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The Origins of American Constitutionalism

Author: Donald S. Lutz

Publisher: Lsu Press

ISBN: 9780807115060

Category: History

Page: 178

View: 1563

In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.

The Complete American Constitutionalism, Volume One

Introduction and the Colonial Era

Author: Howard Gillman,Mark A. Graber,Keith E. Whittington

Publisher: Oxford University Press, USA

ISBN: 0190237627

Category: Law

Page: 576

View: 3084

The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.

Colonial origins of the American Constitution

a documentary history

Author: Donald S. Lutz

Publisher: Liberty Fund Inc.

ISBN: N.A

Category: History

Page: 396

View: 688

This landmark collection of eighty documents created by the American colonists--and not English officials--is the genesis of American fundamental law and constitutionalism. Included are all documents attempting to unite the colonies, beginning with the New England Confederation of 1643.

Remaking Custom

Law and Identity in the Early American Republic

Author: Ellen Holmes Pearson

Publisher: University of Virginia Press

ISBN: 0813930936

Category: History

Page: 272

View: 1704

History has largely forgotten the writings, both public and private, of early nineteenth-century America’s legal scholars. However, Ellen Holmes Pearson argues that the observers from this era had a unique perspective on the young nation and the directions in which its legal culture might go. Remaking Custom draws on the law lectures, treatises, speeches, and papers of the early republic’s legal scholars to examine the critical role that they played in the formation of American identities. As intermediaries between the founders of America’s newly independent polities and the next generation of legal practitioners and political leaders, the nation’s law educators expressed pride in the retention of the "republican parts" of England’s common law while at the same time identifying some of the central features that distinguished American law from that of Britain. From their perspective, the new nation’s blending of tradition and innovation produced a superior national character. Because American law educators interpreted both local and national legal trends, Remaking Custom reveals how national identities developed through Americans’ articulation of their local customs and identities. Pearson examines the innovations that legists could celebrate, such as constitutional changes that placed the people at the center of their governments and more egalitarian property laws that accompanied America’s abundant supply of land. The book also deals with innovations that presented uncomfortable challenges to law educators as they sought creative ways to justify the legal cultures that grew up around slavery and Anglo-Americans’ hunger for land occupied by Native Americans.

Rome Reborn on Western Shores

Historical Imagination and the Creation of the American Republic

Author: Eran Shalev

Publisher: University of Virginia Press

ISBN: 0813928397

Category: History

Page: 328

View: 7455

Rome Reborn on Western Shores examines the literature of the Revolutionary era to explore the ways in which American patriots employed the classics and to assess antiquity's importance to the early political culture of the United States. Where other writers have concentrated on political theory and ideology, Shalev demonstrates that classical discourse constituted a distinct mode of historical thought during the era, tracing the role of the classics from roughly 1760 to 1800 and beyond. His analysis shows how the classics provided a critical perspective on the management of the British Empire, a common fund of legitimizing images and organizing assumptions during the revolutionary conflict, a medium for political discourse in the process of state construction between 1776 and 1787, and a usable past once the Revolution was over. Rome Reborn examines the extent to which classical antiquity, especially Rome, molded understandings of history, politics, and time, even as the experience of the Revolution reshaped patriots' understanding of the classics. The book studies the historical sensibilities that enabled revolutionaries to imagine themselves continuing a historical process that originated with classical Greece and Rome. In particular, their attitudes toward, and understandings of, time provided revolutionaries with a distinct historical consciousness that connected the classical past to the revolutionary present and shaped their expectations about America's future.

The Foundations of American Constitutionalism

Author: Andrew Cunningham McLaughlin

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772271

Category: History

Page: 176

View: 430

McLaughlin, Andrew C. The Foundations of American Constitutionalism. New York: The New York University Press, 1932. vii, 176 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-227-1. Cloth. $65. * An historian with a legal background, McLaughlin [1861-1947] traces the principles of justice embodied by the United States Constitution to the influence of colonial New England political philosophy and Puritan practices and ideals of personal rights and limited government. A reprint of the Anson G. Phelps Lectures on Early American History delivered at New York University in 1932.

