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Commentaries On The Constitiution 1790 1860
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Book Synopsis Commentaries on the Constitution, 1790-1860 by : Elizabeth Kelley Bauer
Download or read book Commentaries on the Constitution, 1790-1860 written by Elizabeth Kelley Bauer and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bauer, Elizabeth Kelley. Commentaries on the Constitution 1790-1860. New York: Columbia University Press, 1952. 400 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-45409. ISBN 1-886363-66-8. Cloth. $95. * A thorough survey and examination of the "formal commentaries" on the Constitution that were written as summaries of official pronouncements by proponents of the two major schools of constitutional interpretation before the Civil War--the nationalist Northern school as evidenced by the Marshall-Story decisions in the Supreme Court, and the Southern states rights advocates who lacked an equal spokesman. As this important study places the commentaries in a historical context by comparing their theories, examining their impact and their roots in the lives of the authors, it serves to illustrate "the early divergence between the North and South in theoretical discussions of the nature of the Union, and eventually lead to the constitutional justification of Southern secession." From the Preface.
Book Synopsis Commentaries on the Constituion by : Elizabeth Kelley Bauer
Download or read book Commentaries on the Constituion written by Elizabeth Kelley Bauer and published by . This book was released on 1965 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis View of the Constitution of the United States by : St. George Tucker
Download or read book View of the Constitution of the United States written by St. George Tucker and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: St. George Tucker's View of the Constitution, published in 1803, was the first extended, systematic commentary on the United States Constitution after its ratification. Generations learned their Blackstone and their understanding of the Constitution through Tucker. Clyde N. Wilson is Professor of History and editor of The Papers of John C. Calhoun at the University of South Carolina. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Book Synopsis The Transatlantic Gothic Novel and the Law, 1790–1860 by : Bridget M. Marshall
Download or read book The Transatlantic Gothic Novel and the Law, 1790–1860 written by Bridget M. Marshall and published by Routledge. This book was released on 2016-02-17 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the use of legal themes in the gothic novel, Bridget M. Marshall shows these devices reflect an outpouring of anxiety about the nature of justice. On both sides of the Atlantic, novelists like William Godwin, Mary Shelley, Charles Brockden Brown, and Hannah Crafts question the foundations of the Anglo-American justice system through their portrayals of criminal and judicial procedures and their use of found documents and legal forms as key plot devices. As gothic villains, from Walpole's Manfred to Godwin's Tyrrell to Stoker's Dracula, manipulate the law and legal system to expand their power, readers are confronted with a legal system that is not merely ineffective at stopping villains but actually enables them to inflict ever greater harm on their victims. By invoking actual laws like the Black Act in England or the Fugitive Slave Act in America, gothic novels connect the fantastic horrors that constitute their primary appeal with much more shocking examples of terror and injustice. Finally, the gothic novel's preoccupation with injustice is just one element of many that connects the genre to slave narratives and to the horrors of American slavery.
Book Synopsis Founding Choices by : Douglas A. Irwin
Download or read book Founding Choices written by Douglas A. Irwin and published by University of Chicago Press. This book was released on 2011-01-15 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers of the National Bureau of Economic Research conference held at Dartmouth College on May 8-9, 2009.
Book Synopsis The Language of Law and the Foundations of American Constitutionalism by : Gary L. McDowell
Download or read book The Language of Law and the Foundations of American Constitutionalism written by Gary L. McDowell and published by Cambridge University Press. This book was released on 2010-06-28 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.
