Abraham Lincoln Constitutionalism And Equal Rights In The Civil War Era

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Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era

Author : Herman Belz
Publisher : NYU Press
ISBN 13 : 9780823217694
Total Pages : 282 pages
Book Rating : 4.2/5 (176 download)

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Book Synopsis Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era by : Herman Belz

Download or read book Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era written by Herman Belz and published by NYU Press. This book was released on 1998 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the American people went to war in 1861, the task and the duty of maintaining the foundation principles of the republican experiment were in jeopardy. The question of if, and how, these principles should be preserved was of pressing importance. The outcome of the war could require the republican government to be transformed in order to strengthen the union or, conversely, if the war created the revolutionary situation that at times seemed pending, new principles for the resulting new nation would have to be formed as it emerged from the destruction and dislocation of the war. These were the issues to bear on the Constitution during the Civil War. These were the dilemas facing President Lincoln. This book, by one of the nation's leading constitutional historians, analyzes the nature and tendency of American Constitutionalism during the nation's greatest political crisis. In a series of related essays, Herman Belz combines detailed narrative with probing judicial analysis of the political thought of Abraham Lincoln, his exercise of executive power, and the application of the equality principle which would become a central issue during Reconstruction. Belz's essays are interdisciplinary in their approach, combining history, political science, and jurisprudence to study the political and constitutional climate and the changes which occurred under Lincoln during and after the war. Belz studies Lincoln as the focus of both contemporary political controversy and subsequent historical debate over the conservative or revolutionary character of Civil War Constitutionalism. He explores the politically controversial nature of the equality principle that lay at the heart of the slavery struggle and its resolution in wartime emancipation.

The Broken Constitution

Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374720878
Total Pages : 236 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis The Broken Constitution by : Noah Feldman

Download or read book The Broken Constitution written by Noah Feldman and published by Farrar, Straus and Giroux. This book was released on 2021-11-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era

Author : Herman Belz
Publisher :
ISBN 13 : 9780823295111
Total Pages : 0 pages
Book Rating : 4.2/5 (951 download)

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Book Synopsis Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era by : Herman Belz

Download or read book Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era written by Herman Belz and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This striking portrait of Abraham Lincoln found in this book is drawn entirely from the writing of his contemporaries and extends from his political beginnings in Springfield to his assassination. It reveals a more severely beleaguered, less godlike, and finally a richer Lincoln than has come through many of the biographies of Lincoln written at a distance after his death. To those who are familiar only with the various "retouched" versions of Lincoln's life, Abraham Lincoln: A Press Portrait will be a welcome--if sometimes surprising--addition to the literature surrounding the man who is perhaps the central figure in all of American history. The brutality, indeed that malignancy of some of the treatment Lincoln received at the hands of the press may well shock those readers who believe the second half of the twentieth century has a monopoly on the journalism of insult, outrage, and indignation. That Lincoln acted with the calm and clarity he did under the barrage of such attacks can only enhance his stature as one of the great political leaders of any nation at any time.

Liberty and Union

Author : Timothy S. Huebner
Publisher : University Press of Kansas
ISBN 13 : 0700624864
Total Pages : 544 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Liberty and Union by : Timothy S. Huebner

Download or read book Liberty and Union written by Timothy S. Huebner and published by University Press of Kansas. This book was released on 2017-04-05 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is about the relationship between the Civil War generation and the founding generation," Timothy S. Huebner states at the outset of this ambitious and elegant overview of the Civil War era. The book integrates political, military, and social developments into an epic narrative interwoven with the thread of constitutionalism—to show how all Americans engaged the nation's heritage of liberty and constitutional government. Whether political leaders or plain folk, northerners or southerners, Republicans or Democrats, black or white, most free Americans in the mid-nineteenth century believed in the foundational values articulated in the Declaration of Independence of 1776 and the Constitution of 1787—and this belief consistently animated the nation's political debates. Liberty and Union shows, however, that different interpretations of these founding documents ultimately drove a deep wedge between North and South, leading to the conflict that tested all constitutional faiths. Huebner argues that the resolution of the Civil War was profoundly revolutionary and also inextricably tied to the issues of both slavery and sovereignty, the two great unanswered questions of the Founding era. Drawing on a vast body of scholarship as well as such sources as congressional statutes, political speeches, military records, state supreme court decisions, the proceedings of black conventions, and contemporary newspapers and pamphlets, Liberty and Union takes the long view of the Civil War era. It merges Civil War history, US constitutional history, and African American history and stretches from the antebellum era through the period of reconstruction, devoting equal attention to the Union and Confederate sides of the conflict. And its in-depth exploration of African American participation in a broader culture of constitutionalism redefines our understanding of black activism in the nineteenth century. Altogether, this is a masterly, far-reaching work that reveals as never before the importance and meaning of the Constitution, and the law, for nineteenth-century Americans.

