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The Atlantic Imperial Constitution
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Book Synopsis The Atlantic Imperial Constitution by : K. MacMillan
Download or read book The Atlantic Imperial Constitution written by K. MacMillan and published by Springer. This book was released on 2011-11-07 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on recent trends in both Atlantic and center-periphery literature, this book examines the relationship between the English crown - monarch, privy council, and ancillary bodies - and its Atlantic colonies under the early Stuart monarchs, James I and Charles I, circa 1603-1642.
Book Synopsis The Transatlantic Constitution by : Mary Sarah Bilder
Download or read book The Transatlantic Constitution written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2008-03-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Book Synopsis Constituting Empire by : Daniel J. Hulsebosch
Download or read book Constituting Empire written by Daniel J. Hulsebosch and published by Univ of North Carolina Press. This book was released on 2006-05-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
Book Synopsis America's Constitution by : Akhil Reed Amar
Download or read book America's Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Book Synopsis The Imperial Presidency by : Arthur Meier Schlesinger
Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Britain's Oceanic Empire by : H. V. Bowen
Download or read book Britain's Oceanic Empire written by H. V. Bowen and published by Cambridge University Press. This book was released on 2012-05-31 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative study of how the British managed the expansion of empire in the Atlantic and Indian Ocean.
Book Synopsis The American Constitutional Tradition by : H. Lowell Brown
Download or read book The American Constitutional Tradition written by H. Lowell Brown and published by Rowman & Littlefield. This book was released on 2017-05-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments. In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so. This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.
Book Synopsis The Constitution of Empire by : Gary Lawson
Download or read book The Constitution of Empire written by Gary Lawson and published by Yale University Press. This book was released on 2008-10-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.
Download or read book Rage for Order written by Lauren Benton and published by Harvard University Press. This book was released on 2016-10-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law burst on the scene as a new field in the late nineteenth century. Where did it come from? Rage for Order finds the origins of international law in empires—especially in the British Empire’s sprawling efforts to refashion the imperial constitution and use it to order the world in the early part of that century. “Rage for Order is a book of exceptional range and insight. Its successes are numerous. At a time when questions of law and legalism are attracting more and more attention from historians of 19th-century Britain and its empire, but still tend to be considered within very specific contexts, its sweep and ambition are particularly welcome...Rage for Order is a book that deserves to have major implications both for international legal history, and for the history of modern imperialism.” —Alex Middleton, Reviews in History “Rage for Order offers a fresh account of nineteenth-century global order that takes us beyond worn liberal and post-colonial narratives into a new and more adventurous terrain.” —Jens Bartelson, Australian Historical Studies
Book Synopsis John Adams and the Constitutional History of the Medieval British Empire by : James Muldoon
Download or read book John Adams and the Constitutional History of the Medieval British Empire written by James Muldoon and published by Springer. This book was released on 2017-11-03 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the increasing interest in John Adams and his political and legal thought by examining his work on the medieval British Empire. For Adams, the conflict with England was constitutional because there was no British Empire, only numerous territories including the American colonies not consolidated into a constitutional structure. Each had a unique relationship to the English. In two series of essays he rejected the Parliament’s claim to legislate for the internal governance of the American colonies. His Dissertation on the Canon and Feudal Law (1765) identified these claims with the Yoke, Norman tyranny over the defeated Saxons after 1066. Parliament was seeking to treat the colonists in similar fashion. The Novanglus essays (1774-75), traced the origin of the colonies, demonstrating that Parliament played no role in their establishment and so had no role in their internal governance without the colonists’ subsequent consent.
Book Synopsis The Idea of Europe and the Origins of the American Revolution by : D. H. Robinson
Download or read book The Idea of Europe and the Origins of the American Revolution written by D. H. Robinson and published by Oxford University Press. This book was released on 2020-09-02 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Idea of Europe and the Origins of the American Revolution, Dan Robinson presents a new history of politics in colonial America and the imperial crisis, tracing how ideas of Europe and Europeanness shaped British-American political culture. Reconstructing colonial debates about the European states system, European civilisation, and Britain's position within both, Robinson shows how these concerns informed colonial attitudes towards American identity and America's place inside - and, ultimately, outside - the emerging British Empire. Taking in more than two centuries of Atlantic history, he explores the way in which colonists inherited and adapted Anglo-British traditions of thinking about international politics, how they navigated imperial politics during the European wars of 1740-1763, and how the burgeoning patriot movement negotiated the dual crisis of Europe and Empire in the between 1763 and 1775. In the process, Robinson sheds new light on the development of public politics in colonial America, the Anglicisation/Americanisation debate, the political economy of empire, early American art and poetry, eighteenth-century geopolitical thinking, and the relationship between international affairs, nationalism, and revolution. What emerges from this story is an American Revolution that seems both decidedly arcane and strikingly relevant to the political challenges of the twenty-first century.
Book Synopsis Settlers, Liberty, and Empire by : Craig Yirush
Download or read book Settlers, Liberty, and Empire written by Craig Yirush and published by Cambridge University Press. This book was released on 2011-02-28 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the emergence of a revolutionary conception of political authority on the far shores of the eighteenth-century Atlantic world. Based on the equal natural right of English subjects to leave the realm, claim indigenous territory and establish new governments by consent, this radical set of ideas culminated in revolution and republicanism. But unlike most scholarship on early American political theory, Craig Yirush does not focus solely on the revolutionary era of the late eighteenth century. Instead, he examines how the political ideas of settler elites in British North America emerged in the often-forgotten years between the Glorious Revolution in America and the American Revolution against Britain. By taking seriously an imperial world characterized by constitutional uncertainty, geo-political rivalry and the ongoing presence of powerful Native American peoples, Yirush provides a long-term explanation for the distinctive ideas of the American Revolution.
Book Synopsis The American Revolution by : Charles Howard McIlwain
Download or read book The American Revolution written by Charles Howard McIlwain and published by . This book was released on 1923 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reconsidering the Insular Cases by : Gerald L. Neuman
Download or read book Reconsidering the Insular Cases written by Gerald L. Neuman and published by Harvard University Press. This book was released on 2015-05-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Book Synopsis The Blessings of Liberty by : Michael Les Benedict
Download or read book The Blessings of Liberty written by Michael Les Benedict and published by Rowman & Littlefield. This book was released on 2022-07-11 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This fourth edition is updated to include the 2016 election, the Trump administration, the 2020 election, and the first activities of the Biden administration.
Download or read book Empire's Twin written by Ian Tyrrell and published by Cornell University Press. This book was released on 2015-02-17 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empire's Twin broadens our conception of anti-imperialist actors, ideas, and actions; it charts this story across the range of American history, from the Revolution to our own era; and it opens up the transnational and global dimensions of American anti-imperialism.