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Author: Peter Radan
Publisher: University Press of Kansas
ISBN: 0700635807
Category : Law
Languages : en
Pages : 452
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Book Description
In Texas v. White (1869), the Supreme Court ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created “an indestructible Union, composed of indestructible States.” The Court ruled “there was no place for reconsideration, or revocation, except through revolution, or through consent of the States.” In his iconoclastic work, Peter Radan demonstrates why the Court’s ruling was wrong and why, on the basis of American constitutional law in 1860–1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a “slaveholders’ Union. Creating a More Perfect Slaveholders’ Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to—namely, a system of human enslavement—had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders’ Union. Creating a More Perfect Slaveholders’ Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860–1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.
Author: Peter Radan
Publisher: University Press of Kansas
ISBN: 0700635807
Category : Law
Languages : en
Pages : 452
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Book Description
In Texas v. White (1869), the Supreme Court ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created “an indestructible Union, composed of indestructible States.” The Court ruled “there was no place for reconsideration, or revocation, except through revolution, or through consent of the States.” In his iconoclastic work, Peter Radan demonstrates why the Court’s ruling was wrong and why, on the basis of American constitutional law in 1860–1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a “slaveholders’ Union. Creating a More Perfect Slaveholders’ Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to—namely, a system of human enslavement—had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders’ Union. Creating a More Perfect Slaveholders’ Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860–1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.
Author: George William Van Cleve
Publisher: University of Chicago Press
ISBN: 0226846695
Category : History
Languages : en
Pages : 403
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Book Description
After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.
Author: Peter Radan
Publisher:
ISBN: 9780700635818
Category : HISTORY
Languages : en
Pages : 0
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Book Description
"In 1869, in Texas v White, the Supreme Court of the United States ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created "an indestructible Union, composed of indestructible states." This meant that once a state became part of the Union, "[t]here was no place for reconsideration, or revocation, except through revolution, or through consent of the states." In this iconoclastic work, Peter Radan demonstrates why the court's ruling was wrong and why, on the basis of American constitutional law in 1860-1861, the unilateral secessions of the Confederate States were lawful on the grounds that the United States was forged as a "Slaveholders' Union." Creating a more perfect Slaveholders' Union deals with two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. The two matters came together when the states seceded on the grounds that the system of government the Confederate States had agreed to-namely, a system of human enslavement-had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan shows, in the compact theory of the Constitution, which held that, because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate States sought to preserve and protect their peculiar institution by forming a more perfect Slaveholders' Union"--
Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Category : History
Languages : en
Pages : 300
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Book Description
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Author: Frederick Douglass
Publisher: BoD – Books on Demand
ISBN: 3385512875
Category : Fiction
Languages : en
Pages : 30
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Book Description
Reprint of the original, first published in 1876.
Author: Victoria Price
Publisher: Courier Dover Publications
ISBN: 0486846792
Category : Body, Mind & Spirit
Languages : en
Pages : 179
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Book Description
"A true pioneer." — Mike Dooley, New York Times bestselling author. From creating a daily routine of joy and gratitude to developing a practice of presence and forgiveness, this spiritual self-help book shows how to find your true self.
Author: Tammye Huf
Publisher: Hachette UK
ISBN: 1538720841
Category : Fiction
Languages : en
Pages : 327
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Book Description
Inspired by true events, A More Perfect Union is an epic story of love and courage, desperation and determination, and three people whose lives are inescapably entwined… Henry O’Toole sails to America in 1848 to escape the famine in Ireland, only to face anti-immigrant prejudice. Determined never to starve again, he changes his surname to Taylor and heads south to Virginia, seeking work as a traveling blacksmith on the prosperous plantations. Torn from her home and sold to Jubilee Plantation, Sarah must navigate its intricate hierarchy. And now an enigmatic blacksmith is promising her not just the world but also her freedom. How could she say no? Enslaved at Jubilee Plantation, Maple is desperate to return to her husband and daughter. With Sarah’s arrival, she sees her chance to be reunited at last with her family—but at what cost?
Author: Erwin Chemerinsky
Publisher: Picador
ISBN: 1250166004
Category : Law
Languages : en
Pages : 319
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Book Description
"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture 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
Author: Noah Feldman
Publisher: Farrar, Straus and Giroux
ISBN: 0374720878
Category : History
Languages : en
Pages : 236
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Book Description
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Author: Edward Ball
Publisher: Farrar, Straus and Giroux
ISBN: 146689749X
Category : History
Languages : en
Pages : 623
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Book Description
Decades after this celebrated work of narrative nonfiction won the National Book Award and changed the American conversation about race, Slaves in the Family is reissued by FSG Classics, with a new preface by the author. The Ball family hails from South Carolina—Charleston and thereabouts. Their plantations were among the oldest and longest-standing plantations in the South. Between 1698 and 1865, close to four thousand black people were born into slavery under the Balls or were bought by them. In Slaves in the Family, Edward Ball recounts his efforts to track down and meet the descendants of his family's slaves. Part historical narrative, part oral history, part personal story of investigation and catharsis, Slaves in the Family is, in the words of Pat Conroy, "a work of breathtaking generosity and courage, a magnificent study of the complexity and strangeness and beauty of the word ‘family.'"
