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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 A. Coles
Download or read book The US Constitution of 1791 and the Fugitive Slave Clause written by Norman A. Coles and published by . This book was released on 2020 with total page 0 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 Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions.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 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 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 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 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.
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 Antislavery Origins of the Fourteenth Amendment by : Jacobus tenBroek
Download or read book The Antislavery Origins of the Fourteenth Amendment written by Jacobus tenBroek and published by Univ of California Press. This book was released on 2023-11-10 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
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 292 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 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.
Author :Philadelphia Yearly Meeting of the Religious Society of Friends. Representative Meeting Publisher : ISBN 13 : Total Pages :26 pages Book Rating :4.A/5 ( download)
Book Synopsis Memorial of the Society of Friends by : Philadelphia Yearly Meeting of the Religious Society of Friends. Representative Meeting
Download or read book Memorial of the Society of Friends written by Philadelphia Yearly Meeting of the Religious Society of Friends. Representative Meeting and published by . This book was released on 1840 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitutional Origins of the American Civil War by : Michael F. Conlin
Download or read book The Constitutional Origins of the American Civil War written by Michael F. Conlin and published by Cambridge University Press. This book was released on 2019-07-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Book Synopsis Oration by Frederick Douglass. Delivered on the Occasion of the Unveiling of the Freedmen's Monument in Memory of Abraham Lincoln, in Lincoln Park, Washington, D.C., April 14th, 1876, with an Appendix by : Frederick Douglass
Download or read book Oration by Frederick Douglass. Delivered on the Occasion of the Unveiling of the Freedmen's Monument in Memory of Abraham Lincoln, in Lincoln Park, Washington, D.C., April 14th, 1876, with an Appendix written by Frederick Douglass and published by BoD – Books on Demand. This book was released on 2024-06-14 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1876.
Book Synopsis Our Documents by : The National Archives
Download or read book Our Documents written by The National Archives and published by Oxford University Press. This book was released on 2006-07-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Documents is a collection of 100 documents that the staff of the National Archives has judged most important to the development of the United States. The entry for each document includes a short introduction, a facsimile, and a transcript of the document. Backmatter includes further reading, credits, and index. The book is part of the much larger Our Documents initiative sponsored by the National Archives and Records Administration (NARA), National History Day, the Corporation for National and Community Service, and the USA Freedom Corps.
Book Synopsis Slavery in the American Republic by : David F. Ericson
Download or read book Slavery in the American Republic written by David F. Ericson and published by University Press of Kansas. This book was released on 2011-10-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many scholars believe that the existence of slavery stymied the development of the American state because slaveholding Southern politicians were so at odds with a federal government they feared would abolish their peculiar institution. David Ericson argues to the contrary, showing that over a seventy-year period slavery actually contributed significantly to the development of the American state, even as a "house divided." Drawing on deep archival research that tracks federal expenditures on slavery-related items, Ericson reveals how the policies, practices, and institutions of the early national government functioned to protect slavery and thereby contributed to its own development. Here are surprising descriptions of how the federal government increased its state capacities as it implemented slavery-friendly policies, such as creating more stable slave markets by removing Native Americans, deterring slave revolts, recovering fugitive slaves, enacting a ban on slave imports, and not enacting a ban on the interstate slave trade. It also bolstered its own law-enforcement power by reinforcing navy squadrons to interdict illegal slave trading, hiring deputy marshals to capture fugitive slaves and slave rescuers, and deploying soldiers to remove Native Americans and deter slave rescues and revolts. Going beyond Don Fehrenbacher's The Slaveholding Republic, Ericson shows how the presence of slavery indirectly influenced the development of the American state in highly significant ways. Enforcement of the 1808 slave-import ban involved the federal government in border control for the first time, and participation in founding a colony in Liberia established an early model of public-private partnerships. The presence of slavery also spurred the development of the U.S. Army through its many slavery-related deployments, particularly during the Second Seminole War, and the federal government's own slave rentals influenced its labor-management practices. Ericson's study unearths a long-neglected history, connecting slavery-influenced policy areas more explicitly to early American state development and more fully accounting for the money and manpower the federal government devoted to those areas. Rich in historical detail, it marks a significant contribution to our understanding of state development and the impact of slavery on early American politics.
Book Synopsis The U.S. Constitution by : David J. Bodenhamer
Download or read book The U.S. Constitution written by David J. Bodenhamer and published by Oxford University Press. This book was released on 2018 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution: A Very Short Introduction explores the major themes of American constitutional history --federalism, the balance of powers, property, representation, equality, and security -- and illustrates how the Constitution has served as a dynamic framework for legitimating power and advancing liberty.
Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar
Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
