The Popular Sources of Political Authority

The Popular Sources of Political Authority PDF Author: Oscar Handlin
Publisher: Belknap Press
ISBN:
Category : History
Languages : en
Pages : 984

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Book Description
"Appendix. The Massachusetts towns of 1780": pages [931]-942.

The Popular Sources of Political Authority

The Popular Sources of Political Authority PDF Author: Oscar Handlin
Publisher: Belknap Press
ISBN:
Category : History
Languages : en
Pages : 984

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Book Description
"Appendix. The Massachusetts towns of 1780": pages [931]-942.

The Declaration of Independence and The Constitution of the United States

The Declaration of Independence and The Constitution of the United States PDF Author:
Publisher: Bantam Classics
ISBN: 0553904973
Category : History
Languages : en
Pages : 114

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Book Description
Together in one book, the two most important documents in United States history form the enduring legacy of America’s Founding Fathers including Thomas Jefferson, James Madison, and Alexander Hamilton. The Declaration of Independence was the promise of a representative government; the Constitution was the fulfillment of that promise. On July 4, 1776, the Second Continental Congress issued a unanimous declaration: the thirteen North American colonies would be the thirteen United States of America, free and independent of Great Britain. Drafted by Thomas Jefferson, the Declaration set forth the terms of a new form of government with the following words: "We hold these Truths to be self-evident, that all men are created equal, that they are endowed with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness." Framed in 1787 and in effect since March 1789, the Constitution of the United States of America fulfilled the promise of the Declaration by establishing a republican form of government with separate executive, legislative, and judicial branches. The first ten amendments, known as the Bill of Rights, became part of the Constitution on December 15, 1791. Among the rights guaranteed by these amendments are freedom of speech, freedom of the press, freedom of religion, and the right to trial by jury. Written so that it could be adapted to endure for years to come, the Constitution has been amended only seventeen times since 1791 and has lasted longer than any other written form of government.

Law and Religion in Colonial America

Law and Religion in Colonial America PDF Author: Scott Douglas Gerber
Publisher: Cambridge University Press
ISBN: 1009289055
Category : History
Languages : en
Pages : 363

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Book Description
By focusing on law, this book offers new insights into the history of religious liberty in colonial America.

Constitutions and the Classics

Constitutions and the Classics PDF Author: Denis Galligan
Publisher: OUP Oxford
ISBN: 019102550X
Category : Law
Languages : en
Pages : 659

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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.

The Popular Sources of Political Authority. Documents on the Massachusetts Constitution of 1780. [With the Text of the Constitution]

The Popular Sources of Political Authority. Documents on the Massachusetts Constitution of 1780. [With the Text of the Constitution] PDF Author: Constitutions (Massachusetts, State of)
Publisher:
ISBN:
Category :
Languages : en
Pages : 962

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Book Description


Understanding State Constitutions

Understanding State Constitutions PDF Author: G. Alan Tarr
Publisher: Princeton University Press
ISBN: 0691188556
Category : Law
Languages : en
Pages : 261

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Book Description
For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salience at the national level: the distribution of power among groups and regions within states, the scope of state and local governmental authority, and the relation of the state to economic activity. He explains how state constitutions differ from the national Constitution in treating not only matters of high principle but also such mundane subjects as ski trails and motor vehicle revenues. He also explores why state constitutions, unlike their federal counterpart, have been so frequently amended and replaced. Tarr concludes that the United States not only has a system of dual constitutionalism but also has dual constitutional cultures. Powerfully argued and meticulously researched, the book fills an important gap in political and legal studies and finally gives state constitutions the scholarly attention they richly deserve.

The People Themselves

The People Themselves PDF Author: Larry D. Kramer
Publisher: Oxford University Press
ISBN: 0198037821
Category : Law
Languages : en
Pages : 376

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Book Description
In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract.

The Founding of Modern States

The Founding of Modern States PDF Author: Richard Franklin Bensel
Publisher: Cambridge University Press
ISBN: 1009247190
Category : Political Science
Languages : en
Pages : 525

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Book Description
The Founding of Modern States is a bold comparative work that examines the rise of the modern state through six case studies of state formation. The book opens with an analysis of three foundings that gave rise to democratic states in Britain, the United States, and France and concludes with an evaluation of three formations that birthed non-democratic states in the Soviet Union, Nazi Germany, and the Islamic Republic of Iran. Through a comparative analysis of these governments, the book argues that new state formations are defined by a metaphysical conception of a “will of the people” through which the new state is ritually granted sovereignty. The book stresses the paradoxical nature of modern foundings, characterized by “mythological imaginations,” or the symbolic acts and rituals upon which a state is enabled to secure political and social order. An extensive study of some of the most important events in modern history, this book offers readers novel interpretations that will disrupt common narratives about modern states and the state of our modern world.

Against Constitutional Originalism

Against Constitutional Originalism PDF Author: Jonathan Gienapp
Publisher: Yale University Press
ISBN: 030028036X
Category : Law
Languages : en
Pages : 361

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Book Description
A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority “What are the chances that, in 2024, a new book could fundamentally reorient how we understand America’s founding? Jonathan Gienapp . . . has written such a book. . . . You read it, and you get vertigo. . . . Gienapp’s book comes as a thunderclap.”—Cass Sunstein, Washington Post Constitutional originalism stakes law to history. The theory’s core tenet—that the U.S. Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists’ use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists’ unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution’s meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.

The Bill of Rights and the States

The Bill of Rights and the States PDF Author: Patrick T. Conley
Publisher: Rowman & Littlefield
ISBN: 9780945612292
Category : History
Languages : en
Pages : 572

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Book Description
Fourteen individual state essays elucidate the complexitites of local and regional interests that shaped the debate over individual rights and the eventual adoption of the Bill of Rights.