Commentaries On The Constitution 1790 1860
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Commentaries On The Constitution 1790 1860
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Author : Elizabeth Kelley Bauer
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 1999
Commentaries On The Constitution 1790 1860 written by Elizabeth Kelley Bauer and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Constitutional history categories.
Bauer, Elizabeth Kelley. Commentaries on the Constitution 1790-1860. New York: Columbia University Press, 1952. 400 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-45409. ISBN 1-886363-66-8. Cloth. $95. * A thorough survey and examination of the "formal commentaries" on the Constitution that were written as summaries of official pronouncements by proponents of the two major schools of constitutional interpretation before the Civil War--the nationalist Northern school as evidenced by the Marshall-Story decisions in the Supreme Court, and the Southern states rights advocates who lacked an equal spokesman. As this important study places the commentaries in a historical context by comparing their theories, examining their impact and their roots in the lives of the authors, it serves to illustrate "the early divergence between the North and South in theoretical discussions of the nature of the Union, and eventually lead to the constitutional justification of Southern secession." From the Preface.
The Transatlantic Gothic Novel And The Law 1790 1860
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Author : Bridget M. Marshall
language : en
Publisher: Routledge
Release Date : 2016-02-17
The Transatlantic Gothic Novel And The Law 1790 1860 written by Bridget M. Marshall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Literary Criticism categories.
Tracing the use of legal themes in the gothic novel, Bridget M. Marshall shows these devices reflect an outpouring of anxiety about the nature of justice. On both sides of the Atlantic, novelists like William Godwin, Mary Shelley, Charles Brockden Brown, and Hannah Crafts question the foundations of the Anglo-American justice system through their portrayals of criminal and judicial procedures and their use of found documents and legal forms as key plot devices. As gothic villains, from Walpole's Manfred to Godwin's Tyrrell to Stoker's Dracula, manipulate the law and legal system to expand their power, readers are confronted with a legal system that is not merely ineffective at stopping villains but actually enables them to inflict ever greater harm on their victims. By invoking actual laws like the Black Act in England or the Fugitive Slave Act in America, gothic novels connect the fantastic horrors that constitute their primary appeal with much more shocking examples of terror and injustice. Finally, the gothic novel's preoccupation with injustice is just one element of many that connects the genre to slave narratives and to the horrors of American slavery.
The Transatlantic Gothic Novel And The Law 1790 1860
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Author : Professor Bridget M Marshall
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-04-28
The Transatlantic Gothic Novel And The Law 1790 1860 written by Professor Bridget M Marshall and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-28 with Literary Criticism categories.
Tracing the use of legal themes in the gothic novel, Bridget M. Marshall shows these devices reflect an outpouring of anxiety about the nature of justice. On both sides of the Atlantic, novelists like William Godwin, Mary Shelley, Charles Brockden Brown, and Hannah Crafts question the foundations of the Anglo-American justice system through their portrayals of criminal and judicial procedures and their use of found documents and legal forms as key plot devices. As gothic villains, from Walpole's Manfred to Godwin's Tyrrell to Stoker's Dracula, manipulate the law and legal system to expand their power, readers are confronted with a legal system that is not merely ineffective at stopping villains but actually enables them to inflict ever greater harm on their victims. By invoking actual laws like the Black Act in England or the Fugitive Slave Act in America, gothic novels connect the fantastic horrors that constitute their primary appeal with much more shocking examples of terror and injustice. Finally, the gothic novel's preoccupation with injustice is just one element of many that connects the genre to slave narratives and to the horrors of American slavery.
The Language Of Law And The Foundations Of American Constitutionalism
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Author : Gary L. McDowell
language : en
Publisher: Cambridge University Press
Release Date : 2010-06-28
The Language Of Law And The Foundations Of American Constitutionalism written by Gary L. McDowell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-28 with Political Science categories.
For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.
Justice Accused
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Author : Robert M. Cover
language : en
Publisher: Yale University Press
Release Date : 1975-01-01
Justice Accused written by Robert M. Cover and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975-01-01 with Law categories.
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak
Strangers To The Constitution
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Author : Gerald L. Neuman
language : en
Publisher: Princeton University Press
Release Date : 2010-07-01
Strangers To The Constitution written by Gerald L. Neuman and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-01 with Law categories.
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
Diminishing The Bill Of Rights
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Author : William Davenport Mercer
language : en
Publisher: University of Oklahoma Press
Release Date : 2017-04-13
Diminishing The Bill Of Rights written by William Davenport Mercer and has been published by University of Oklahoma Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-13 with History categories.
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.
The American Supreme Court
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Author : Robert G. McCloskey
language : en
Publisher: University of Chicago Press
Release Date : 2016-05-02
The American Supreme Court written by Robert G. McCloskey and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with History categories.
The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics. For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey’s wonderfully readable book is an essential guide to the past, present, and future prospects of this institution. Praise for The American Supreme Court “The classic account of the American Supreme Court by the mid-twentieth century’s most astute student of American constitutionalism updated by the early twenty-first century’s most astute student of American constitutionalism. This is the first work constitutional beginners should—and constitutional scholars do—turn to.” —Mark Graber, University of Maryland School of Law “Essential. . . . This fifth edition carries on the tradition of earlier iterations, keeping McCloskey’s keen insights, analytical framework, and normative instincts intact. . . . Levinson supplements the original argument with chapters . . . that draw on his remarkable intellectual range and invite readers to continue asking the still-salient questions McCloskey set forth a half-century earlier.” —Choice, on the fifth edition
Conscience And The Constitution
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Author : David A. J. Richards
language : en
Publisher: Princeton University Press
Release Date : 2014-07-14
Conscience And The Constitution written by David A. J. Richards and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-14 with Law categories.
At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Bibliotheca Hamiltoniana
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Author : Paul Leicester Ford
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2003
Bibliotheca Hamiltoniana written by Paul Leicester Ford and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
Ford, Paul Leicester [1865-1902]. Bibliotheca Hamiltoniana. A List of Books Written by, or Relating to Alexander Hamilton. New York: Printed for the Author The Knickerbocker Press, 1886. vi, [80] pp. (irregular pagination). Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-285-9. Cloth. $85. * Contains Alexander Hamilton's official and unofficial writings and those relating to him, arranged chronologically under the date of the first edition, with principal locations noted. With a useful chronological bibliography of all editions of The Federalist, with collation. Alexander Hamilton [1755-1804] was Secretary of the Treasury under George Washington, and author, along with John Jay and James Madison, of the influential collection of political essays, The Federalist. During his short lifetime Ford was a historian and historical novelist as well as a noted and prolific bibliographer of Americana and editor of Autobiography of Thomas Jefferson, 1743-1790. Dictionary of American Biography III: 518-520.