Constitutionalism in the Approach and Aftermath of the Civil War

Author : Paul D. Moreno
Publisher :
ISBN 13 : 9780823291250
Total Pages : 288 pages
Book Rating : 4.2/5 (912 download)

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Book Synopsis Constitutionalism in the Approach and Aftermath of the Civil War by : Paul D. Moreno

Download or read book Constitutionalism in the Approach and Aftermath of the Civil War written by Paul D. Moreno and published by . This book was released on 2022 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The irreducibly constitutional nature of the Civil War's prelude and legacy is the focus of this absorbing collection of nine essays by a diversity of political theorists and historians. The contributors examine key constitutional developments leading up to the war, the crucial role of Abraham Lincoln's statesmanship, and how the constitutional aspects of the war and Reconstruction endured in the late nineteenth and early twentieth centuries. This thoughtful, informative volume covers a wide range of topics: from George Washington's conception of the Union and his fears for its future to Martin Van Buren's state-centered, anti-secessionist federalism; from Lincoln's approach to citizenship for African Americans to Woodrow Wilson's attempt to appropriate Lincoln for the goals of Progressivism. Each essay zeroes in on the constitutional causes or consequences of the war and emphasizes how constitutional principles shape political activity. Accordingly, important figures, disputes, and judicial decisions are placed within the broader context of the constitutional system to explain how ideas and institutions, independently and in dialogue with the courts, have oriented political action and shaped events over time.

The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution

Author : James Oakes
Publisher : W. W. Norton & Company
ISBN 13 : 1324005866
Total Pages : 288 pages
Book Rating : 4.3/5 (24 download)

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Book Synopsis The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution by : James Oakes

Download or read book The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution written by James Oakes and published by W. W. Norton & Company. This book was released on 2021-01-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.

Our Secret Constitution

Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 9780198032434
Total Pages : 308 pages
Book Rating : 4.0/5 (324 download)

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Book Synopsis Our Secret Constitution by : George P. Fletcher

Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post

Abraham Lincoln and the Second American Revolution

Author : James M. McPherson
Publisher : Oxford University Press
ISBN 13 : 0199762708
Total Pages : 190 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Abraham Lincoln and the Second American Revolution by : James M. McPherson

Download or read book Abraham Lincoln and the Second American Revolution written by James M. McPherson and published by Oxford University Press. This book was released on 1992-06-04 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: James McPherson has emerged as one of America's finest historians. Battle Cry of Freedom, his Pulitzer Prize-winning account of the Civil War, was a national bestseller that Hugh Brogan, in The New York Times Book Review, called "history writing of the highest order." In that volume, McPherson gathered in the broad sweep of events, the political, social, and cultural forces at work during the Civil War era. Now, in Abraham Lincoln and the Second American Revolution, he offers a series of thoughtful and engaging essays on aspects of Lincoln and the war that have rarely been discussed in depth. McPherson again displays his keen insight and sterling prose as he examines several critical themes in American history. He looks closely at the President's role as Commander-in-Chief of the Union forces, showing how Lincoln forged a national military strategy for victory. He explores the importance of Lincoln's great rhetorical skills, uncovering how--through parables and figurative language--he was uniquely able to communicate both the purpose of the war and a new meaning of liberty to the people of the North. In another section, McPherson examines the Civil War as a Second American Revolution, describing how the Republican Congress elected in 1860 passed an astonishing blitz of new laws (rivaling the first hundred days of the New Deal), and how the war not only destroyed the social structure of the old South, but radically altered the balance of power in America, ending 70 years of Southern power in the national government. The Civil War was the single most transforming and defining experience in American history, and Abraham Lincoln remains the most important figure in the pantheon of our mythology. These graceful essays, written by one of America's leading historians, offer fresh and unusual perspectives on both.

