Page:EO 14023 Commission Final Report.pdf/68

 # Stuart v. Laird, 5 U.S. (1 Cranch) 299 (1803). Justice William Paterson wrote the opinion for the Court; Chief Justice Marshall had recused himself from hearing the case when it came before the Court, perhaps because he had heard the case when it was before his circuit court. See, 76 (2012).
 * 1) Stuart, 5 U.S. (1 Cranch) at 309.
 * 2) Michael J. Klarman, How Great Were the “Great” Marshall Court Decisions?, 87  1111, 1124–25 (2001).
 * ,, at 78 n.102 (1985).
 * 1) Letter from Chief Justice Marshall to Henry Clay (Dec. 22, 1823), reprinted in Ruth Wedgwood, Cousin Humphrey, 14  247, 267–69 (1997).
 * 2) Act of Feb. 24, 1807, ch. 16, 2 Stat. 420.
 * 3) See William M. Wiecek, Murdock v. Memphis: Section 25 of the 1789 Judiciary Act and Judicial Federalism, in, supra note 10, at 225–29.
 * 4) Carl B. Swisher, The Taney Period, 1836–1864, in 5  4 (2010).
 * ,, at 280 (2007).
 * 1) McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819); Osborn v. Bank of the U.S., 22 U.S. (9 Wheat.) 738 (1824).
 * 2) See  (Gerald Gunther ed., 1969).
 * 3) Ch. 148, 4 Stat. 411 (1830).
 * 4) 30 U.S. (5 Pet.) 1 (1831).
 * 5) 31 U.S. (6 Pet.) 515 (1832).
 * 6) See,  116 (1987) (quoting the observations of William Wirt, attorney for the Cherokee Nation, regarding “public considerations connected with the state of the country (particularly the open resistance of South Carolina), and the extremely ticklish predicament of Georgia”).
 * 7) See, supra note 46, at 441.
 * 8) Andrew Jackson, Veto Message (July 10, 1832), reprinted in 2, at 576, 582 (James D. Richardson ed., 1898) (“The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both.”).
 * 9) See, supra note 46, at 441.
 * 10) See Curtis Nettels, The Mississippi Valley and the Federal Judiciary, 1807–1837, 12  202 (1925).
 * 11) Id. at 210 (“Extension of the circuit courts was delayed until 1837 because it entailed a decision as to the permanent structure of the whole judiciary upon which all parts of the country could not agree.”).
 * 12) Id. at 226;, supra note 46 at 441 (“All five of [President Jackson’s] last round of appointees came from the slave states … .”).
 * , supra note 46, at 441.
 * 1) Act of Mar. 3, 1837, ch. 34, 5 Stat. 176. The Act is also known as the Eighth and Ninth Circuits Act.
 * 2) See Swisher, supra note 45, at 62–65.
 * 3) Nettels, supra note 56, at 225.
 * 4) The Supreme Court of the United States, 1  143, 143 (1838).