Book Synopsis A View of the Constitution of the United States of America by : William Rawle
Download or read book A View of the Constitution of the United States of America written by William Rawle and published by . This book was released on 1829 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Machine That Would Go of Itself by : Russell Fraser
Download or read book A Machine That Would Go of Itself written by Russell Fraser and published by Routledge. This book was released on 2017-07-12 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Pulitzer Prize-winning historian Michael Kammen explores the U.S. Constitution's place in the public consciousness and its role as a symbol in American life, from ratification in 1788 to our own time. As he examines what the Constitution has meant to the American people (perceptions and misperceptions, uses and abuses, knowledge and ignorance), Kammen shows that although there are recurrent declarations of reverence most of us neither know nor fully understand our Constitution. How did this gap between ideal and reality come about? To explain it, Kammen examines the complex and contradictory feelings about the Constitution that emerged during its preparation and that have been with us ever since. He begins with our confusion as to the kind of Union we created, especially with regard to how much sovereignty the states actually surrendered to the central government. This confusion is the source of the constitutional crisis that led to the Civil War and its aftermath. Kammen also describes and analyzes changing perceptions of the differences and similarities between the British and American constitutions; turn-of-the-century debates about states' rights versus national authority; and disagreements about how easy or difficult it ought to be to amend the Constitution. Moving into the twentieth century, he notes the development of a "cult of the Constitution" following World War I, and the conflict over policy issues that persisted despite a shared commitment to the Constitution.
Book Synopsis A Fragment on Government by : Jeremy Bentham
Download or read book A Fragment on Government written by Jeremy Bentham and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham, Jeremy. A Fragment on Government. Edited with an Introduction by F.C. Montague. Oxford: The Clarendon Press, 1891. xii, 241 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-166-6. Cloth. $65. * Bentham's first published work, an essay on sovereignty that criticizes Blackstone's Commentaries and attacks contemporary views on politics and law. This edition includes F.C. Montague's scholarly introduction that shows the significance of the Fragment and includes a biography of Bentham [1748-1832] and a discussion of his role in the history of jurisprudence. "The Fragment on Government is primarily a criticism. If it were nothing more, it would have no interest for later generations, which do not regard Blackstone as an authority upon speculative questions of politics or history, and therefore do not need to have Blackstone's theories corrected or disproved. But in criticizing Blackstone's views, Bentham necessarily expounds his own. As Bentham is one of the few English writers of mark upon the theory of political institutions, and as his doctrine forms a link in the chain of English political philosophy, we still read the Fragment of Government in order to see, not how far Blackstone was wrong, but how far Bentham was right.": Introduction 59.
Book Synopsis Constitutionalism, Executive Power, and the Spirit of Moderation by : Giorgi Areshidze
Download or read book Constitutionalism, Executive Power, and the Spirit of Moderation written by Giorgi Areshidze and published by State University of New York Press. This book was released on 2016-05-19 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, "The Role of Courts in Constitutional Democracy," analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, "Law and Executive Authority," reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, "Liberal Education, Constitutionalism, and Philosophic Moderation," shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
Book Synopsis The Bloomsbury Encyclopedia of Philosophers in America by : John R. Shook
Download or read book The Bloomsbury Encyclopedia of Philosophers in America written by John R. Shook and published by Bloomsbury Publishing. This book was released on 2016-02-11 with total page 1105 pages. Available in PDF, EPUB and Kindle. Book excerpt: For scholars working on almost any aspect of American thought, The Bloomsbury Encyclopedia to Philosophers in America presents an indispensable reference work. Selecting over 700 figures from the Dictionary of Early American Philosophers and the Dictionary of Modern American Philosophers, this condensed edition includes key contributors to philosophical thought. From 1600 to the present day, entries cover psychology, pedagogy, sociology, anthropology, education, theology and political science, before these disciplines came to be considered distinct from philosophy. Clear and accessible, each entry contains a short biography of the writer, an exposition and analysis of his or her doctrines and ideas, a bibliography of writings and suggestions for further reading. Featuring a new preface by the editor and a comprehensive introduction, The Bloomsbury Encyclopedia to Philosophers in America includes 30 new entries on twenty-first century thinkers including Martha Nussbaum and Patricia Churchland. With in-depth overviews of Waldo Emerson, Margaret Fuller, Noah Porter, Frederick Rauch, Benjamin Franklin, Thomas Paine and Thomas Jefferson, this is an invaluable one-stop research volume to understanding leading figures in American thought and the development of American intellectual history.
