Democracy and Distrust

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Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Democracy and Distrust by : John Hart Ely

Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

America's Counter-Revolution

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Author :
Publisher :
ISBN 13 : 9780692687918
Total Pages : 154 pages
Book Rating : 4.6/5 (879 download)

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Book Synopsis America's Counter-Revolution by : Sheldon Richman

Download or read book America's Counter-Revolution written by Sheldon Richman and published by . This book was released on 2016-04-06 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the assumption that the Constitution was a landmark in the struggle for liberty. Instead, Sheldon Richman argues, it was the product of a counter-revolution, a setback for the radicalism represented by America's break with the British empire. Drawing on careful, credible historical scholarship and contemporary political analysis, Richman suggests that this counter-revolution was the work of conservatives who sought a nation of "power, consequence, and grandeur." America's Counter-Revolution makes a persuasive case that the Constitution was a victory not for liberty but for the agendas and interests of a militaristic, aristocratic, privilege-seeking ruling class. The Anti-Federalists were right: The pursuit of "national greatness" inevitably diminishes liberty and centralizes government. The U.S. Constitution did both, as Sheldon Richman demonstrates in this powerfully argued anarchist case against the blueprint for empire known as the U.S. Constitution. --Bill Kauffman, author, Forgotten Founder, Drunken Prophet: The Life of Luther Martin The libertarian movement has long suffered from a constitutional fetishism that embraces an ahistorical reverence for the U.S. Constitution. Far too many are unaware of the extent to which the framing and adoption of the Constitution was in fact a setback for the cause of liberty. Sheldon Richman, in a compilation of readable, well researched, and compelling essays, exposes the historical, theoretical, and strategic errors in the widespread reification of a purely political document. With no single correct interpretation, the Constitution has been predictably unable to halt the growth of the modern welfare-warfare American State. I urge all proponents of a free society to give his book their diligent attention. --Jeffrey Rogers Hummel, Professor, San Jose State University; author, Emancipating Slaves, Enslaving Free Men: A History of the American Civil War "No state or government can limit itself through a written constitution, no matter how fine the words or how noble the sentiments they express. It is one of the many virtues of Sheldon Richman's book that it shows how this is true even of the American Constitution, which despite the promises of its designers and the insistence of its defenders down the years, made limited government less and not more likely." --Chandran Kukathas, London School of Economics "Richman delivers an accessible, incisive, and well-grounded argument that the Constitution centralized power and undid some of the Revolution's liberating gains. He rebuts patriotic platitudes but avoids the crude contrarianism so common in libertarian revisionism written for popular consumption. He does not romanticize America's past or overstate his case. Radical and nuanced, deferential to freedom and historical truth, Richman rises above hagiography or demonization of either the Federalists or anti-Federalists to produce an unsurpassed libertarian exploration of the subject." - Anthony Gregory, Independent Institute "[A]fter reading this book, you will never think about the U.S. Constitution and America's founding the same way again. Sheldon Richman's revealing and remarkably well-argued narrative will permanently change your outlook. . . . Richman . . . [is] one of this country's most treasured thinkers and writers . . . . [H]e draws on the most contemporary and important scholarly research, while putting the evidence in prose that is accessible and compelling." - Jeffrey A. Tucker, Liberty.me and Foundation for Economic Education

Order from Transfer

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781952116
Total Pages : 383 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Order from Transfer by : Günter Frankenberg

Download or read book Order from Transfer written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

The United States Constitution (Revisited)

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Author :
Publisher : a-argus books
ISBN 13 : 0984619569
Total Pages : 504 pages
Book Rating : 4.9/5 (846 download)

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Book Synopsis The United States Constitution (Revisited) by : J. Jackson Owensby

Download or read book The United States Constitution (Revisited) written by J. Jackson Owensby and published by a-argus books. This book was released on 2011-02 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Due Process of Lawmaking

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Publisher : Cambridge University Press
ISBN 13 : 1316194744
Total Pages : 309 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Due Process of Lawmaking by : Susan Rose-Ackerman

Download or read book Due Process of Lawmaking written by Susan Rose-Ackerman and published by Cambridge University Press. This book was released on 2015-01-22 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.