The Union As It Is

Constitutional Unionism and Sectional Compromise, 1787-1861

Author: Peter B. Knupfer

Publisher: Univ of North Carolina Press

ISBN: 080786255X

Category: History

Page: 304

View: 4957

The first scholar to trace the meaning and importance of the idea of political compromise from the founding of the Republic to the onset of the Civil War, Knupfer shows how recurring justifications of sectional compromise reflected common ideas about the way governments were supposed to work. Originally published in 1991. 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.

Principles of Constitutional Design

Author: Donald S. Lutz

Publisher: Cambridge University Press

ISBN: 1139460552

Category: Political Science

Page: N.A

View: 7642

This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.

Commercial Providence

The Secret Destiny of the American Empire

Author: Patrick Mendis

Publisher: University Press of America

ISBN: 0761852441

Category: History

Page: 286

View: 5711

"The founders built an architecture for diversity. This book posits in the most intriguing way the roots of that design."---Professor Ronald Heifetz, co-author of the Practice of Adaptive Leadership, Harvard Kennedy School and Cambridge Leadership Associates "[This book] provides valuable insights for the student of history and the modern political leader alike...seen through the eyes of the Founding Fathers and the Masonic Architect of the Universe [from the foreword]."---Professor Stephen Joel Trachtenberg, president emeritus, The George Washington University "A unique and insightful analysis of the power of freedom..."---Senator Thomas Daschle, former U.S. Senate Majority Leader "Carefully researched and perceptive book..."---Congressman Robert Livingston, former Speaker-elect, U.S. Congress "[Mendis is] like Alexis de Tocqueville..."---Rear Admiral William Sizemore (Ret.), U.S. Navy "Mendis changes the way we look at our history, policy, and trade."---Dr. Paula Stern, former chairwoman of the U.S. International Trade Commission "His eye-opening thesis [has] enormous relevance for today."---Ambassador Frank Loy, former undersecretary of state under President Bill Clinton "[He] has a clear and cogent message: America will succeed; it is embedded in our destiny."---Ambassador Paula Dobriansky, former undersecretary of state under President George W. Bush "Original and fascinating..."---James Fallows, The Atlantic Monthly and National Public Radio "Mendis goes beyond Dan Brown's Lost Symbol to disclose the true story of the fictional narrative."---Masonic Grand Master Akram Elias, co-producer (with Academy Award winner Richard Dreyfuss) of Mr. Dreyfuss Goes to Washington

The First American Constitutions

Republican Ideology and the Making of the State Constitutions in the Revolutionary Era

Author: Willi Paul Adams

Publisher: Rowman & Littlefield

ISBN: 9780742520691

Category: Political Science

Page: 378

View: 7436

For the last twenty years this book has been cited by every serious writer on early American constitutional development. Any constitutional history of the independent United States must begin with this comprehensive study. This volume contains two new chapters: one demonstrating precedents in the state constitutions for the U.S. Constitution, and another chapter critically testing the 'republicanism over liberalism' thesis against political ideas and institutional arrangements that constitute the first state constitutions.

A Southern Writer and the Civil War

The Confederate Imagination of William Gilmore Simms

Author: Jeffery J. Rogers

Publisher: Lexington Books

ISBN: 1498502024

Category: History

Page: 222

View: 8364

This book lies at the intersection of Civil War history and the history of American literature. Rogers challenges prevailing assumptions about the nature of southern identity during the American Civil War and describes an important period in the life of William Gilmore Simms, one of nineteenth-century America's most widely read authors.

The Anti-Rent Era in New York Law and Politics, 1839-1865

Author: Charles W. McCurdy

Publisher: Univ of North Carolina Press

ISBN: 0807860875

Category: Law

Page: 424

View: 3707

A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in 1865, the Anti-Rent movement impelled the state's governors, legislators, judges, and journalists, as well as delegates to New York's bellwether constitutional convention of 1846, to wrestle with two difficult problems of social policy. One was how to put down violent tenant resistance to the enforcement of landlord property and contract rights. The second was how to abolish the archaic form of land tenure at the root of the rent strike. Charles McCurdy considers the public debate on these questions from a fresh perspective. Instead of treating law and politics as dependent variables--as mirrors of social interests or accelerators of social change--he highlights the manifold ways in which law and politics shaped both the pattern of Anti-Rent violence and the drive for land reform. In the process, he provides a major reinterpretation of the ideas and institutions that diminished the promise of American democracy in the supposed "golden age" of American law and politics.

