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Author: David Benner
Publisher:
ISBN: 9780692484265
Category :
Languages : en
Pages : 364
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Book Description
The genesis of the United States Constitution was built upon centuries of tyranny inflicted by treacherous kings and highly centralized government. In many cases, this authority had to be challenged directly in order for liberty to thrive. As a result, the Constitution was born from a laborious and exhaustive understanding of the British experience that the founders lived under and observed. In Compact of the Republic, David Benner aims to prove that the Constitution did not impose a nationalist, powerful central government, and was not ratified by "one people." Instead, the Constitution was a multi-party compact set up by the states, where the states were the masters of their own creation. The states built the federal government, and did not intend for their creation to rule over them. Compact of the Republic promises to become the standard argument for the compact view of the union, and throws a wrench into the wheel of contemporary legal thought. In Compact of the Republic, historian David Benner: *Contends that representatives were made aware that power could be resumed by the states after acts of federal overreach and usurpation *Explores the historical foundation behind the Bill of Rights, and traces the limitations on government to malevolent actions of kings *Proves the Constitution acknowledges the states in the plural, as a collection of societies with varied interests *Reveals that the "elastic clauses" were clearly explained and leave no room for modern reinterpretation *Explains how the federal judiciary now overturns state laws that they have no discretion over, to the contrary of its original scope of power *Describes how Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was only secured by convincing opponents of the Constitution that the document would produce a weak general government with limited, enumerated powers
Author: David Benner
Publisher:
ISBN: 9780692484265
Category :
Languages : en
Pages : 364
Get Book Here
Book Description
The genesis of the United States Constitution was built upon centuries of tyranny inflicted by treacherous kings and highly centralized government. In many cases, this authority had to be challenged directly in order for liberty to thrive. As a result, the Constitution was born from a laborious and exhaustive understanding of the British experience that the founders lived under and observed. In Compact of the Republic, David Benner aims to prove that the Constitution did not impose a nationalist, powerful central government, and was not ratified by "one people." Instead, the Constitution was a multi-party compact set up by the states, where the states were the masters of their own creation. The states built the federal government, and did not intend for their creation to rule over them. Compact of the Republic promises to become the standard argument for the compact view of the union, and throws a wrench into the wheel of contemporary legal thought. In Compact of the Republic, historian David Benner: *Contends that representatives were made aware that power could be resumed by the states after acts of federal overreach and usurpation *Explores the historical foundation behind the Bill of Rights, and traces the limitations on government to malevolent actions of kings *Proves the Constitution acknowledges the states in the plural, as a collection of societies with varied interests *Reveals that the "elastic clauses" were clearly explained and leave no room for modern reinterpretation *Explains how the federal judiciary now overturns state laws that they have no discretion over, to the contrary of its original scope of power *Describes how Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was only secured by convincing opponents of the Constitution that the document would produce a weak general government with limited, enumerated powers
Author: David Benner
Publisher:
ISBN: 9781502491381
Category :
Languages : en
Pages : 388
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Book Description
The genesis of the United States Constitution was built upon centuries of tyranny inflicted by treacherous kings and highly centralized government. In many cases, this authority had to be challenged directly in order for liberty to thrive. As a result, the Constitution was born from a laborious and exhaustive understanding of the British experience that the founders lived under and observed. In Compact of the Republic, David Benner aims to prove that the Constitution did not impose a nationalist, powerful central government, and was not ratified by "one people." Instead, the Constitution was a multi-party compact set up by the states, where the states were the masters of their own creation. The states built the federal government, and did not intend for their creation to rule over them. Compact of the Republic promises to become the standard argument for the compact view of the union, and throws a wrench into the wheel of contemporary legal thought. In Compact of the Republic, historian David Benner: *Contends that representatives were made aware that power could be resumed by the states after acts of federal overreach and usurpation *Explores the historical foundation behind the Bill of Rights, and traces the limitations on government to malevolent actions of kings *Proves the Constitution acknowledges the states in the plural, as a collection of societies with varied interests *Reveals that the "elastic clauses" were clearly explained and leave no room for modern reinterpretation *Explains how the federal judiciary now overturns state laws that they have no discretion over, to the contrary of its original scope of power *Describes how Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was only secured by convincing opponents of the Constitution that the document would produce a weak general government with limited, enumerated powers
Author: David Benner
Publisher: Life & Liberty Publishing Group
ISBN: 9780578189727
Category :
Languages : en
Pages :
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Book Description
