Recapturing The Constitution
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Recapturing The Constitution
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Author : Stephen B. Presser
language : en
Publisher: Regnery Publishing
Release Date : 1994-10-06
Recapturing The Constitution written by Stephen B. Presser and has been published by Regnery Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-10-06 with Political Science categories.
Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald
The Rise Of Populist Nationalism
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Author : Margit Feischmidt
language : en
Publisher: Central European University Press
Release Date : 2020-02-01
The Rise Of Populist Nationalism written by Margit Feischmidt and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-01 with Social Science categories.
The authors of this book approach the emergence and endurance of the populist nationalism in post-socialist Eastern Europe, with special emphasis on Hungary. They attempt to understand the reasons behind public discourses that increasingly reframe politics in terms of nationhood and nationalism. Overall, the volume attempts to explain how the new nationalism is rooted in recent political, economic and social processes. The contributors focus on two motifs in public discourse: shift and legacy. Some focus on shifts in public law and shifts in political ethno-nationalism through the lens of constitutional law, while others explain the social and political roots of these shifts. Others discuss the effects of legacy in memory and culture and suggest that both shift and legacy combine to produce the new era of identity politics. Legal experts emphasize that the new Fundamental Law of Hungary is radically different from all previous Hungarian constitutions, and clearly reflects a redefinition of the Hungarian state itself. The authors further examine the role of developments in the fields of sociology and political science that contribute to the kind of politics in which identity is at the fore.
The Us Constitution Of 1791 And The Fugitive Slave Clause
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Author : Norman Coles
language : en
Publisher: Liverpool University Press
Release Date : 2019-11-20
The Us Constitution Of 1791 And The Fugitive Slave Clause written by Norman Coles and has been published by Liverpool University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-20 with History categories.
The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.
The Broken Constitution
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Author : Noah Feldman
language : en
Publisher: Farrar, Straus and Giroux
Release Date : 2021-11-02
The Broken Constitution written by Noah Feldman and has been published by Farrar, Straus and Giroux this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-02 with History categories.
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Lincoln And The Triumph Of The Nation
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Author : Mark E. Neely Jr.
language : en
Publisher: Univ of North Carolina Press
Release Date : 2011-11-21
Lincoln And The Triumph Of The Nation written by Mark E. Neely Jr. and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-21 with History categories.
The Civil War placed the U.S. Constitution under unprecedented--and, to this day, still unmatched--strain. In Lincoln and the Triumph of the Nation, Pulitzer Prize-winning historian Mark Neely examines for the first time in one book the U.S. Constitution and its often overlooked cousin, the Confederate Constitution, and the ways the documents shaped the struggle for national survival. Previous scholars have examined wartime challenges to civil liberties and questions of presidential power, but Neely argues that the constitutional conflict extended to the largest questions of national existence. Drawing on judicial opinions, presidential state papers, and political pamphlets spiced with the everyday immediacy of the partisan press, Neely reveals how judges, lawyers, editors, politicians, and government officials, both North and South, used their constitutions to fight the war and save, or create, their nation. Lincoln and the Triumph of the Nation illuminates how the U.S. Constitution not only survived its greatest test but emerged stronger after the war. That this happened at a time when the nation's very existence was threatened, Neely argues, speaks ultimately to the wisdom of the Union leadership, notably President Lincoln and his vision of the American nation.
The Constitution
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Author : Michael Stokes Paulsen
language : en
Publisher: Hachette UK
Release Date : 2017-01-03
The Constitution written by Michael Stokes Paulsen and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-03 with Law categories.
From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history. The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation's most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution's history and meaning in clear, accessible terms. Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today's controversies, and offer powerful insights into the Constitution's true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues -- a skill that is ever more essential to the continued flourishing of American democracy.
Flag Desecration Amendment To The Constitution
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
language : en
Publisher:
Release Date : 1996
Flag Desecration Amendment To The Constitution written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with History categories.
The Federalist
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Author : George Wescott Carey
language : en
Publisher: University of Illinois Press
Release Date : 1994
The Federalist written by George Wescott Carey and has been published by University of Illinois Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with History categories.
""Throughout this scrupulously researched interpretation of The Federalist papers, Carey provides a glimpse of our Republic's original design. He shows us what kind of federal union The Federalist's authors had in mind, and indicates how we have strayed from their intent." Paul Gottfried, National Review." --Contratapa.
Proposing A Constitutional Amendment Authorizing The States And Congress To Prohibit The Physical Desecration Of The Flag
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
language : en
Publisher:
Release Date : 1997
Proposing A Constitutional Amendment Authorizing The States And Congress To Prohibit The Physical Desecration Of The Flag written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.
The Constitution
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Author : Michael Paulsen
language : en
Publisher: Basic Books
Release Date : 2017-01-03
The Constitution written by Michael Paulsen and has been published by Basic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-03 with Law categories.
From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history. The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation’s most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution’s history and meaning in clear, accessible terms. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today’s controversies, and offer powerful insights into the Constitution’s true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues—a skill that is ever more essential to the continued flourishing of American democracy.