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Spirit Of The Constitution
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Book Synopsis The Spirit of the Constitution by : David S. Schwartz
Download or read book The Spirit of the Constitution written by David S. Schwartz and published by Oxford University Press, USA. This book was released on 2019 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.
Book Synopsis The Antebellum Origins of the Modern Constitution by : Simon J. Gilhooley
Download or read book The Antebellum Origins of the Modern Constitution written by Simon J. Gilhooley and published by Cambridge University Press. This book was released on 2020-10-29 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
Author :Charles de Secondat baron de Montesquieu Publisher :Cambridge University Press ISBN 13 :9780521369749 Total Pages :814 pages Book Rating :4.3/5 (697 download)
Book Synopsis Montesquieu: The Spirit of the Laws by : Charles de Secondat baron de Montesquieu
Download or read book Montesquieu: The Spirit of the Laws written by Charles de Secondat baron de Montesquieu and published by Cambridge University Press. This book was released on 1989-09-21 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an influence upon those who framed the American constitution. Fully annotated, this edition focuses attention upon Montesquieu's use of sources and his text as a whole, rather than upon those opening passages towards which critical energies have traditionally been devoted, and a select bibliography and chronology are provided for those coming to Montesquieu's work for the first time.
Book Synopsis The Spirit of 1787: The Making of Our Constitution by :
Download or read book The Spirit of 1787: The Making of Our Constitution written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis John Adams and the Spirit of Liberty by : C. Bradley Thompson
Download or read book John Adams and the Spirit of Liberty written by C. Bradley Thompson and published by University Press of Kansas. This book was released on 1998-11-16 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's finest eighteenth-century student of political science, John Adams is also the least studied of the Revolution's key figures. By the time he became our second president, no American had written more about our government and not even Jefferson or Madison had read as widely about questions of human nature, natural right, political organization, and constitutional construction. Yet this staunch constitutionalist is perceived by many as having become reactionary in his later years and his ideas have been largely disregarded. In the first major work on Adams's political thought in over thirty years, C. Bradley Thompson takes issue with the notion that Adams's thought is irrelevant to the development of American ideas. Focusing on Adams's major writings, Thompson elucidates and reevaluates his political and constitutional thought by interpreting it within the tradition of political philosophy stretching from Plato to Montesquieu. This major revisionist study shows that the distinction Adams drew between "principles of liberty" and "principles of political architecture" is central to his entire political philosophy. Thompson first chronicles Adams's conceptualization of moral and political liberty during his confrontation with American Loyalists and British imperial officers over the true nature of justice and the British Constitution, illuminating Adams's two most important pre-Revolutionary essays, "A Dissertation on the Canon and Feudal Law" and "The Letters of Novanglus." He then presents Adams's debate with French philosophers over the best form of government and provides an extended analysis of his Defence of the Constitutions of Government and Discourses on Davila to demonstrate his theory of political architecture. From these pages emerges a new John Adams. In reexamining his political thought, Thompson reconstructs the contours and influences of Adams's mental universe, the ideas he challenged, the problems he considered central to constitution-making, and the methods of his reasoning. Skillfully blending history and political science, Thompson's work shows how the spirit of liberty animated Adams's life and reestablishes this forgotten Revolutionary as an independent and important thinker.
Book Synopsis The Spirit of American Government by : James Allen Smith
Download or read book The Spirit of American Government written by James Allen Smith and published by . This book was released on 1907 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Spirit of American Government by : James Allen Smith
Download or read book The Spirit of American Government written by James Allen Smith and published by . This book was released on 1912 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Spirit of American Government by : J. Allen Smith
Download or read book The Spirit of American Government written by J. Allen Smith and published by DigiCat. This book was released on 2022-09-16 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: DigiCat Publishing presents to you this special edition of "The Spirit of American Government" (A Study Of The Constitution: Its Origin, Influence And / Relation To Democracy) by J. Allen Smith. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Book Synopsis The Spirit of Japanese Law by : John Owen Haley
Download or read book The Spirit of Japanese Law written by John Owen Haley and published by University of Georgia Press. This book was released on 2006 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.
