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40 J. Sup. Ct. Hist. v (2015)

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Introduction
        Melvin   I. Urofsky


    We  begin our fortieth year of publication
with pride and optimism. Pride that over the
years we  have  been  able to bring to our
readers interesting articles about many dif-
ferent aspects of U.S. Supreme Court history
written by some of the leading scholars in the
field. Optimism that we can continue to do
this in the years to come. This issue suggests
that our optimism is not unfounded.
    Historians have long puzzled over John
Jay and his decision to step down as Chief
Justice, and then a few years later to decline an
offer to re-establish him in that position. A
leading figure of the Revolutionary period, a
statesman, jurist, a co-author of The Federalist
Papers,  governor of New York, a diplomat,
and our nation's first Chief Justice, there is no
question that his place in American history is
honored and secure. He failed, however, to see
the opportunity that leading the High Court
could provide to help shape the new nation's
destiny. When he resigned, he claimed that the
judiciary would never be an important part of
the government. Matthew Van  Hook explores
Jay's ambivalence about the Court, and tries to
make   sense of  it in light of Jay's own


ambitions and  talents. Mr. Van Hook  is a
Ph.D. candidate in political science at the
University of Notre Dame.
    One  can hardly pick up the newspaper
these days, nor turn on the radio or television
news, without another story about immigra-
tion. Historians are well aware that immigra-
tion did not just become a contentious issue in
the past few years. During the Progressive Era
there was a great national debate over the
wisdom  of continuing to allow unrestricted
numbers  of people,  especially those from
eastern and southern  Europe, to enter the
country. The debate finally ended in the 1924
statute severely limiting migration into the
United States. In the nineteenth century the
debate involved those who came from China,
many  of whom  helped build the transconti-
nental railroad.
    A  question then, as now, is who had the
power to regulate that migration-the states or
the federal government. While we pay  little
attention to those decisions now, the Supreme
Court heard several cases on the matter, and
whether there was a federal police power that
could be called into service. Adam Carrington,


v

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