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The Us Constitution Of 1791 And The Fugitive Slave Clause
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Book Synopsis The US Constitution of 1791 and the Fugitive Slave Clause by : Norman Coles
Download or read book The US Constitution of 1791 and the Fugitive Slave Clause written by Norman Coles and published by Liverpool University Press. This book was released on 2019-11-20 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.
Book Synopsis The Constitution of the United States by : United States
Download or read book The Constitution of the United States written by United States and published by . This book was released on 1854 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Constitutional Manual for the National American Party by : Thomas Robinson Hazard
Download or read book A Constitutional Manual for the National American Party written by Thomas Robinson Hazard and published by . This book was released on 1856 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitution of the United States, with the Acts of Congress, Relating to Slavery by :
Download or read book The Constitution of the United States, with the Acts of Congress, Relating to Slavery written by and published by . This book was released on 1854 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The US Constitution of 1791 and the Fugitive Slave Clause by : Norman Coles
Download or read book The US Constitution of 1791 and the Fugitive Slave Clause written by Norman Coles and published by Liverpool University Press. This book was released on 2019-11-20 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.
Book Synopsis The Chicago Common Council and the Fugitive Slave Law of 1850 by : Charles W. Mann
Download or read book The Chicago Common Council and the Fugitive Slave Law of 1850 written by Charles W. Mann and published by . This book was released on 2016-06-25 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Chicago Common Council and the Fugitive Slave Law of 1850: An Address Read Before the Chicago Historical Society at a Special Meeting Held January 29, 1903 In short, this decision placed the execution of the Act of 1793 in the hands of the general government and thereby left unimpaired the action of several States prohibiting State officers from executing it. Thus the legal machinery became inadequate for the execution of the law, and with the increasing feeling at the North, the complaints of the South became constant. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Book Synopsis Slavery and the Founders by : Paul Finkelman
Download or read book Slavery and the Founders written by Paul Finkelman and published by M.E. Sharpe. This book was released on 2014-04-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this classic work addresses how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. This third edition incorporates a new chapter on the regulation of the African slave trade and the latest research on Thomas Jefferson.
Book Synopsis The War Before the War by : Andrew Delbanco
Download or read book The War Before the War written by Andrew Delbanco and published by Penguin. This book was released on 2019-11-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Notable Book Selection Winner of the Mark Lynton History Prize Winner of the Anisfield-Wolf Book Award Winner of the Lionel Trilling Book Award A New York Times Critics' Best Book "Excellent... stunning."—Ta-Nehisi Coates This book tells the story of America’s original sin—slavery—through politics, law, literature, and above all, through the eyes of enslavedblack people who risked their lives to flee from bondage, thereby forcing the nation to confront the truth about itself. The struggle over slavery divided not only the American nation but also the hearts and minds of individual citizens faced with the timeless problem of when to submit to unjust laws and when to resist. The War Before the War illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.
Book Synopsis Through Darkness to Light by : Jeanine Michna-Bales
Download or read book Through Darkness to Light written by Jeanine Michna-Bales and published by Chronicle Books. This book was released on 2017-03-28 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: They left in the middle of the night—often carrying little more than the knowledge to follow the North Star. Between 1830 and the end of the Civil War in 1865, an estimated one hundred thousand slaves became passengers on the Underground Railroad, a journey of untold hardship, in search of freedom. In Through Darkness to Light: Photographs Along the Underground Railroad, Jeanine Michna-Bales presents a remarkable series of images following a route from the cotton plantations of central Louisiana, through the cypress swamps of Mississippi and the plains of Indiana, north to the Canadian border— a path of nearly fourteen hundred miles. The culmination of a ten-year research quest, Through Darkness to Light imagines a journey along the Underground Railroad as it might have appeared to any freedom seeker. Framing the powerful visual narrative is an introduction by Michna-Bales; a foreword by noted politician, pastor, and civil rights activist Andrew J. Young; and essays by Fergus M. Bordewich, Robert F. Darden, and Eric R. Jackson.
Book Synopsis Citizenship Reimagined by : Allan Colbern
Download or read book Citizenship Reimagined written by Allan Colbern and published by Cambridge University Press. This book was released on 2020-10-22 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: States have historically led in rights expansion for marginalized populations and remain leaders today on the rights of undocumented immigrants.
Book Synopsis The Haitian Revolution by : Toussaint L'Ouverture
Download or read book The Haitian Revolution written by Toussaint L'Ouverture and published by Verso Books. This book was released on 2019-11-12 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toussaint L’Ouverture was the leader of the Haitian Revolution in the late eighteenth century, in which slaves rebelled against their masters and established the first black republic. In this collection of his writings and speeches, former Haitian politician Jean-Bertrand Aristide demonstrates L’Ouverture’s profound contribution to the struggle for equality.
Book Synopsis Lincoln and Chief Justice Taney by : James F. Simon
Download or read book Lincoln and Chief Justice Taney written by James F. Simon and published by Simon and Schuster. This book was released on 2007-11-20 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers are vividly brought to life in this compelling story of the momentous tug-of-war between these two men during the worst crisis in American history.
Book Synopsis The Revolutionary Constitution by : David J. Bodenhamer
Download or read book The Revolutionary Constitution written by David J. Bodenhamer and published by Oxford University Press. This book was released on 2012-02-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
Book Synopsis A Question of Freedom by : William G. Thomas
Download or read book A Question of Freedom written by William G. Thomas and published by Yale University Press. This book was released on 2020-11-24 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of the longest and most complex legal challenge to slavery in American history For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
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 272 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.
Book Synopsis We the People by : Erwin Chemerinsky
Download or read book We the People written by Erwin Chemerinsky and published by Picador. This book was released on 2018-11-13 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A primer on recognizing the power and promise of the Preamble and the Constitution during this conservative assault on our founding text “Over the course of American history, there have been great gains in individual freedom and enormous advances in equality for racial minorities, women, and gays and lesbians, though obviously much remains to be done. Now we are at a moment with a president who is not committed to these values and face the reality of a Supreme Court that will likely be more hostile to them for the foreseeable future.” --From the Preface Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
Book Synopsis Reconstructing the Fourth Amendment by : Andrew E. Taslitz
Download or read book Reconstructing the Fourth Amendment written by Andrew E. Taslitz and published by NYU Press. This book was released on 2006-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