Book Synopsis Treaties and Executive Agreements in the United States by : Elbert M. Byrd
Download or read book Treaties and Executive Agreements in the United States written by Elbert M. Byrd and published by Springer. This book was released on 2012-12-06 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the legal system existing among the members of the society of nations has its origin in treaties and agreements. A substantial share of the mutually-binding precepts governing the relations among independent nations flows from the engage ments to which they subscribe. By crystallizing juridical rela tionships, this world-wide network of compacts helps to stabilize international affairs, and its growth and development are essen tial in the absence of an acceptable alternative law-creating in stitution. From the standpoint of international practice, independent states are empowered to conclude commitments on virtually any subject of mutual interest. Not in all cases, however, does the national government of a country possess internally a treaty making authority coextensive with that of the state under inter national law. Constitutional prescriptions may restrict the range of subjects respecting which treaties may be negotiated, and in addition, as in the case of the United States, the constitutive act may confine the government to a prescribed method of conclud ing international treaties. The problem of American treaty authority and procedure has been under analysis and serious debate since the United States constitutional system was established in the late eighteenth cen tury. As this country increased its participation in international affairs and augmented the network of international arrangements to which it became a party, this fundamental problem has be come increasingly significant.
Book Synopsis The Union at Risk by : Richard E. Ellis
Download or read book The Union at Risk written by Richard E. Ellis and published by Oxford University Press. This book was released on 1989-12-28 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nullification Crisis of 1832-33 is undeniably the most important major event of Andrew Jackson's two presidential terms. Attempting to declare null and void the high tariffs enacted by Congress in the late 1820s, the state of South Carolina declared that it had the right to ignore those national laws that did not suit it. Responding swiftly and decisively, Jackson issued a Proclamation reaffirming the primacy of the national government and backed this up with a Force Act, allowing him to enforce the law with troops. Although the conflict was eventually allayed by a compromise fashioned by Henry Clay, the Nullification Crisis raises paramount issues in American political history. The Union at Risk studies the doctrine of states' rights and illustrates how it directly affected national policy at a crucial point in 19th-century politics. Ellis also relates the Nullification Crisis to other major areas of Jackson's administration--his conflict with the National Bank, his Indian policy, and his relationship with the Supreme Court--providing keen insight into the most serious sectional conflict before the Civil War.
Book Synopsis Bibliotheca Hamiltoniana by : Paul Leicester Ford
Download or read book Bibliotheca Hamiltoniana written by Paul Leicester Ford and published by The Lawbook Exchange, Ltd.. This book was released on 2003 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ford, Paul Leicester [1865-1902]. Bibliotheca Hamiltoniana. A List of Books Written by, or Relating to Alexander Hamilton. New York: Printed for the Author The Knickerbocker Press, 1886. vi, [80] pp. (irregular pagination). Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-285-9. Cloth. $85. * Contains Alexander Hamilton's official and unofficial writings and those relating to him, arranged chronologically under the date of the first edition, with principal locations noted. With a useful chronological bibliography of all editions of The Federalist, with collation. Alexander Hamilton [1755-1804] was Secretary of the Treasury under George Washington, and author, along with John Jay and James Madison, of the influential collection of political essays, The Federalist. During his short lifetime Ford was a historian and historical novelist as well as a noted and prolific bibliographer of Americana and editor of Autobiography of Thomas Jefferson, 1743-1790. Dictionary of American Biography III: 518-520.
Book Synopsis A Well-Regulated Militia by : Saul Cornell
Download or read book A Well-Regulated Militia written by Saul Cornell and published by Oxford University Press. This book was released on 2008-08-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.
Book Synopsis John Randolph of Roanoke by : David Johnson
Download or read book John Randolph of Roanoke written by David Johnson and published by LSU Press. This book was released on 2012-05-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This biography chronicles the life of the long-serving Virginia congressman and architect of southern conservatism who courted controversy with his public duels and clashes with presidents, including Thomas Jefferson.
Book Synopsis Diminishing the Bill of Rights by : William Davenport Mercer
Download or read book Diminishing the Bill of Rights written by William Davenport Mercer and published by University of Oklahoma Press. This book was released on 2017-04-13 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore’s rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig’s wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city’s actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court’s decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century. Diminishing the Bill of Rights examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron’s claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered. In explaining how the Court came to reject a multisourced view of human liberties—a position seemingly inconsistent with its previous decisions—William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall’s view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer’s work makes clear, is among the Jacksonian era’s significant democratic reforms and marks the emergence of a distinctly American constitutionalism.
