Daniel Webster And The Unfinished Constitution

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Daniel Webster And The Unfinished Constitution

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Author : Peter Charles Hoffer
language : en
Publisher: University Press of Kansas
Release Date : 2021-03-26

Daniel Webster And The Unfinished Constitution written by Peter Charles Hoffer and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-26 with Law categories.

Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.

Three Speeches That Saved The Union

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Author : Peter Charles Hoffer
language : en
Publisher: NYU Press
Release Date : 2025-09-09

Three Speeches That Saved The Union written by Peter Charles Hoffer and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-09-09 with Law categories.

How three skilled orators navigated a polarized political landscape For the generation of politicians who inherited the Republic and the Union, the opening months of 1850 were a desperate time filled with increasing animosity between free and slave state leaders over issues of the expansion of slavery. Following the end of the Mexican-American War and the subsequent expansion of American territory came a series of fiery debates over how this new territory would be governed, and whether to allow California’s admission to the Union as a “free state.” Three Speeches That Saved the Union provides the first ever deep content analysis of the three most eventful speeches delivered in the Us Senate. Historian Peter Charles Hoffer offers a thorough analytical study of the roles of the "great triumvirate" of American political leaders – Henry Clay, John C. Calhoun and Daniel Webster – played in preserving the American Union. All three were lawyers, and for lawyers especially, words mattered. As is the case today, practicing law meant knowing and using “terms of art” correctly, and knowing which words would sway a jury – or a nation. Despite their opposing viewpoints, these skilled orators urged for some kind of compromise that would diffuse the possibility of civil war. Providing all three speeches in their entirety, alongside a running commentary framing the political climate and manner in which each of these speeches were delivered, Hoffer demonstrates how intractable the slavery issue had become, how near a civil war was, and how it was prevented – at least for a time. Three Speeches That Saved the Union is an invaluable study of a nation that three speeches pulled from the brink of dissolution.

Constitutionalism And Liberty

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Author : Anthony D. Bartl
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2024-11-25

Constitutionalism And Liberty written by Anthony D. Bartl and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-25 with Political Science categories.

Constitutionalism and Liberty: Essays in Honor of David K. Nichols explores the relationship between liberty and constitutionalism in American politics and political theory, and is organized around the question of how human liberty is preserved and advanced while empowering government to have the necessary authority to effectively govern society. The essays themselves are divided into three areas reflecting the breadth and diversity of David K. Nichols’s scholarship. The first assesses how we should understand separation of powers and checks and balances in the American constitutional system. The second area treats different aspects of American legal practice and jurisprudence, including the powers and role of the American judiciary philosophically and institutionally as well as questions of administrative power, civil rights, parental rights, and symbolic speech. The final section examines a range of issues in political philosophy and theory, including two chapters on the intersection of political theory with literature and art. The array of subjects covered by these chapters is a testament to the broad influence of Nichols’ teaching and scholarship, and to the widening interest in aspects of American politics, constitutional law, and political theory that cross traditional barriers in political science.

Reading Law Forward

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Author : Peter Charles Hoffer
language : en
Publisher: University Press of Kansas
Release Date : 2023-07-14

Reading Law Forward written by Peter Charles Hoffer and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-14 with Law categories.

In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.

The Works Of Daniel Webster Legal Arguments And Speeches To The Jury Contin Diplomatic And Official Papers Miscellaneous Letters

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Author : Daniel Webster
language : en
Publisher:
Release Date : 1877

The Works Of Daniel Webster Legal Arguments And Speeches To The Jury Contin Diplomatic And Official Papers Miscellaneous Letters written by Daniel Webster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1877 with United States categories.

The Works Of Daniel Webster

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Author : Daniel Webster
language : en
Publisher:
Release Date : 1890

The Works Of Daniel Webster written by Daniel Webster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1890 with United States categories.

The Speeches And Orations Of Daniel Webster

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Author : Daniel Webster
language : en
Publisher:
Release Date : 1895

The Speeches And Orations Of Daniel Webster written by Daniel Webster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1895 with categories.

Memoir Of Daniel Webster

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Author : Charles Henry Bell
language : en
Publisher:
Release Date : 1881

Memoir Of Daniel Webster written by Charles Henry Bell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1881 with Statesmen categories.

The text of Bell's Memoir of Daniel Webster prepared for the New England Historic Genealogical Society, with illustrations and original manuscripts that were reproduced in the published version. Includes approximately thirteen autograph letters from Webster, also autograph letters from Ebenezer Webster, Christopher Gore, Ezekiel Webster, Timothy Farrar, Jeremiah Mason, Robert Hayne, Lord Ashburton, Rufus Choate, Fletcher Webster, Thomas W. Thompson, and Peter Harvey.

The Great Speeches And Orations Of Daniel Webster

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Author : Daniel Webster
language : en
Publisher:
Release Date : 1879

The Great Speeches And Orations Of Daniel Webster written by Daniel Webster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1879 with Speeches, addresses, etc categories.

The Writings And Speeches Of Daniel Webster Legal Arguments And Diplomatic Papers

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Author : Daniel Webster
language : en
Publisher:
Release Date : 1903

The Writings And Speeches Of Daniel Webster Legal Arguments And Diplomatic Papers written by Daniel Webster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1903 with United States categories.