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Author: Jack P. Greene
Publisher: Cambridge University Press
ISBN: 1139492934
Category : History
Languages : en
Pages : 223
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Book Description
Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.
Author: Jack P. Greene
Publisher: Cambridge University Press
ISBN: 1139492934
Category : History
Languages : en
Pages : 223
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Book Description
Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.
Author: Merrill Jensen
Publisher: Univ of Wisconsin Press
ISBN: 9780299002046
Category : History
Languages : en
Pages : 318
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Book Description
"Here is a book which deals with clashes between economic and political factors in the American Revolution as realistically as if its author were dealing with a presidential election."--Social Studies "An admirable analysis. It presents, in succinct form, the results of a generation of study of this chapter of our history and summarizes fairly the conclusions of that study."--Henry Steele Commager, New York Times Book Review
Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Category : History
Languages : en
Pages : 292
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Book Description
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.
Author: Charles A. Beard
Publisher: Courier Corporation
ISBN: 0486140458
Category : History
Languages : en
Pages : 338
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Book Description
This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land.
Author: Jed Rubenfeld
Publisher: Harvard University Press
ISBN: 9780674017153
Category : Law
Languages : en
Pages : 260
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Book Description
Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.
Author: Charles Howard McIlwain
Publisher: Good Press
ISBN:
Category : History
Languages : en
Pages : 97
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Book Description
In 'American Revolution: A Constitutional Interpretation,' Charles Howard McIlwain provides an insightful analysis of the American Revolution through a constitutional lens. The book delves into the political and legal dynamics of the era, exploring how the founding fathers navigated the complexities of governance and law during a time of upheaval. McIlwain's writing style is academic yet approachable, making it a valuable resource for students and scholars alike interested in early American history and political theory. The author skillfully connects historical events to constitutional principles, offering a fresh perspective on the Revolution and its lasting impact on American government and society. Charles Howard McIlwain, a prominent historian and legal scholar, brings a wealth of expertise to his examination of the American Revolution. His background in constitutional law and political theory provides the foundation for the book's nuanced analysis of the constitutional implications of the revolution. McIlwain's meticulous research and thoughtful interpretations make this book an essential read for anyone seeking a deeper understanding of the founding period of the United States. I highly recommend 'American Revolution: A Constitutional Interpretation' to readers interested in exploring the intersection of history, law, and political philosophy. McIlwain's authoritative voice and rigorous scholarship offer valuable insights into the constitutional legacy of the American Revolution, shedding light on the enduring principles that continue to shape American governance.
Author: John Phillip Reid
Publisher: University of Chicago Press
ISBN: 9780226708966
Category : Political Science
Languages : en
Pages : 248
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Book Description
"Liberty was the most cherished right possessed by English-speaking people in the eighteenth century. It was both an ideal for the guidance of governors and a standard with which to measure the constitutionality of government; both a cause of the American Revolution and a purpose for drafting the United States Constitution; both an inheritance from Great Britain and a reason republican common lawyers continued to study the law of England." As John Philip Reid goes on to make clear, "liberty" did not mean to the eighteenth-century mind what it means today. In the twentieth century, we take for granted certain rights—such as freedom of speech and freedom of the press—with which the state is forbidden to interfere. To the revolutionary generation, liberty was preserved by curbing its excesses. The concept of liberty taught not what the individual was free to do but what the rule of law permitted. Ultimately, liberty was law—the rule of law and the legalism of custom. The British constitution was the charter of liberty because it provided for the rule of law. Drawing on an impressive command of the original materials, Reid traces the eighteenth-century notion of liberty to its source in the English common law. He goes on to show how previously problematic arguments involving the related concepts of licentiousness, slavery, arbitrary power, and property can also be fit into the common-law tradition. Throughout, he focuses on what liberty meant to the people who commented on and attempted to influence public affairs on both sides of the Atlantic. He shows the depth of pride in liberty—English liberty—that pervaded the age, and he also shows the extent—unmatched in any other era or among any other people—to which liberty both guided and motivated political and constitutional action.
Author: Gerald John Fresia
Publisher: South End Press
ISBN: 9780896082977
Category : History
Languages : en
Pages : 270
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Book Description
In simple direct language, Jerry Fresia reveals the true intent of our "Founding Fathers" who designed the Constitution to protect their property and ensure that the poorer majority would have no real voice in political affairs. Fresia reveals the Founders' fears of "too much" democracy, why the Constitution was opposed by most Americans, and how its ratification was gained through deception and physical coercion. Toward an American Revolution shows how the illegal wars, domestic repression, and economic inequity of late twentieth century America are not incongruous with our Constitutional design. Book jacket.
Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 0195378326
Category : History
Languages : en
Pages : 168
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Book Description
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.
Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 9780198032434
Category : Political Science
Languages : en
Pages : 308
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Book Description
Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