The Presidents and the Constitution

Author : Ken Gormley
Publisher : NYU Press
ISBN 13 : 1479839906
Total Pages : 711 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Presidents and the Constitution by : Ken Gormley

Download or read book The Presidents and the Constitution written by Ken Gormley and published by NYU Press. This book was released on 2016-05-10 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.

Big Enough to Be Inconsistent

Author : George M Fredrickson
Publisher : Harvard University Press
ISBN 13 : 0674033736
Total Pages : 169 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Big Enough to Be Inconsistent by : George M Fredrickson

Download or read book Big Enough to Be Inconsistent written by George M Fredrickson and published by Harvard University Press. This book was released on 2009-06-30 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the most controversial aspect of Lincoln's thought and politics - his attitudes and actions regarding slavery and race. Drawing attention to the limitations of Lincoln's judgment and policies without denying his magnitude, the book provides the most comprehensive and even-handed account available of Lincoln's contradictory treatment of black Americans in matters of slavery in the South and basic civil rights in the North.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

A New Birth of Freedom

Author : Harry V. Jaffa
Publisher : Rowman & Littlefield
ISBN 13 : 9780847699537
Total Pages : 574 pages
Book Rating : 4.6/5 (995 download)

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Book Synopsis A New Birth of Freedom by : Harry V. Jaffa

Download or read book A New Birth of Freedom written by Harry V. Jaffa and published by Rowman & Littlefield. This book was released on 2004 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents the culmination of over a half a century of study and reflection by Jaffa, and continues his piercing examination of the political thought of Abraham Lincoln.

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

Author : Eric Foner
Publisher : W. W. Norton & Company
ISBN 13 : 0393652580
Total Pages : 228 pages
Book Rating : 4.3/5 (936 download)

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Book Synopsis The Second Founding: How the Civil War and Reconstruction Remade the Constitution by : Eric Foner

Download or read book The Second Founding: How the Civil War and Reconstruction Remade the Constitution written by Eric Foner and published by W. W. Norton & Company. This book was released on 2019-09-17 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.

The Fate of Liberty

Author : Mark E. Neely Jr.
Publisher : Oxford University Press
ISBN 13 : 0199923485
Total Pages : 297 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Fate of Liberty by : Mark E. Neely Jr.

Download or read book The Fate of Liberty written by Mark E. Neely Jr. and published by Oxford University Press. This book was released on 1992-08-20 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.

We the Corporations: How American Businesses Won Their Civil Rights

Author : Adam Winkler
Publisher : Liveright Publishing
ISBN 13 : 0871403846
Total Pages : 485 pages
Book Rating : 4.8/5 (714 download)

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Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler

Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

The Scorpion's Sting: Antislavery and the Coming of the Civil War

Author : James Oakes
Publisher : W. W. Norton & Company
ISBN 13 : 0393239934
Total Pages : 208 pages
Book Rating : 4.3/5 (932 download)

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Book Synopsis The Scorpion's Sting: Antislavery and the Coming of the Civil War by : James Oakes

Download or read book The Scorpion's Sting: Antislavery and the Coming of the Civil War written by James Oakes and published by W. W. Norton & Company. This book was released on 2014-05-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the Civil War and the anti-slavery movement, specifically highlighting the plan to help abolish slavery by surrounding the slave states with territories of freedom and discusses the possibility of what could have been a more peaceful alternative to the war.

The People Themselves

Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.3/5 (64 download)

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Book Synopsis The People Themselves by : Larry Kramer

Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.