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Languages : en
Pages : 36
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Category :
Languages : en
Pages : 36
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Author: William Davenport Mercer
Publisher: University of Oklahoma Press
ISBN: 0806158662
Category : History
Languages : en
Pages : 297
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The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore’s rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig’s wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city’s actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court’s decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century. Diminishing the Bill of Rights examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron’s claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered. In explaining how the Court came to reject a multisourced view of human liberties—a position seemingly inconsistent with its previous decisions—William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall’s view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer’s work makes clear, is among the Jacksonian era’s significant democratic reforms and marks the emergence of a distinctly American constitutionalism.
Author: David J. Barron
Publisher: Simon and Schuster
ISBN: 1451681976
Category : Biography & Autobiography
Languages : en
Pages : 576
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“Vivid…Barron has given us a rich and detailed history.” —The New York Times Book Review “Ambitious...a deep history and a thoughtful inquiry into how the constitutional system of checks and balances has functioned when it comes to waging war and making peace.” —The Washington Post A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, David J. Barron opens with an account of George Washington and the Continental Congress over Washington’s plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country’s revered and colorful presidents at their most trying times—Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately—and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.
Author: Michael R. Bergman
Publisher:
ISBN: 9780764162640
Category : History
Languages : en
Pages :
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Students preparing for the Advanced Placement U.S. History exam will welcome this revised and updated set of flash cards. The cards encompass the entire AP course and offer students the flexibility to study American history in ways not available with textbooks and study guides. The 500 cards run chronologically from the Colonial era of the early 1600s to the present day, and are divided into seven general categories: Arts and Sciences, Domestic Policies, Presidential Matters, Wars and Foreign Relations, Economy and Business, Legal Issues, and Society and Culture. They are numbered and labeled so that students can arrange them within a chronological time frame or according to any of the above-noted categories. Students can use the enclosed metal ring to rearrange the cards in any order that fits their study needs. Each card has a small corner punch hole to accommodate the ring.
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Category :
Languages : en
Pages : 62
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Category :
Languages : en
Pages : 20
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Author: Joseph Hubley Ashton
Publisher:
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Category : Mexico
Languages : en
Pages : 6
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ISBN:
Category :
Languages : en
Pages : 60
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Category :
Languages : en
Pages : 66
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Author: Jerome A. Barron
Publisher: West Publishing Company
ISBN: 9780314226617
Category : Constitutional law
Languages : en
Pages : 0
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