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Author: Adam Tomkins
Publisher: Oxford University Press
ISBN: 9780198262909
Category : History
Languages : en
Pages : 300
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Book Description
This book provides a thorough and authoritative account of the constitutional implications of the Scott report. It is the only book-length treatment of this pivotal Report. The Scott report was established by John Major in 1992 to look into British government policy during the 1980s with regard to trade (including the arms trade) with Iraq and to establish whether the Government had lied to Parliament about its policy. Scott also investigated a number of high-profile and controversial criminal prosecutions which the government brought against several companies that were accused of illegally exporting "defence equipment" to Iraq. All of these cases failed. This book does more than merely relate the Scott story. It offers a full analysis of what the report means for the future of constitutional government, and constitutional reform, in Britain. Issues of lying to Parliament and ministerial responsibility; of the regulation and control of the civil service; and of open government and freedom of information are all reappraised in the light of Scott's discoveries. Central questions of secret intelligence and troublesome "public interest immunity certificates" are also considered. Unusually for a political scandal, Scott was not an exclusively national affair affecting only one country. There was a little-known equivalent to the Scott inquiry in the USA, and the lessons of the US experience are also discussed here - for the first time in Britain.
Author: Adam Tomkins
Publisher: Oxford University Press
ISBN: 9780198262909
Category : History
Languages : en
Pages : 300
Get Book
Book Description
This book provides a thorough and authoritative account of the constitutional implications of the Scott report. It is the only book-length treatment of this pivotal Report. The Scott report was established by John Major in 1992 to look into British government policy during the 1980s with regard to trade (including the arms trade) with Iraq and to establish whether the Government had lied to Parliament about its policy. Scott also investigated a number of high-profile and controversial criminal prosecutions which the government brought against several companies that were accused of illegally exporting "defence equipment" to Iraq. All of these cases failed. This book does more than merely relate the Scott story. It offers a full analysis of what the report means for the future of constitutional government, and constitutional reform, in Britain. Issues of lying to Parliament and ministerial responsibility; of the regulation and control of the civil service; and of open government and freedom of information are all reappraised in the light of Scott's discoveries. Central questions of secret intelligence and troublesome "public interest immunity certificates" are also considered. Unusually for a political scandal, Scott was not an exclusively national affair affecting only one country. There was a little-known equivalent to the Scott inquiry in the USA, and the lessons of the US experience are also discussed here - for the first time in Britain.
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: Roger Brooke Taney
Publisher: Legare Street Press
ISBN: 9781017251265
Category : History
Languages : en
Pages : 0
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Book Description
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Author: Scott Buchanan
Publisher:
ISBN:
Category : California
Languages : en
Pages : 36
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Book Description
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: David P. Currie
Publisher: University of Chicago Press
ISBN: 0226131092
Category : Law
Languages : en
Pages : 518
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Book Description
Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary
Author: Scott Douglas Gerber
Publisher: NYU Press
ISBN: 0814730892
Category : Law
Languages : en
Pages : 332
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Book Description
From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
Author: Linda R. Monk
Publisher: Hachette Books
ISBN: 0316381861
Category : Political Science
Languages : en
Pages : 288
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Book Description
THE WORDS WE LIVE BY takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In THE WORDS WE LIVE BY, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, THE WORDS WE LIVE BY offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. THE WORDS WE LIVE BY is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living--and entertaining--document. Updated now for the first time, THE WORDS WE LIVE BY continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.
Author: Eric Foner
Publisher: W. W. Norton & Company
ISBN: 0393652580
Category : History
Languages : en
Pages : 288
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Book Description
From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.
Author: Scott J. Hammond
Publisher:
ISBN: 9780872207875
Category : History
Languages : en
Pages : 1236
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Book Description
From James I's Address Before Parliament (1610) to Joseph R. Biden, Jr.'s Learned Hand Dinner Address Before the American Jewish Committee (2005), this two-volume set offers an unparalleled selection of key texts from the history of American political and constitutional thought.
