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Chisholm V. Georgia and the Question of the Judiciary in the Early Republic

Chisholm V. Georgia and the Question of the Judiciary in the Early Republic Through an analysis of Chisholm v. Georgia (1793), the Supreme Court's first decision, this essay explores how judicial opinions interact with competing legal and political cultures. In Chisholm, the Court had to position itself in relation to legal histories and America's new republican experiment. By basing their arguments on different conceptions of the Court's place relative to the common law and the Constitution, the majority and minority created different pictures of the Supreme Court's standing as representatives of the interests of the American people. These different pictures reveal the way judicial arguments are shaped by a judge's choice of which political or legal culture to emphasize while crafting an opinion. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Argumentation and Advocacy Taylor & Francis

Chisholm V. Georgia and the Question of the Judiciary in the Early Republic

Argumentation and Advocacy , Volume 42 (3): 16 – Jan 1, 2006

Chisholm V. Georgia and the Question of the Judiciary in the Early Republic

Abstract

Through an analysis of Chisholm v. Georgia (1793), the Supreme Court's first decision, this essay explores how judicial opinions interact with competing legal and political cultures. In Chisholm, the Court had to position itself in relation to legal histories and America's new republican experiment. By basing their arguments on different conceptions of the Court's place relative to the common law and the Constitution, the majority and minority created different pictures of the...
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Publisher
Taylor & Francis
Copyright
© 2006 Taylor and Francis Group, LLC
ISSN
2576-8476
eISSN
1051-1431
DOI
10.1080/00028533.2006.11821646
Publisher site
See Article on Publisher Site

Abstract

Through an analysis of Chisholm v. Georgia (1793), the Supreme Court's first decision, this essay explores how judicial opinions interact with competing legal and political cultures. In Chisholm, the Court had to position itself in relation to legal histories and America's new republican experiment. By basing their arguments on different conceptions of the Court's place relative to the common law and the Constitution, the majority and minority created different pictures of the Supreme Court's standing as representatives of the interests of the American people. These different pictures reveal the way judicial arguments are shaped by a judge's choice of which political or legal culture to emphasize while crafting an opinion.

Journal

Argumentation and AdvocacyTaylor & Francis

Published: Jan 1, 2006

Keywords: Chisholm v. Georgia; Supreme Court; early republic; representation; legal argumentation

References