The Myth Of Coequal Branches

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The Myth of Coequal Branches

Author : David J. Siemers
Publisher : University of Missouri Press
ISBN 13 : 0826274218
Total Pages : 245 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis The Myth of Coequal Branches by : David J. Siemers

Download or read book The Myth of Coequal Branches written by David J. Siemers and published by University of Missouri Press. This book was released on 2018-11-29 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that the three branches of U.S. government are equal in power is taught in classrooms, proclaimed by politicians, and referenced in the media. But, as David Siemers shows, that idea is a myth, neither intended by the Founders nor true in practice. Siemers explains how adherence to this myth normalizes a politics of gridlock, in which the action of any branch can be checked by the reaction of any other. The Founders, however, envisioned a separation of functions rather than a separation of powers. Siemers argues that this view needs to replace our current view, so that the goals set out in the Constitution’s Preamble may be better achieved.

Executive Privilege

Author : Raoul Berger
Publisher : Cambridge, Mass. : Harvard University Press
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (41 download)

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Book Synopsis Executive Privilege by : Raoul Berger

Download or read book Executive Privilege written by Raoul Berger and published by Cambridge, Mass. : Harvard University Press. This book was released on 1974 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates that the presidential claim of authority to withhold information is without historical or constitutional foundation.

The Media, the Court, and the Misrepresentation

Author : Rorie Spill Solberg
Publisher : Routledge
ISBN 13 : 1135911738
Total Pages : 132 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis The Media, the Court, and the Misrepresentation by : Rorie Spill Solberg

Download or read book The Media, the Court, and the Misrepresentation written by Rorie Spill Solberg and published by Routledge. This book was released on 2014-12-02 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ "extra-curricular" activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public’s preferences for subject matter and content. The media’s portrayal, then, may undercut the Court’s legitimacy and its reservoir of good will.

The Myth of the Modern Presidency

Author : David K. Nichols
Publisher : Penn State University Press
ISBN 13 : 9780271013169
Total Pages : 0 pages
Book Rating : 4.0/5 (131 download)

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Book Synopsis The Myth of the Modern Presidency by : David K. Nichols

Download or read book The Myth of the Modern Presidency written by David K. Nichols and published by Penn State University Press. This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that a radical transformation of the Presidency took place during the FDR administration has become one of the most widely accepted tenets of contemporary scholarship. According to this view, the Constitutional Presidency was a product of the Founders' fear of arbitrary power. Only with the development of a popular extra-Constitutional Presidency did the powerful "modern Presidency" emerge. David K. Nichols argues to the contrary that the "modern Presidency" was not created by FDR. What happened during FDR's administration was a transformation in the size and scope of the national government, rather than a transformation of the Presidency in its relations to the Constitution or the other branches of government. Nichols demonstrates that the essential elements of the modern Presidency have been found throughout our history, although often less obvious in an era where the functions of the national government as a whole were restricted. Claiming that we have failed to fully appreciate the character of the Constitutional Presidency, Nichols shows that the potential for the modern Presidency was created in the Constitution itself. He analyzes three essential aspects of the modern Presidency--the President's role in the budgetary process, the President's role as chief executive, and the War Powers Act--that are logical outgrowths of the decisions made at the Constitutional Convention. Nichols concludes that it is the authors of the American Constitution, not the English or European philosophers, who provide the most satisfactory reconciliation of executive power and limited popular government. It is the authors of the Constitution who created the modern Presidency.

Capitol of Freedom

Author : Ken Buck
Publisher : Fidelis Books
ISBN 13 : 1642935085
Total Pages : 189 pages
Book Rating : 4.6/5 (429 download)

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Book Synopsis Capitol of Freedom by : Ken Buck

Download or read book Capitol of Freedom written by Ken Buck and published by Fidelis Books. This book was released on 2020-08-04 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Progressives in Washington have big plans. Plans to take over every part of the U.S. economy and manage Americans' lives. Embracing the Green New Deal, abolishing the electoral college, promoting late term abortion, and implementing socialism are just a few of the progressives' latest attempts to remake America. In the process, they abandon the Constitution and our individual liberties. Congressman Ken Buck argues that every American should rediscover our nation's unique freedom story. This book tells the story of how our nation’s founders carefully designed a political system that would guard against tyranny and protect individual liberty. Using the Capitol and its features as the backdrop, Buck shows how our heritage as a free people is woven into every institution in America, and how progressives are attempting to undermine individual liberty. The book offers clear recommendations for steps liberty-minded Americans can take to reverse the progressives’ damaging course. For all who are willing to listen, the Capitol speaks, showing how conservatives can halt the progressives' plans, preserve our remaining freedoms, and reclaim what we’ve lost.

