Speechifying": Crafting the Politics/Law Divide in the Supreme Court's First Decade

Abstract

What actions are too "political" for a Supreme Court justice? This question has been the subject of intense debate since the beginning of the republic. In this note, I reveal the misunderstood beginnings of this debate. In chronicling how it transformed the judicial role, I will show how critiquing the judiciary as "political" is a practice as old as the Constitution itself. I do so by examining the lengthy "charges" the Supreme Court Justices delivered to federal grand juries while they rode Circuit and the increasingly negative public responses to them. Though the lens of the charges, one sees that justices and their political opponents had a fundamental disagreement about what was appropriately "judicial" and what was too "political." This disagreement shaped our judiciary in its first years and is the origin of our current debates about the boundaries between politics and judging. 

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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