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The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the twelve Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms. The book then discusses the views of the early Supreme Court justices about freedoms of press and speech during the national controversy over the Sedition Act of 1798 and its constitutionality. It finds that, though several of the justices presided over Sedition Act trials, the early justices divided almost evenly over that issue with an unrecognized half opposing its constitutionality, rather than unanimously supporting the Act as is generally assumed. The book similarly reassesses the Federalist party itself, and finds that an unrecognized minority also challenged the constitutionality of the Sedition Act and the narrow Blackstone approach during 1798-1801, and that an unrecognized minority of the other states did as well in considering the Virginia and Kentucky Resolutions. The book summarizes the recognized fourteen prosecutions of newspaper editors and other opposition members under the Sedition Act of 1798. It sheds new light on the recognized cases by identifying and confirming twenty-two additional Sedition Act prosecutions. At each of these steps, this book challenges conventional views in existing histories of the early republic and of the early Supreme Court justices.

Journal

Kentucky. General Assembly. House of Representatives

Published: 1892

Total Pages: 1258


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The Years of Lyndon Johnson is the political biography of our time. No president—no era of American politics—has been so intensively and sharply examined at a time when so many prime witnesses to hitherto untold or misinterpreted facets of a life, a career, and a period of history could still be persuaded to speak. The Path to Power, Book One, reveals in extraordinary detail the genesis of the almost superhuman drive, energy, and urge to power that set LBJ apart. Chronicling the startling early emergence of Johnson’s political genius, it follows him from his Texas boyhood through the years of the Depression in the Texas hill Country to the triumph of his congressional debut in New Deal Washington, to his heartbreaking defeat in his first race for the Senate, and his attainment, nonetheless, of the national power for which he hungered. We see in him, from earliest childhood, a fierce, unquenchable necessity to be first, to win, to dominate—coupled with a limitless capacity for hard, unceasing labor in the service of his own ambition. Caro shows us the big, gangling, awkward young Lyndon—raised in one of the country’s most desperately poor and isolated areas, his education mediocre at best, his pride stung by his father’s slide into failure and financial ruin—lunging for success, moving inexorably toward that ultimate “impossible” goal that he sets for himself years before any friend or enemy suspects what it may be. We watch him, while still at college, instinctively (and ruthlessly) creating the beginnings of the political machine that was to serve him for three decades. We see him employing his extraordinary ability to mesmerize and manipulate powerful older men, to mesmerize (and sometimes almost enslave) useful subordinates. We see him carrying out, before his thirtieth year, his first great political inspiration: tapping-and becoming the political conduit for-the money and influence of the new oil men and contractors who were to grow with him to immense power. We follow, close up, the radical fluctuations of his relationships with the formidable “Mr. Sam” Raybum (who loved him like a son and whom he betrayed) and with FDR himself. And we follow the dramas of his emotional life-the intensities and complications of his relationships with his family, his contemporaries, his girls; his wooing and winning of the shy Lady Bird; his secret love affair, over many years, with the mistress of one of his most ardent and generous supporters . . . Johnson driving his people to the point of exhausted tears, equally merciless with himself . . . Johnson bullying, cajoling, lying, yet inspiring an amazing loyalty . . . Johnson maneuvering to dethrone the unassailable old Jack Garner (then Vice President of the United States) as the New Deal’s “connection” in Texas, and seize the power himself . . . Johnson raging . . . Johnson hugging . . . Johnson bringing light and, indeed, life to the worn Hill Country farmers and their old-at-thirty wives via the district’s first electric lines. We see him at once unscrupulous, admirable, treacherous, devoted. And we see the country that bred him: the harshness and “nauseating loneliness” of the rural life; the tragic panorama of the Depression; the sudden glow of hope at the dawn of the Age of Roosevelt. And always, in the foreground, on the move, LBJ. Here is Lyndon Johnson—his Texas, his Washington, his America—in a book that brings us as close as we have ever been to a true perception of political genius and the American political process.