The Judicial System

Author : Michael C. LeMay
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 235 pages
Book Rating : 4.2/5 (161 download)

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Book Synopsis The Judicial System by : Michael C. LeMay

Download or read book The Judicial System written by Michael C. LeMay and published by Bloomsbury Publishing USA. This book was released on 2022-05-18 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial System: A Reference Handbook provides an authoritative and accessible one-stop resource for understanding the U.S. judicial system and its place in the fabric of American government and society. The American judicial system plays a central role in setting and enforcing the legal rules under which the people of the United States live. U.S. courts and laws, though, are complex and often criticized for bias and other alleged shortcomings, The U.S. Supreme Court has emerged as a particular focal point of political partisanship and controversy, both in terms of the legal decisions it hands down and the makeup of its membership. Like other books in the Contemporary World Issues series, this volume comprises seven chapters. Chapter 1 presents the origins, development, and current characteristics of the American judicial system. Chapter 2 discusses problems and controversies orbiting around the U.S. justice system today. Chapter 3 features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Chapter 4 profiles influential organizations and people related to the justice system, and Chapter 5 offers relevant data and documents about U.S. courts. Chapter 6 is composed of an annotated list of important resources, while Chapter 7 offers a useful chronology of events.

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.

The Myth of the Imperial Judiciary

Author : Mark Kozlowski
Publisher : NYU Press
ISBN 13 : 0814749291
Total Pages : 309 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Myth of the Imperial Judiciary by : Mark Kozlowski

Download or read book The Myth of the Imperial Judiciary written by Mark Kozlowski and published by NYU Press. This book was released on 2006-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

The Myth of the Great Ending

Author : Joseph M. Felser
Publisher : Hampton Roads Publishing
ISBN 13 : 1612830447
Total Pages : 290 pages
Book Rating : 4.6/5 (128 download)

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Book Synopsis The Myth of the Great Ending by : Joseph M. Felser

Download or read book The Myth of the Great Ending written by Joseph M. Felser and published by Hampton Roads Publishing. This book was released on 2011-04-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Christian believers in the Apocalypse and the Rapture to New Age enthusiasts of prophecies concerning the year 2012, Doomsday lore has been a part of culture, a myth that colors how we perceive the world. Why do we remain obsessed with Doomsday myths even when they fail to materialize? What if we haven’t recognized the true message of these myths? Blending history, psychology, metaphysics, and story, philosopher and author Joseph Felser explores the spiritual questions raised by these enduring myths. Along the way he consults the work of Joseph Campbell, Carl Jung, Marie-Louise von Franz, Black Elk, Wovoka, Itzhak Bentov, Jane Roberts, Seth, Hermann Hesse, Ingo Swann, David Bohm, Fred Alan Wolf, J. Allen Boone, William James, and Robert Monroe through ever-widening circles of understanding. Felser suggests that our obsession with “The End of the World” hides a repressed, healthy longing for reconciliation with our inner and outer worlds--with nature and our own natural spirituality. He urges us to recognize and act upon that longing. When we begin to listen to nature’s voice and pay heed to our own dreams--including visions, intuitions, and instinctive promptings--the greatest revolution in all history will unfold. We can create a future of our own choosing, a beginning rather than an ending.

