Rethinking the Judicial Settlement of Reconstruction

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Publisher : Cambridge University Press
ISBN 13 : 1139496964
Total Pages : 283 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Rethinking the Judicial Settlement of Reconstruction by : Pamela Brandwein

Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

Reconstructing Reconstruction

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Publisher : Duke University Press
ISBN 13 : 9780822323167
Total Pages : 292 pages
Book Rating : 4.3/5 (231 download)

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Book Synopsis Reconstructing Reconstruction by : Pamela Brandwein

Download or read book Reconstructing Reconstruction written by Pamela Brandwein and published by Duke University Press. This book was released on 1999 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in

The Republic for Which It Stands

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Publisher : Oxford University Press
ISBN 13 : 0190619066
Total Pages : 912 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Republic for Which It Stands by : Richard White

Download or read book The Republic for Which It Stands written by Richard White and published by Oxford University Press. This book was released on 2017-08-04 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford History of the United States is the most respected multivolume history of the American nation. In the newest volume in the series, The Republic for Which It Stands, acclaimed historian Richard White offers a fresh and integrated interpretation of Reconstruction and the Gilded Age as the seedbed of modern America. At the end of the Civil War the leaders and citizens of the victorious North envisioned the country's future as a free-labor republic, with a homogenous citizenry, both black and white. The South and West were to be reconstructed in the image of the North. Thirty years later Americans occupied an unimagined world. The unity that the Civil War supposedly secured had proved ephemeral. The country was larger, richer, and more extensive, but also more diverse. Life spans were shorter, and physical well-being had diminished, due to disease and hazardous working conditions. Independent producers had become wage earners. The country was Catholic and Jewish as well as Protestant, and increasingly urban and industrial. The "dangerous" classes of the very rich and poor expanded, and deep differences -- ethnic, racial, religious, economic, and political -- divided society. The corruption that gave the Gilded Age its name was pervasive. These challenges also brought vigorous efforts to secure economic, moral, and cultural reforms. Real change -- technological, cultural, and political -- proliferated from below more than emerging from political leadership. Americans, mining their own traditions and borrowing ideas, produced creative possibilities for overcoming the crises that threatened their country. In a work as dramatic and colorful as the era it covers, White narrates the conflicts and paradoxes of these decades of disorienting change and mounting unrest, out of which emerged a modern nation whose characteristics resonate with the present day.

The Treason Trial of Aaron Burr

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Publisher : Cambridge University Press
ISBN 13 : 1139560948
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Treason Trial of Aaron Burr by : R. Kent Newmyer

Download or read book The Treason Trial of Aaron Burr written by R. Kent Newmyer and published by Cambridge University Press. This book was released on 2012-09-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Burr treason trial, one of the greatest criminal trials in American history, was significant for several reasons. The legal proceedings lasted seven months and featured some of the nation's best lawyers. It also pitted President Thomas Jefferson (who declared Burr guilty without the benefit of a trial and who masterminded the prosecution), Chief Justice John Marshall (who sat as a trial judge in the federal circuit court in Richmond) and former Vice President Aaron Burr (who was accused of planning to separate the western states from the Union) against each other. At issue, in addition to the life of Aaron Burr, were the rights of criminal defendants, the constitutional definition of treason and the meaning of separation of powers in the Constitution. Capturing the sheer drama of the long trial, Kent Newmyer's book sheds new light on the chaotic process by which lawyers, judges and politicians fashioned law for the new nation.