The American Voter Revisited

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Publisher : University of Michigan Press
ISBN 13 : 0472025139
Total Pages : 514 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The American Voter Revisited by : Michael S. Lewis-Beck

Download or read book The American Voter Revisited written by Michael S. Lewis-Beck and published by University of Michigan Press. This book was released on 2009-12-18 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today we are politically polarized as never before. The presidential elections of 2000 and 2004 will be remembered as two of the most contentious political events in American history. Yet despite the recent election upheaval, The American Voter Revisited discovers that voter behavior has been remarkably consistent over the last half century. And if the authors are correct in their predictions, 2008 will show just how reliably the American voter weighs in, election after election. The American Voter Revisited re-creates the outstanding 1960 classic The American Voter---which was based on the presidential elections of 1952 and 1956---following the same format, theory, and mode of analysis as the original. In this new volume, the authors test the ideas and methods of the original against presidential election surveys from 2000 and 2004. Surprisingly, the contemporary American voter is found to behave politically much like voters of the 1950s. "Simply essential. For generations, serious students of American politics have kept The American Voter right on their desk. Now, everyone will keep The American Voter Revisited right next to it." ---Larry J. Sabato, Director of the University of Virginia Center for Politics and author of A More Perfect Constitution "The American Voter Revisited is destined to be the definitive volume on American electoral behavior for decades. It is a timely book for 2008, with in-depth analyses of the 2000 and 2004 elections updating and extending the findings of the original The American Voter. It is also quite accessible, making it ideal for graduate students as well as advanced undergrads." ---Andrew E. Smith, Director of the University of New Hampshire Survey Center "A theoretically faithful, empirically innovative, comprehensive update of the original classic." ---Sam Popkin, Professor of Political Science, University of California, San Diego Michael S. Lewis-Beck is F. Wendell Miller Distinguished Professor of Political Science at the University of Iowa. William G. Jacoby is Professor of Political Science at Michigan State University. Helmut Norpoth is Professor of Political Science at Stony Brook University. Herbert F. Weisberg is Professor of Political Science at Ohio State University.

The English Constitution

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Publisher :
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.+/5 (25 download)

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Book Synopsis The English Constitution by : Walter Bagehot

Download or read book The English Constitution written by Walter Bagehot and published by . This book was released on 1872 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic study of the British constitution, paying special attention to how Parliament and the monarchy work. The author frequently draws comparisons with the American Constitution, being generally critical of the American system of government.

Keeping Faith with the Constitution

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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.

Responding to Imperfection

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Publisher : Princeton University Press
ISBN 13 : 1400821630
Total Pages : 341 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Responding to Imperfection by : Sanford Levinson

Download or read book Responding to Imperfection written by Sanford Levinson and published by Princeton University Press. This book was released on 1995-01-24 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.

Revolutions Revisited

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Publisher : Univ of North Carolina Press
ISBN 13 : 080786286X
Total Pages : 153 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Revolutions Revisited by : Ralph Lerner

Download or read book Revolutions Revisited written by Ralph Lerner and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this elegant extended essay, Ralph Lerner concentrates on the politics of enlightenment--the process by which those who sought to set minds free went about their work. Eighteenth-century revolutionaries in America and Europe, Lerner argues, found that a revolution aimed at liberating bodies and minds had somehow to be explained and defended. Lerner first investigates how the makers of revolution sought to improve their public's aspirations and chances. He pays particular attention to Benjamin Franklin, to the tone and substance of revolutionaries' appeals on both sides of the Atlantic, and to the preoccupations of first- and second-generation enlighteners among the Americans. He then unfolds the art by which later political actors, confronting the profound political, constitutional, and social divisions of their own day, drew upon and reworked their national revolutionary heritage. Lerner's examination of the speeches and writings of Edmund Burke, Abraham Lincoln, and Alexis de Tocqueville shows them to be masters of a political rhetoric once closely analyzed by Plato and his medieval student al-Farabi but now nearly forgotten. Originally published in 1994. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

The Supreme Court and the Attitudinal Model Revisited

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Publisher : Cambridge University Press
ISBN 13 : 9780521789714
Total Pages : 484 pages
Book Rating : 4.7/5 (897 download)

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Book Synopsis The Supreme Court and the Attitudinal Model Revisited by : Jeffrey A. Segal

Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.

The Sleeping Sovereign

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Publisher : Cambridge University Press
ISBN 13 : 1316425509
Total Pages : 300 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Sleeping Sovereign by : Richard Tuck

Download or read book The Sleeping Sovereign written by Richard Tuck and published by Cambridge University Press. This book was released on 2016-02-15 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.