Political Thought and the Origins of the American Presidency

Author : Ben Lowe
Publisher : University Press of Florida
ISBN 13 : 0813057752
Total Pages : 343 pages
Book Rating : 4.8/5 (13 download)

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Book Synopsis Political Thought and the Origins of the American Presidency by : Ben Lowe

Download or read book Political Thought and the Origins of the American Presidency written by Ben Lowe and published by University Press of Florida. This book was released on 2021-06-08 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the political ideas behind the construction of the presidency in the U.S. Constitution, as well as how these ideas were implemented by the nation’s early presidents. The framers of the Constitution disagreed about the scope of the new executive role they were creating, and this volume reveals the ways the duties and power of the office developed contrary to many expectations. Here, leading scholars of the early republic examine principles from European thought and culture that were key to establishing the conceptual language and institutional parameters for the American executive office. Unpacking the debates at the 1787 Constitutional Convention, these essays describe how the Constitution left room for the first presidents to set patterns of behavior and establish a range of duties to make the office functional within a governmental system of checks and balances. Contributors explore how these presidents understood their positions and fleshed out their full responsibilities according to the everyday operations required to succeed. As disputes continue to surround the limits of executive power today, this volume helps identify and explain the circumstances in which limits can be imposed on presidents who seem to dangerously exceed the constitutional parameters of their office. Political Thought and the Origins of the American Presidency demonstrates that this distinctive, time-tested role developed from a fraught, historically contingent, and contested process. Contributors: Claire Rydell Arcenas | Lindsay M. Chervinsky | François Furstenberg | Jonathan Gienapp | Daniel J. Hulsebosch | Ben Lowe | Max Skjönsberg | Eric Slauter | Caroline Winterer | Blair Worden | Rosemarie Zagarri A volume in the Alan B. and Charna Larkin Series on the American Presidency

A Companion to the United States Constitution and Its Amendments

Author : John R. Vile
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis A Companion to the United States Constitution and Its Amendments by : John R. Vile

Download or read book A Companion to the United States Constitution and Its Amendments written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2021-10-11 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution and its 27 amendments (including the Bill of Rights) is a living document, as evidenced by new laws and Supreme Court rulings that with each passing year change how the Constitution's guidelines are interpreted and implemented. A Companion to the United States Constitution and Its Amendments is designed to show students just how revolutionary the Constitution was—and how relevant it remains today. This seventh revised edition of the Companion begins by revisiting the key events leading to the Constitution's ratification, including the writing of the Declaration of Independence and the proceedings of the Constitutional Convention, then explores the document article by article, amendment by amendment, to help readers better understand how each section of the document shapes the world we live in today. In addition, the Companion illuminates how new laws, political debates, and Supreme Court decisions are continually reshaping our understanding of the Constitution and its role in American life and society—including such essential and foundational elements of democracy as voting; elections; the peaceful transfer of power; equality before the law; civil rights and liberties; and the duties, responsibilities, and obligations of the nation's three branches of government.

The Political Constitution

Author : Greg Weiner
Publisher : University Press of Kansas
ISBN 13 : 0700628371
Total Pages : 224 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Political Constitution by : Greg Weiner

Download or read book The Political Constitution written by Greg Weiner and published by University Press of Kansas. This book was released on 2019-08-02 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands. At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.

The View of the Courts from the Hill

Author : Mark C. Miller
Publisher : University of Virginia Press
ISBN 13 : 0813928109
Total Pages : 263 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis The View of the Courts from the Hill by : Mark C. Miller

Download or read book The View of the Courts from the Hill written by Mark C. Miller and published by University of Virginia Press. This book was released on 2009-04-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book concludes with a call for the protection of judicial independence in order to preserve the voice of the federal courts in the constitutional interpretation dialogue.

A Fire Bell in the Past

Author : Jeffrey L. Pasley
Publisher : University of Missouri Press
ISBN 13 : 0826274587
Total Pages : 441 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis A Fire Bell in the Past by : Jeffrey L. Pasley

