The Constitutional Origins of the American Civil War

The Constitutional Origins of the American Civil War PDF Author: Michael F. Conlin
Publisher: Cambridge University Press
ISBN: 1108495273
Category : History
Languages : en
Pages : 351

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Book Description
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

The Constitutional Origins of the American Civil War

The Constitutional Origins of the American Civil War PDF Author: Michael F. Conlin
Publisher: Cambridge University Press
ISBN: 1108495273
Category : History
Languages : en
Pages : 351

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Book Description
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

The Second Founding: How the Civil War and Reconstruction Remade the Constitution PDF Author: Eric Foner
Publisher: W. W. Norton & Company
ISBN: 0393652580
Category : History
Languages : en
Pages : 228

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Book Description
“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.

The War that Forged a Nation

The War that Forged a Nation PDF Author: James M. McPherson
Publisher:
ISBN: 0199375771
Category : History
Languages : en
Pages : 232

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Book Description
James McPherson evokes the meaning and significance of the Civil War

American Sovereigns

American Sovereigns PDF Author: Christian G. Fritz
Publisher: Cambridge University Press
ISBN: 1139467174
Category : History
Languages : en
Pages : 441

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Book Description
American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.

Classics of American Political and Constitutional Thought

Classics of American Political and Constitutional Thought PDF 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.

A Constitutional History of Secession

A Constitutional History of Secession PDF Author: John Remington Graham
Publisher: Pelican Publishing
ISBN:
Category : History
Languages : en
Pages : 472

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Book Description
A timeless reference on the right of secession from Britainís Glorious Revolution to Canada's current situation. Born in Minnesota, John Remington Graham is a constitutional-law attorney who served as an advisor on secession to the amicus curiae for Quebec.

Our Secret Constitution

Our Secret Constitution PDF 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

Act of Justice

Act of Justice PDF Author: Burrus M. Carnahan
Publisher: University Press of Kentucky
ISBN: 0813138213
Category : History
Languages : en
Pages : 259

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Book Description
In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners—practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.

Blind No More

Blind No More PDF Author: Jonathan Daniel Wells
Publisher: University of Georgia Press
ISBN: 0820354856
Category : History
Languages : en
Pages : 199

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Book Description
With a fresh interpretation of African American resistance to kidnapping and pre-Civil War political culture, Blind No More sheds new light on the coming of the Civil War by focusing on a neglected truism: the antebellum free states experienced a dramatic ideological shift that questioned the value of the Union. Jonathan Daniel Wells explores the cause of disunion as the persistent determination on the part of enslaved people that they would flee bondage no matter the risks. By protesting against kidnappings and fugitive slave renditions, they brought slavery to the doorstep of the free states, forcing those states to recognize the meaning of freedom and the meaning of states' rights in the face of a federal government equally determined to keep standing its divided house. Through these actions, African Americans helped northerners and westerners question whether the constitutional compact was still worth upholding, a reevaluation of the republican experiment that would ultimately lead not just to Civil War but to the Thirteenth Amendment, ending slavery. Wells contends that the real story of American freedom lay not with the Confederate rebels nor even with the Union army but instead rests with the tens of thousands of self-emancipated men and women who demonstrated to the Founders, and to succeeding generations of Americans, the value of liberty.

Final Freedom

Final Freedom PDF Author: Michael Vorenberg
Publisher: Cambridge University Press
ISBN: 9780521652674
Category : History
Languages : en
Pages : 340

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Book Description
Focusing on the Thirteenth Amendment, this book examines emancipation after the Emancipation Proclamation of 1863.