The Original Meaning of the Fourteenth Amendment

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Publisher : Harvard University Press
ISBN 13 : 0674257766
Total Pages : 489 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Original Meaning of the Fourteenth Amendment by : Randy E. Barnett

Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

I've Been Here All the While

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812297989
Total Pages : 209 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis I've Been Here All the While by : Alaina E. Roberts

Download or read book I've Been Here All the While written by Alaina E. Roberts and published by University of Pennsylvania Press. This book was released on 2021-03-12 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no other symbol has more resonance in African American history than that of "40 acres and a mule"—the lost promise of Black reparations for slavery after the Civil War. In I've Been Here All the While, we meet the Black people who actually received this mythic 40 acres, the American settlers who coveted this land, and the Native Americans whose holdings it originated from. In nineteenth-century Indian Territory (modern-day Oklahoma), a story unfolds that ties African American and Native American history tightly together, revealing a western theatre of Civil War and Reconstruction, in which Cherokee, Choctaw, Chickasaw, Creek, and Seminole Indians, their Black slaves, and African Americans and whites from the eastern United States fought military and rhetorical battles to lay claim to land that had been taken from others. Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction. She connects debates about Black freedom and Native American citizenship to westward expansion onto Native land. As Black, white, and Native people constructed ideas of race, belonging, and national identity, this part of the West became, for a short time, the last place where Black people could escape Jim Crow, finding land and exercising political rights, until Oklahoma statehood in 1907.

Our Lost Constitution

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Publisher : Penguin
ISBN 13 : 0698189205
Total Pages : 256 pages
Book Rating : 4.6/5 (981 download)

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Book Synopsis Our Lost Constitution by : Mike Lee

Download or read book Our Lost Constitution written by Mike Lee and published by Penguin. This book was released on 2015-04-07 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The still-unfolding story of America’s Constitution is a history of heroes and villains—the flawed visionaries who inspired and crafted liberty’s safeguards, and the shortsighted opportunists who defied them. Those stories are known by few today. In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution’s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution. For example: • The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare. • The Fourth Amendment protects us against unreasonable searches and seizures, but the NSA now collects our private data without a warrant. • The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce ninety-nine out of every one hundred pages of legal rules imposed on the American people. Lee’s cast of characters includes a former Ku Klux Klansman, who hijacked the Establishment Clause to strangle Catholic schools; the Chief Justice of the Supreme Court, who called the Second Amendment a fraud; and the revered president who began his first of four terms by threating to shatter the balance of power between Congress and the president, and who began his second term by vowing to do the same to the Supreme Court. Fortunately, the Constitution has always had its defenders. Senator Lee tells the story of how Andrew Jackson, noted for his courage in duels and politics, stood firm against the unconstitutional expansion of federal powers. He brings to life Ben Franklin’s genius for compromise at a deeply divided constitutional convention. And he tells how in 2008, a couple of unlikely challengers persuaded the Supreme Court to rediscover the Second Amendment’s right to keep and bear arms. Sections of the Constitution may have been forgotten, but it’s not too late to bring them back—if only we remember why we once demanded them and how we later lost them. Drawing on his experience working in all three branches of government, Senator Lee makes a bold case for resurrecting the Lost Constitution to restore and defend our fundamental liberties.

Guiding Principles for Stabilization and Reconstruction

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Publisher : US Institute of Peace Press
ISBN 13 : 1601270461
Total Pages : 244 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Guiding Principles for Stabilization and Reconstruction by : United States Institute of Peace

Download or read book Guiding Principles for Stabilization and Reconstruction written by United States Institute of Peace and published by US Institute of Peace Press. This book was released on 2009 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claude Chabrol's second film follows the fortunes of two cousins: Charles, a hard-working student who has arrived in Paris from his small hometown; and Paul, the dedicated hedonist who puts him up. Despite their differences in temperament, the two young men strike up a close friendship, until an attractive woman comes between them.

Final Freedom

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Publisher : Cambridge University Press
ISBN 13 : 9780521652674
Total Pages : 340 pages
Book Rating : 4.6/5 (526 download)

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Book Synopsis Final Freedom by : Michael Vorenberg

Download or read book Final Freedom written by Michael Vorenberg and published by Cambridge University Press. This book was released on 2001-05-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Thirteenth Amendment, this book examines emancipation after the Emancipation Proclamation of 1863.