Download or read book A Fire Bell in the Past written by Jeffrey L. Pasley and published by University of Missouri Press. This book was released on 2021-06-25 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many new states entered the United States around 200 years ago, but only Missouri almost killed the nation it was trying to join. When the House of Representatives passed the Tallmadge Amendment banning slavery from the prospective new state in February 1819, it set off a two-year political crisis in which growing northern antislavery sentiment confronted the southern whites’ aggressive calls for slavery’s westward expansion. The Missouri Crisis divided the U.S. into slave and free states for the first time and crystallized many of the arguments and conflicts that would later be settled violently during the Civil War. The episode was, as Thomas Jefferson put it, “a fire bell in the night” that terrified him as the possible “knell of the Union.” Drawing on the participants in two landmark conferences held at the University of Missouri and the City University of New York, this first of two volumes finds myriad new perspectives on the Missouri Crisis. Celebrating Missouri’s bicentennial the scholarly way, with fresh research and unsparing analysis, this eloquent collection of essays from distinguished historians gives the epochal struggle over Missouri statehood its due as a major turning point in American history. Contributors include the editors, Christa Dierksheide, David N. Gellman, Sarah L. H. Gronningsater, Robert Lee, Donald Ratcliffe, Andrew Shankman, Anne Twitty, John R. Van Atta, and David Waldstreicher.

The Pursuit of Happiness in the Founding Era

Author : Carli N. Conklin
Publisher : University of Missouri Press
ISBN 13 : 0826274277
Total Pages : 215 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis The Pursuit of Happiness in the Founding Era by : Carli N. Conklin

Download or read book The Pursuit of Happiness in the Founding Era written by Carli N. Conklin and published by University of Missouri Press. This book was released on 2019-03-20 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars have long debated the meaning of the pursuit of happiness, yet have tended to define it narrowly, focusing on a single intellectual tradition, and on the use of the term within a single text, the Declaration of Independence. In this insightful volume, Carli Conklin considers the pursuit of happiness across a variety of intellectual traditions, and explores its usage in two key legal texts of the Founding Era, the Declaration and William Blackstone’s Commentaries on the Laws of England. For Blackstone, the pursuit of happiness was a science of jurisprudence, by which his students could know, and then rightly apply, the first principles of the Common Law. For the founders, the pursuit of happiness was the individual right to pursue a life lived in harmony with the law of nature and a public duty to govern in accordance with that law. Both applications suggest we consider anew how the phrase, and its underlying legal philosophies, were understood in the founding era. With this work, Conklin makes important contributions to the fields of early American intellectual and legal history.

Contesting the Constitution

Author : William S. Belko
Publisher : University of Missouri Press
ISBN 13 : 0826274552
Total Pages : 247 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis Contesting the Constitution by : William S. Belko

Download or read book Contesting the Constitution written by William S. Belko and published by University of Missouri Press. This book was released on 2021-05-07 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The admission of Missouri to the Union quickly became a constitutional crisis of the first order, inciting an intensive reexamination of the U.S. Constitution by the U.S. Congress. The heart of the question in need of resolution was whether that body possessed the authority to place conditions on a territory—in this instance Missouri—regarding restrictions on slavery—before its admittance to the Union. The larger question with which the legislators grappled were the limits of the Constitution’s provisions granting Congress the authority to affect the institution of slavery—both where it already existed and where it could expand. The issue—what would come to be known as the Missouri Crisis—severely tested the still young republic and, some four decades later, would all but rend it asunder. This timely collection of original essays thoughtfully engages the intersections of history and constitutional law, and is certain to find eager readers among historians, legal scholars, political scientists, as well as many who call Missouri home. Contributing Authors: William S. Belko Christopher Childers John Eastman Brook Poston John R. Van Atta

Disestablishment and Religious Dissent

Author : Carl H. Esbeck
Publisher : University of Missouri Press
ISBN 13 : 0826274366
Total Pages : 460 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis Disestablishment and Religious Dissent by : Carl H. Esbeck

Download or read book Disestablishment and Religious Dissent written by Carl H. Esbeck and published by University of Missouri Press. This book was released on 2019-11-15 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion. This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-state account of disestablishment in the original thirteen states, as well as a look at similar events in the soon-to-be-admitted states of Vermont, Tennessee, and Kentucky. Also considered are disestablishment in Ohio (the first state admitted from the Northwest Territory), Louisiana and Missouri (the first states admitted from the Louisiana Purchase), and Florida (wrestled from Spain under U.S. pressure). The volume makes a unique scholarly contribution by recounting in detail the process of disestablishment in each of the colonies, as well as religion’s constitutional and legal place in the new states of the federal republic.