The Antebellum Origins Of The Modern Constitution
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Author | : Simon J. Gilhooley |
Publisher | : Cambridge University Press |
Total Pages | : 285 |
Release | : 2020-10-29 |
Genre | : Political Science |
ISBN | : 1108853412 |
Download The Antebellum Origins of the Modern Constitution Book in PDF, Epub and Kindle
This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
Author | : Michael F. Conlin |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2019-07-18 |
Genre | : History |
ISBN | : 1108495273 |
Download The Constitutional Origins of the American Civil War Book in PDF, Epub and Kindle
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Author | : Hannis Taylor |
Publisher | : |
Total Pages | : 738 |
Release | : 1911 |
Genre | : Constitutional history |
ISBN | : |
Download The Origin and Growth of the American Constitution Book in PDF, Epub and Kindle
Author | : John W. Compton |
Publisher | : Harvard University Press |
Total Pages | : 360 |
Release | : 2014-03-17 |
Genre | : Political Science |
ISBN | : 0674419898 |
Download The Evangelical Origins of the Living Constitution Book in PDF, Epub and Kindle
The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary’s acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime—rooted in evangelical Protestantism—that would hold sway for the rest of the twentieth century.
Author | : Mark A. Graber |
Publisher | : Cambridge University Press |
Total Pages | : 300 |
Release | : 2006-07-03 |
Genre | : History |
ISBN | : 9781139457071 |
Download Dred Scott and the Problem of Constitutional Evil Book in PDF, Epub and Kindle
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Author | : Alfred Hinsey Kelly |
Publisher | : |
Total Pages | : 1037 |
Release | : 2003-01 |
Genre | : |
ISBN | : 9780758175076 |
Download The American Constitution Book in PDF, Epub and Kindle
Author | : Gerard N. Magliocca |
Publisher | : |
Total Pages | : 208 |
Release | : 2007 |
Genre | : Biography & Autobiography |
ISBN | : |
Download Andrew Jackson and the Constitution Book in PDF, Epub and Kindle
Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.
Author | : James Oakes |
Publisher | : W. W. Norton & Company |
Total Pages | : 288 |
Release | : 2021-01-12 |
Genre | : History |
ISBN | : 1324005866 |
Download The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution Book in PDF, Epub and Kindle
Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.
Author | : Ken I. Kersch |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 2019-03-28 |
Genre | : History |
ISBN | : 0521193109 |
Download Conservatives and the Constitution Book in PDF, Epub and Kindle
Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.
Author | : Martha S. Jones |
Publisher | : Cambridge University Press |
Total Pages | : 269 |
Release | : 2018-06-28 |
Genre | : History |
ISBN | : 1107150345 |
Download Birthright Citizens Book in PDF, Epub and Kindle
Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.