American Constitutionalism, Marriage, and the Family

Obergefell v. Hodges and U.S. v. Windsor in Context

Author: Patrick N. Cain,David Ramsey

Publisher: Rowman & Littlefield

ISBN: 149852818X

Category: Law

Page: 240

View: 7005

This volume examines the Supreme Court’s rulings in U.S. v. Windsor and Obergefell v. Hodges in light of its earlier rulings while also incorporating several prominent accounts of marriage and the family from the history of political philosophy.

The Cambridge History of Law in America

Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803055

Category: History

Page: 739

View: 3844

This volume covers American law from the earliest settlement and colonization of North America.

The Bill of Rights and the States

The Colonial and Revolutionary Origins of American Liberties

Author: Patrick T. Conley

Publisher: Madison House Pub

ISBN: N.A

Category: History

Page: 542

View: 1568

Fourteen individual state essays elucidate the complexitites of local and regional interests that shaped the debate over individual rights and the eventual adoption of the Bill of Rights.

Root and Branch

African Americans in New York and East Jersey, 1613-1863

Author: Graham Russell Gao Hodges

Publisher: Univ of North Carolina Press

ISBN: 0807876011

Category: Social Science

Page: 424

View: 9648

In this remarkable book, Graham Hodges presents a comprehensive history of African Americans in New York City and its rural environs from the arrival of the first African--a sailor marooned on Manhattan Island in 1613--to the bloody Draft Riots of 1863. Throughout, he explores the intertwined themes of freedom and servitude, city and countryside, and work, religion, and resistance that shaped black life in the region through two and a half centuries. Hodges chronicles the lives of the first free black settlers in the Dutch-ruled city, the gradual slide into enslavement after the British takeover, the fierce era of slavery, and the painfully slow process of emancipation. He pays particular attention to the black religious experience in all its complexity and to the vibrant slave culture that was shaped on the streets and in the taverns. Together, Hodges shows, these two potent forces helped fuel the long and arduous pilgrimage to liberty.

Quaker Constitutionalism and the Political Thought of John Dickinson

Author: Jane E. Calvert

Publisher: Cambridge University Press

ISBN: 0521884365

Category: History

Page: 382

View: 8709

This book traces the theory of Quaker constitutionalism from the early Quakers through Founding Father John Dickinson to Martin Luther King, Jr.

A Distinct Judicial Power

The Origins of an Independent Judiciary, 1606-1787

Author: Scott Douglas Gerber

Publisher: Oxford University Press

ISBN: 0199765871

Category: Law

Page: 413

View: 7336

This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.

The Language of Liberal Constitutionalism

Author: Howard Schweber

Publisher: Cambridge University Press

ISBN: 1139462598

Category: Philosophy

Page: N.A

View: 9104

This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.

Woodrow Wilson and the Roots of Modern Liberalism

Author: Ronald J. Pestritto

Publisher: Rowman & Littlefield Publishers

ISBN: 1442201088

Category: Political Science

Page: 296

View: 4679

Woodrow Wilson is best known for his service as the twenty-eighth president of the United States and his influence on American foreign policy in the twentieth century and beyond. Yet Wilson is equally important for his influence on how Americans think about their Constitution and principles of government. Woodrow Wilson and the Roots of Modern Liberalism highlights Wilson's sharp departure from the traditional principles of American government, most notably the Constitution. Ronald J. Pestritto persuasively argues that Wilson's unfailing criticism places him clearly in line with the Progressives' assault on the original principles of American constitutionalism. Drawing primarily from early writings and speeches that Wilson made during his years as a scholar, Pestritto examines the future president's clear and consistent ideologies that laid the foundation for later actions taken as a public leader. Engaging and thought-provoking, Woodrow Wilson and the Roots of Modern Liberalism gets to the heart of Wilson's political ideologies and brings a fresh perspective to the study of American political development.

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