Secession on Trial

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Publisher : Cambridge University Press
ISBN 13 : 1108415520
Total Pages : 359 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Secession on Trial by : Cynthia Nicoletti

Download or read book Secession on Trial written by Cynthia Nicoletti and published by Cambridge University Press. This book was released on 2017-10-19 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.

Rethinking Humanitarian Intervention

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Publisher : Penn State Press
ISBN 13 : 0271030690
Total Pages : 518 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Rethinking Humanitarian Intervention by : Brian D. Lepard

Download or read book Rethinking Humanitarian Intervention written by Brian D. Lepard and published by Penn State Press. This book was released on 2015-08-26 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few foreign policy issues in the past decade have elicited as much controversy as the use of military force for humanitarian purposes. In this book Brian Lepard offers a new method for analyzing humanitarian intervention that seeks to resolve conflicts among legal norms by identifying ethical principles embedded in the UN Charter and international law and relating them to a pivotal principle of "unity in diversity." A special feature of the book, which avoids the charge of ethnocentricity brought against other approaches, is that Lepard shows how passages from the revered texts of seven world religions may be interpreted as supporting these ethical principles. In connecting law with ethics and religion in this way, he takes a major step forward in the effort to formulate a normative basis for international law in our multicultural world.

With Malice Toward Some

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Publisher : UNC Press Books
ISBN 13 : 1469614057
Total Pages : 430 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis With Malice Toward Some by : William Alan Blair

Download or read book With Malice Toward Some written by William Alan Blair and published by UNC Press Books. This book was released on 2014 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: With Malice toward Some: Treason and Loyalty in the Civil War Era

A Legal History of the Civil War and Reconstruction

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Publisher : Cambridge University Press
ISBN 13 : 1107008794
Total Pages : 225 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis A Legal History of the Civil War and Reconstruction by : Laura F. Edwards

Download or read book A Legal History of the Civil War and Reconstruction written by Laura F. Edwards and published by Cambridge University Press. This book was released on 2015-01-26 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a succinct and accessible account of the critical role of legal and constitutional issues of the American Civil War.

Founding Myths

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Publisher : New Press, The
ISBN 13 : 159558949X
Total Pages : 434 pages
Book Rating : 4.5/5 (955 download)

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Book Synopsis Founding Myths by : Ray Raphael

Download or read book Founding Myths written by Ray Raphael and published by New Press, The. This book was released on 2014-07-04 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published ten years ago, award-winning historian Ray Raphael’s Founding Myths has since established itself as a landmark of historical myth-busting. With the author’s trademark wit and flair, Founding Myths exposes the errors and inventions in America’s most cherished tales, from Paul Revere’s famous ride to Patrick Henry’s “Liberty or Death” speech. For the seventy thousand readers who have been captivated by Raphael’s eye-opening accounts, history has never been the same. In this revised tenth-anniversary edition, Raphael revisits the original myths and explores their further evolution over the past decade, uncovering new stories and peeling back additional layers of misinformation. This new edition also examines the highly politicized debates over America’s past, as well as how school textbooks and popular histories often reinforce rather than correct historical mistakes. A book that “explores the truth behind the stories of the making of our nation” (National Public Radio), this revised edition of Founding Myths will be a welcome resource for anyone seeking to separate historical fact from fiction.

Common Good Constitutionalism

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Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Common Good Constitutionalism by : Adrian Vermeule

Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Fidelity & Constraint

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Publisher : Oxford University Press
ISBN 13 : 0190932562
Total Pages : 448 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Fidelity & Constraint by : Lawrence Lessig

Download or read book Fidelity & Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107023262
Total Pages : 327 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Fourteenth Amendment and the Privileges and Immunities of American Citizenship by : Kurt T. Lash

Download or read book The Fourteenth Amendment and the Privileges and Immunities of American Citizenship written by Kurt T. Lash and published by Cambridge University Press. This book was released on 2014-04-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.