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Author: Daniel J. Hulsebosch
Publisher: Univ of North Carolina Press
ISBN: 0807876879
Category : Law
Languages : en
Pages : 505
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Book Description
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
Author: Daniel J. Hulsebosch
Publisher: Univ of North Carolina Press
ISBN: 0807876879
Category : Law
Languages : en
Pages : 505
Get Book Here
Book Description
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
Author: Herb Frazier
Publisher: Evening Post Books
ISBN: 9780982515471
Category : African Americans
Languages : en
Pages : 286
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Book Description
Author: Richard R. Beeman
Publisher: UNC Press Books
ISBN: 9780807841723
Category : History
Languages : en
Pages : 380
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Book Description
Beyond Confederation scrutinizes the ideological background of the U.S. Constitution, the rigors of its writing and ratification, and the problems it both faced and provoked immediately after ratification. The essays in this collection question muc
Author: Patricia McNeely
Publisher: Createspace Independent Publishing Platform
ISBN: 9781986066259
Category :
Languages : en
Pages : 300
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Book Description
South Carolina's most enduring colonial newspaper "The South-Carolina Gazette" was re-established by Lewis Timothy, who came to Charleston as Benjamin Franklin's partner in 1734. Although Timothy died in an "unhappy accident" in 1738, his widow, Elizabeth, with six children and a seventh on the way, became the first female publisher in America on January 4, 1739. The Timothys published their newspapers through perilous times until the end of the 18th century but not before leaving a legacy for thousands of dedicated journalists who followed in their footsteps during troubled and difficult times. The story of South Carolina's newspapers is inspiring and sometimes heartbreaking. Journalists have struggled through financial crises, paper shortages, threats, duels, assassinations and lawsuits for almost 300 years while always remembering their mission of rooting out corruption, fighting for freedom of information and continuing Timothy's legacy of providing news and information for their readers. All profits from this book go to the Freedom of Information fund at the South Carolina Press Association.
Author: Hannah Farber
Publisher: UNC Press Books
ISBN: 1469663643
Category : History
Languages : en
Pages : 350
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Book Description
Unassuming but formidable, American maritime insurers used their position at the pinnacle of global trade to shape the new nation. The international information they gathered and the capital they generated enabled them to play central roles in state building and economic development. During the Revolution, they helped the U.S. negotiate foreign loans, sell state debts, and establish a single national bank. Afterward, they increased their influence by lending money to the federal government and to its citizens. Even as federal and state governments began to encroach on their domain, maritime insurers adapted, preserving their autonomy and authority through extensive involvement in the formation of commercial law. Leveraging their claims to unmatched expertise, they operated free from government interference while simultaneously embedding themselves into the nation's institutional fabric. By the early nineteenth century, insurers were no longer just risk assessors. They were nation builders and market makers. Deeply and imaginatively researched, Underwriters of the United States uses marine insurers to reveal a startlingly original story of risk, money, and power in the founding era.
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: Denis Galligan
Publisher: OUP Oxford
ISBN: 0191025496
Category : Law
Languages : en
Pages : 456
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Book Description
The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of representative parliamentary government. Changes at the practical level of the constitution were accompanied by a wealth of ideas on constitutions written from different - and often competing - perspectives. Hobbes and Locke, Harrington, Hume, and Bentham, Coke, the Levellers, and Blackstone were all engaged in the constitutional affairs of the day, and their writings influenced the direction and outcome of constitutional thought and development. They treated themes of a universal and timeless character and as such have established themselves of lasting interest and importance in the history of constitutional thought. Examining their works we can follow the shaping of contemporary ideas of constitutions, and the design of constitutional texts. At the same time major constitutional change and upheaval were taking place in America and France. This was an era of intense discussion, examination, and constitution-making. The new nation of the United States looked to authors such as Locke, Hume, Harrington, and Sydney for guidance in their search for a new republicanism, adding to the development of constitutional thought and practice. This collection includes chapters examining the influences of Madison, Hamilton, Jefferson, and Adams. In France the influence of Rousseau was apparent in the revolutionary constitution, and Sieyes was an active participant in its discussion and design. Montesquieu and de Maistre reflected on the nature of constitutions and constitutional government, and these French writers drew on, engaged with, and challenged the British and American writers. The essays in this volume reveal a previously unexplored dynamic relationship between the authors of the three nations, explaining the intimate connection between ruler and ruled.
Author: Jack Bass
Publisher: Sweet & Maxwell
ISBN: 9780865545526
Category : History
Languages : en
Pages : 280
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Book Description
An account of the night of February 8, 1968 when a group of young people were protesting on the campus of South Carolina State College and officers of the law opened fire killing three young men.
Author: Gary C. Bryner
Publisher: State University of New York Press
ISBN: 0791497925
Category : Political Science
Languages : en
Pages : 204
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Book Description
In the two hundred years since ratification of the Constitution, government regulation of American society has grown enormously in both scope and complexity. The Framers, who made short work of regulation with the simple admonition that "Congress shall have the power To... regulate Commerce," would surely blanch at the extent to which those few words have since been interpreted. Beyond mere immensity, one wonders if they could have foreseen the degree to which broad bureaucratic discretion would threaten the constitutionally based separation of powers, rule of law, and individual rights—or, on the other hand, to what extent unchecked administrative oversight and political manipulation could threaten regulatory efficiency and effectiveness. In this volume eight prominent scholars representing the disciplines of political science, government, law, and philosophy analyze and debate with each other different aspects of government regulation, and the problems generated thereby, from a constitutional perspective. Topics include the growth, scope, and range of government regulation; regulation as it is affected by liberal thought and action; the paradox posed by the dangers to society of zealous regulatory efforts to protect it; a philosophical analysis of the preconditions for a free society; the expansion of public power through increased regulation at the expense of democratic accountability and control; expansion of judicial power to cope with regulatory rule making; the need to maintain the viability of private institutions, to include the family, in the face of increased regulation; the need for a renewed effort to assure that officials of the expanded regulatory structure have a sense of and carry out their duty to the American people; and competing views concerning how the Constitution should be interpreted regarding administrative decision making and judicial review. The Constitution and the Regulation of Society is the second of a three-volume series examining significant features of the Constitution. The series, inspired by the bicentennial of that great achievement, consists of essays presented by scholars at three conferences held at Brigham Young University in 1985, 1986, and 1987, and several additional essays written especially for these volumes. This volume includes in addition debate and discussion between the contributing scholars during the conference they attended.
Author:
Publisher:
ISBN:
Category : American literature
Languages : en
Pages : 858
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Book Description
