In this supplement to Volume 7 of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, Charles Fairman examines the Electoral Commission of 1877, which was headed by Justice Joseph P. Bradley. In the disputed presidential election of 1876, the Supreme Court was involved through the appointment of five justices to the commission of fifteen created by Congress to resolve the stalemate arising from the political division between the Senate and House. Divided seven to seven along party lines, the decisive vote and opinion was that of the member appointed for judicial impartiality, Justice Bradley. In his study of the Electoral Commission of 1877, Fairman sheds new light on this controversial historical event, vindicating Justice Bradley against his detractors. This book represents an important revision of conventional narratives of the Electoral Commission, combining intensive research with all the fascination of a detective story.
Charles Fairman (1897-1988) was Professor of Law at Harvard Law School and the author of Volumes 6 and 7 of the Oliver Wendell Holmes Devise History of the United State Supreme Court Reconstruction and Reunion: 1864-1888. He was also the author of numerous articles and books, including The Law of Martial Rule (1930) and Mr. Justice Miller and the Supreme Court (1939). In 1948 he published his casebook, American Constitutional Decisions, and a year later, he published his classic article, 'Does the Fourteenth Amendment Incorporate the Bill of Rights?'
Cambridge University Press
Date of Publication
Law: General & Reference
Oliver Wendell Holmes Devise History of the Supreme Court of the United States