Americans often describe their rights in terms of numbers derived from amendments in the federal Bill of Rights, an unambiguous set of limitations on government. Despite this tendency, most do not realize that such amendments were never designed to inhibit local authorities. Nevertheless, during the Progressive Era the federal courts began to claim that the 14th Amendment had "incorporated" federal Bill of Rights restrictions against the state governments. Ever since, this outlook has provided the basis upon which the federal judiciary overturns state laws deemed to be unsavory. As David Benner reveals in The 14th Amendment and the Incorporation Doctrine, no such function was originally envisioned by the amendment. Demonstrating the subject's far-reaching ramifications, he illustrates how the embrace of incorporation has severely eroded the Constitution's original intent. Without constitutional sanction, this fallacious doctrine has given the federal courts an excuse to meddle with the internal affairs of the states. Virtually ignored in modern legal studies, the incorporation doctrine is now considered a settled matter of American jurisprudence. Despite the lack of attention to the topic, Benner argues that there is no legal precept that has done more to transform the power of the federal judiciary into a superlative force.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Bradley J. Birzer
Publisher: Simon and Schuster
ISBN: 1621578437
Category : Biography & Autobiography
Languages : en
Pages : 176
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Book Description
"He was a man of the frontier, self-made but appreciative of those who gave him their loyalty and support. He was, pure and simple, and American..." He was controversial in his time—and even more controversial in our own. Indian fighter, ardent patriot, hero of the War of 1812, the very embodiment of America’s democratic and frontier spirit, Andrew Jackson was an iconic figure. Today, Jackson is criticized and reviled – condemned as a slave-owner, repudiated as the president who dispatched the Indians down the “Trail of Tears,” dropped with embarrassment by the Democratic Party, and demanded by many to be removed from the twenty-dollar bill. Who is the real Andrew Jackson? The beloved Old Hickory whom Americans once revered? Or the villain who has become a prime target of the Social Justice Warriors? Using letters, diaries, newspaper columns, and notes, historian Bradley Birzer provides a fresh and enlightening perspective on Jackson —unvarnished, true to history, revealing why President Donald Trump sees Andrew Jackson as a political role model, and illustrating the strong parallels between the anxieties of Jacksonian America and the anxieties of the "Hillbilly Elegy" voting bloc of today. In this brilliant new book, Bradley Birzer makes the case that Jackson was… The epitome of the American frontier republican. Passionately devoted to individual liberty. A staunch proponent of Christian morality. Not only dedicated but also vital to the preservation of the Union. A significant and influential role model to President Donald J. Trump. In Defense of Andrew Jackson sets the record straight on our seventh president, revealing a radically new but historically accurate perspective on Jackson. “I’m not an Andrew Jackson fan, but I’m definitely a Bradley Birzer fan. His case for Old Hickory is as strong as any I’ve seen and deserves to be reckoned with.”- THOMAS E. WOODS JR., author of The Politically Incorrect Guide to American History. “Most discussion of Andrew Jackson falls into predictable ruts, defaulting automatically to clichés that reflect more on our own time than his. Whether America is entering another ‘Jacksonian’ period depends upon understanding the first one more clearly, and we have Bradley Birzer to thank for taking up a spirited defense of this complicated man and his legacy.” - STEVEN F. HAYWARD, author of The Age of Reagan: The Conservative Counterrevolution 1980-1989. “Liberal revisionists have pounded Andrew Jackson down to the point where Democrats are ashamed to admit he founded their party. In Defense of Andrew Jackson sets the record straight on America’s first populist president.” - JAMES S. ROBBINS, author of Erasing America: Losing Our Future by Destroying Our Past. “As a man and a military hero, Andrew Jackson is as American as they come. But in this timely biography, Bradley Birzer has managed to peel back layers of cliché and reveal our seventh president as a more complex human being than current textbooks allow.” - GLEAVES WHITNEY, director of Grand Valley State University’s Hauenstein Center for Presidential Studies.
Author:
Publisher: National Archives & Records Administration
ISBN:
Category : Political Science
Languages : en
Pages : 40
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Book Description
Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.
Author: Richard Beeman
Publisher: Random House Trade Paperbacks
ISBN: 0812976843
Category : History
Languages : en
Pages : 546
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Book Description
In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of the debate and the characters of the men who labored that historic summer. Virtually all of the issues in dispute—the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery—have continued to provoke conflict throughout our nation's history. This unprecedented book takes readers behind the scenes to show how the world's most enduring constitution was forged through conflict, compromise, and fragile consensus. As Gouverneur Morris, delegate of Pennsylvania, noted: "While some have boasted it as a work from Heaven, others have given it a less righteous origin. I have many reasons to believe that it is the work of plain, honest men."
Author: Donald S. Lutz
Publisher:
ISBN:
Category : History
Languages : en
Pages : 448
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Book Description
Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Charles Austin Beard
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 350
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Book Description
Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668
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Book Description