James Madison

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Publisher : Penguin
ISBN 13 : 0698163451
Total Pages : 588 pages
Book Rating : 4.6/5 (981 download)

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Book Synopsis James Madison by : Lynne Cheney

Download or read book James Madison written by Lynne Cheney and published by Penguin. This book was released on 2014-05-06 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major new biography of the fourth president of the United States by New York Times bestselling author Lynne Cheney Lin-Manuel Miranda's play "Hamilton" has reignited interest in the founding fathers; it features James Madison among its vibrant cast of characters. This majestic new biography of James Madison explores the astonishing story of a man of vaunted modesty who audaciously changed the world. Among the Founding Fathers, Madison was a true genius of the early republic. Outwardly reserved, Madison was the intellectual driving force behind the Constitution and crucial to its ratification. His visionary political philosophy and rationale for the union of states—so eloquently presented in The Federalist papers—helped shape the country Americans live in today. Along with Thomas Jefferson, Madison would found the first political party in the country’s history—the Democratic Republicans. As Jefferson’s secretary of state, he managed the Louisiana Purchase, doubling the size of the United States. As president, Madison led the country in its first war under the Constitution, the War of 1812. Without precedent to guide him, he would demonstrate that a republic could defend its honor and independence—and remain a republic still.

The Heritage Guide to the Constitution

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Publisher : Simon and Schuster
ISBN 13 : 1621573524
Total Pages : 644 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Heritage Guide to the Constitution by : David F. Forte

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

The Founding Fathers Reconsidered

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Publisher : Oxford University Press
ISBN 13 : 0199713626
Total Pages : 265 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Founding Fathers Reconsidered by : R. B. Bernstein

Download or read book The Founding Fathers Reconsidered written by R. B. Bernstein and published by Oxford University Press. This book was released on 2009-05-05 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen. In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its limits, men who strove to lead the new nation even as they had to defer to the great body of the people and learn with them the possibilities and limitations of politics. Bernstein deftly traces the dynamic forces that molded these men and their contemporaries as British colonists in North America and as intellectual citizens of the Atlantic civilization's Age of Enlightenment. He analyzes the American Revolution, the framing and adoption of state and federal constitutions, and the key concepts and problems--among them independence, federalism, equality, slavery, and the separation of church and state--that both shaped and circumscribed the founders' achievements as the United States sought its place in the world.

We Have Not a Government

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Publisher : University of Chicago Press
ISBN 13 : 022664152X
Total Pages : 411 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis We Have Not a Government by : George William Van Cleve

Download or read book We Have Not a Government written by George William Van Cleve and published by University of Chicago Press. This book was released on 2019-04-05 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1783, as the Revolutionary War came to a close, Alexander Hamilton resigned in disgust from the Continental Congress after it refused to consider a fundamental reform of the Articles of Confederation. Just four years later, that same government collapsed, and Congress grudgingly agreed to support the 1787 Philadelphia Constitutional Convention, which altered the Articles beyond recognition. What occurred during this remarkably brief interval to cause the Confederation to lose public confidence and inspire Americans to replace it with a dramatically more flexible and powerful government? We Have Not a Government is the story of this contentious moment in American history. In George William Van Cleve’s book, we encounter a sharply divided America. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It experienced punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement. And a deep, long-lasting recession led to sharp controversies and social unrest across the country amid roiling debates over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led previously conflicting states, sections, and interest groups to advocate for a union powerful enough to govern a continental empire. Touching on the stories of a wide-ranging cast of characters—including John Adams, Patrick Henry, Daniel Shays, George Washington, and Thayendanegea—Van Cleve makes clear that it was the Confederation’s failures that created a political crisis and led to the 1787 Constitution. Clearly argued and superbly written, We Have Not a Government is a must-read history of this crucial period in our nation’s early life.

Madison’s Hand

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Publisher : Harvard University Press
ISBN 13 : 0674055276
Total Pages : 383 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Madison’s Hand by : Mary Sarah Bilder

Download or read book Madison’s Hand written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2015-10-19 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Bancroft Prize Winner of the James Bradford Best Biography Prize, Society for Historians of the Early American Republic Finalist, Literary Award for Nonfiction, Library of Virginia Finalist, George Washington Prize James Madison’s Notes on the 1787 Constitutional Convention have acquired nearly unquestioned authority as the description of the U.S. Constitution’s creation. No document provides a more complete record of the deliberations in Philadelphia or depicts the Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with such narrative force. But how reliable is this account? “[A] superb study of the Constitutional Convention as selectively reflected in Madison’s voluminous notes on it...Scholars have been aware that Madison made revisions in the Notes but have not intensively explored them. Bilder has looked closely indeed at the Notes and at his revisions, and the result is this lucid, subtle book. It will be impossible to view Madison’s role at the convention and read his Notes in the same uncomplicated way again...An accessible and brilliant rethinking of a crucial moment in American history.” —Robert K. Landers, Wall Street Journal