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5 - A Belligerent Court

from Part II - The Judiciary at War, 1812–1816

Published online by Cambridge University Press:  28 August 2025

Kevin Arlyck
Affiliation:
Georgetown University, Washington DC
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Summary

Joseph Story thought that the United States needed more than courts to vindicate its independence in the War of 1812. The youngest justice on the Supreme Court also believed that the nation needed legal doctrines that would support its aspirations to global power. For decades, American policymakers – and especially the Court under John Marshall – had defended the rights of neutral nations to trade peaceably in wartime. That approach made sense when a militarily weak but commercially vigorous United States sought to profit from trade with European powers embroiled in conflict. But now that the United States itself was at war, Story envisioned a different national future, in which a robust military and strong central government were the foundation of American sovereignty. The split that emerged on the Court over neutral and belligerent rights reflected a generational divide over how to preserve and extend American independence, and it fractured the Marshall Court’s prior unanimity. Despite Marshall’s resistance, Story persuaded his colleagues to adopt doctrines that favored the rights of nations at war, pushing the courts – and the country – to assume a more assertive presence at sea.

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The Nation at Sea
The Federal Courts and American Sovereignty, 1789–1825
, pp. 153 - 188
Publisher: Cambridge University Press
Print publication year: 2025

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  • A Belligerent Court
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.008
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  • A Belligerent Court
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • A Belligerent Court
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.008
Available formats
×