Book Synopsis Equality under the Constitution by : Judith A. Baer
Download or read book Equality under the Constitution written by Judith A. Baer and published by Cornell University Press. This book was released on 2018-03-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Book Synopsis The Spirit of American Government. A Study of the Constitution by : James Allen Smith
Download or read book The Spirit of American Government. A Study of the Constitution written by James Allen Smith and published by . This book was released on 1965 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis SPIRIT OF AMER GOVERNMENT A ST by : James Allen 1860-1926 Smith
Download or read book SPIRIT OF AMER GOVERNMENT A ST written by James Allen 1860-1926 Smith and published by Wentworth Press. This book was released on 2016-08-28 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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.
Book Synopsis The Spirit of American Government; A Study of the Constitution by : James Allen 1860-1926 Smith
Download or read book The Spirit of American Government; A Study of the Constitution written by James Allen 1860-1926 Smith and published by Andesite Press. This book was released on 2015-08-08 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author :J. Allen (James Allen) Smith Publisher :Createspace Independent Publishing Platform ISBN 13 :9781722830823 Total Pages :248 pages Book Rating :4.8/5 (38 download)
Book Synopsis The Spirit of American Government a Study of the Constitution by : J. Allen (James Allen) Smith
Download or read book The Spirit of American Government a Study of the Constitution written by J. Allen (James Allen) Smith and published by Createspace Independent Publishing Platform. This book was released on 2018-07-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of American Government A Study Of The Constitution: Its Origin, Influence And Relation To Democracy by J. Allen (James Allen) Smith It is the purpose of this volume to trace the influence of our constitutional system upon the political conditions which exist in this country to-day. This phase of our political problems has not received adequate recognition at the hands of writers on American politics. Very often indeed it has been entirely ignored, although in the short period which has elapsed since our Constitution was framed and adopted, the Western world has passed through a political as well as an industrial revolution. In the eighteenth century the majority was outside of the pale of political rights. Government as a matter of course was the expression of the will of a minority. Even in the United States, where hereditary rule was overthrown by the Revolution, an effective and recognized minority control still survived through the property qualifications for the suffrage and for office-holding, which excluded a large proportion of the people from participation in political affairs. Under such conditions there could be but little of what is now known as democracy. Moreover, slavery continued to exist upon a large scale for nearly three-quarters of a century after the Constitution was adopted, and was finally abolished only within the memory of many now living. It could hardly be expected that a political system set up for a community containing a large slave population and in which the suffrage was restricted, even among the free whites, should in any large measure embody the aims and ideas of present day democracy. In fact the American Constitution did not recognize the now more or less generally accepted principle of majority rule even as applying to the qualified voters. Moreover, it was not until several decades after the Constitution was adopted that the removal of property qualifications for voting allowed the people generally to have a voice in political affairs. We are delighted to publish this classic book as part of our extensive Classic Library collection. Many of the books in our collection have been out of print for decades, and therefore have not been accessible to the general public. The aim of our publishing program is to facilitate rapid access to this vast reservoir of literature, and our view is that this is a significant literary work, which deserves to be brought back into print after many decades. The contents of the vast majority of titles in the Classic Library have been scanned from the original works. To ensure a high quality product, each title has been meticulously hand curated by our staff. Our philosophy has been guided by a desire to provide the reader with a book that is as close as possible to ownership of the original work. We hope that you will enjoy this wonderful classic work, and that for you it becomes an enriching experience.
Book Synopsis The Spirit of Laws by : Charles de Secondat baron de Montesquieu
Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1899 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis SPIRIT OF AMER GOVERNMENT A ST by : James Allen 1860-1926 Smith
Download or read book SPIRIT OF AMER GOVERNMENT A ST written by James Allen 1860-1926 Smith and published by Wentworth Press. This book was released on 2016-08-27 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
