The Us Constitution Of 1791 And The Fugitive Slave Clause
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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 Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions.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 Constitution Of The United States
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Author : United States
language : en
Publisher:
Release Date : 1854
The Constitution Of The United States written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1854 with Slavery categories.
Slavery And The Founders
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Author : Paul Finkelman
language : en
Publisher: M.E. Sharpe
Release Date : 2014-04-08
Slavery And The Founders written by Paul Finkelman and has been published by M.E. Sharpe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-08 with History categories.
The new edition of this classic work addresses how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. This third edition incorporates a new chapter on the regulation of the African slave trade and the latest research on Thomas Jefferson.
The War Before The War
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Author : Andrew Delbanco
language : en
Publisher: Penguin
Release Date : 2018-11-06
The War Before The War written by Andrew Delbanco and has been published by Penguin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-06 with History categories.
"Excellent...stunning."—Ta-Nehisi Coates The devastating story of how fugitive slaves drove the nation to Civil War A New York Times Notable Book Selection * Winner of the Mark Lynton History Prize* Winner of the Anisfield-Wolf Book Award * A New York Times Critics' Best Book For decades after its founding, America was really two nations--one slave, one free. There were many reasons why this composite nation ultimately broke apart, but the fact that enslaved black people repeatedly risked their lives to flee their masters in the South in search of freedom in the North proved that the "united" states was actually a lie. Fugitive slaves exposed the contradiction between the myth that slavery was a benign institution and the reality that a nation based on the principle of human equality was in fact a prison-house in which millions of Americans had no rights at all. By awakening northerners to the true nature of slavery, and by enraging southerners who demanded the return of their human "property," fugitive slaves forced the nation to confront the truth about itself. By 1850, with America on the verge of collapse, Congress reached what it hoped was a solution-- the notorious Compromise of 1850, which required that fugitive slaves be returned to their masters. Like so many political compromises before and since, it was a deal by which white Americans tried to advance their interests at the expense of black Americans. Yet the Fugitive Slave Act, intended to preserve the Union, in fact set the nation on the path to civil war. It divided not only the American nation, but also the hearts and minds of Americans who struggled with the timeless problem of when to submit to an unjust law and when to resist. The fugitive slave story illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.
Slavery In The American Republic
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Author : David F. Ericson
language : en
Publisher: University Press of Kansas
Release Date : 2011-10-27
Slavery In The American Republic written by David F. Ericson 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 2011-10-27 with Political Science categories.
Many scholars believe that the existence of slavery stymied the development of the American state because slaveholding Southern politicians were so at odds with a federal government they feared would abolish their peculiar institution. David Ericson argues to the contrary, showing that over a seventy-year period slavery actually contributed significantly to the development of the American state, even as a "house divided." Drawing on deep archival research that tracks federal expenditures on slavery-related items, Ericson reveals how the policies, practices, and institutions of the early national government functioned to protect slavery and thereby contributed to its own development. Here are surprising descriptions of how the federal government increased its state capacities as it implemented slavery-friendly policies, such as creating more stable slave markets by removing Native Americans, deterring slave revolts, recovering fugitive slaves, enacting a ban on slave imports, and not enacting a ban on the interstate slave trade. It also bolstered its own law-enforcement power by reinforcing navy squadrons to interdict illegal slave trading, hiring deputy marshals to capture fugitive slaves and slave rescuers, and deploying soldiers to remove Native Americans and deter slave rescues and revolts. Going beyond Don Fehrenbacher's The Slaveholding Republic, Ericson shows how the presence of slavery indirectly influenced the development of the American state in highly significant ways. Enforcement of the 1808 slave-import ban involved the federal government in border control for the first time, and participation in founding a colony in Liberia established an early model of public-private partnerships. The presence of slavery also spurred the development of the U.S. Army through its many slavery-related deployments, particularly during the Second Seminole War, and the federal government's own slave rentals influenced its labor-management practices. Ericson's study unearths a long-neglected history, connecting slavery-influenced policy areas more explicitly to early American state development and more fully accounting for the money and manpower the federal government devoted to those areas. Rich in historical detail, it marks a significant contribution to our understanding of state development and the impact of slavery on early American politics.
The Hidden History Of The Supreme Court And The Betrayal Of America
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Author : Thom Hartmann
language : en
Publisher: Berrett-Koehler Publishers
Release Date : 2019-10-01
The Hidden History Of The Supreme Court And The Betrayal Of America written by Thom Hartmann and has been published by Berrett-Koehler Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-01 with Law categories.
“Hartmann delivers a full-throated indictment of the U.S. Supreme Court in this punchy polemic." —Publishers Weekly Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, explains how the Supreme Court has spilled beyond its Constitutional powers and how we the people should take that power back. Taking his typically in-depth, historically informed view, Thom Hartmann asks, What if the Supreme Court didn't have the power to strike down laws? According to the Constitution, it doesn't. From the founding of the republic until 1803, the Supreme Court was the final court of appeals, as it was always meant to be. So where did the concept of judicial review start? As so much of modern American history, it began with the battle between the Federalists and Anti-Federalists, and with Marbury v. Madison. Hartmann argues it is not the role of the Supreme Court to decide what the law is but rather the duty of the people themselves. He lays out the history of the Supreme Court of the United States, since Alexander Hamilton's defense to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers. The ultimate remedy to the Supreme Court's abuse of power is with the people--the ultimate arbiter of the law--using the ballot box. America does not belong to the kings and queens; it belongs to the people.
Citizenship Reimagined
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Author : Allan Colbern
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-22
Citizenship Reimagined written by Allan Colbern 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 2020-10-22 with Law categories.
States have historically led in rights expansion for marginalized populations and remain leaders today on the rights of undocumented immigrants.
The Revolutionary Constitution
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Author : David J. Bodenhamer
language : en
Publisher: Oxford University Press
Release Date : 2012-02-01
The Revolutionary Constitution written by David J. Bodenhamer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with History categories.
The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
A State By State History Of Race And Racism In The United States 2 Volumes
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Author : Patricia Reid-Merritt
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2018-12-07
A State By State History Of Race And Racism In The United States 2 Volumes written by Patricia Reid-Merritt and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Social Science categories.
Providing chronologies of important events, historical narratives from the first settlement to the present, and biographies of major figures, this work offers readers an unseen look at the history of racism from the perspective of individual states. From the initial impact of European settlement on indigenous populations to the racial divides caused by immigration and police shootings in the 21st century, each American state has imposed some form of racial restriction on its residents. The United States proclaims a belief in freedom and justice for all, but members of various minority racial groups have often faced a different reality, as seen in such examples as the forcible dispossession of indigenous peoples during the Trail of Tears, Jim Crow laws' crushing discrimination of blacks, and the manifest unfairness of the Chinese Exclusion Act. Including the District of Columbia, the 51 entries in these two volumes cover the state-specific histories of all of the major minority and immigrant groups in the United States, including African Americans, Hispanics, Asian Americans, and Native Americans. Every state has had a unique experience in attempting to build a community comprising multiple racial groups, and the chronologies, narratives, and biographies that compose the entries in this collection explore the consequences of racism from states' perspectives, revealing distinct new insights into their respective racial histories.
Confronting Black Jacobins
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Author : Gerald Horne
language : en
Publisher: NYU Press
Release Date : 2015-10-22
Confronting Black Jacobins written by Gerald Horne and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-22 with Political Science categories.
The Haitian Revolution, the product of the first successful slave revolt, was truly world-historic in its impact. When Haiti declared independence in 1804, the leading powers—France, Great Britain, and Spain—suffered an ignominious defeat and the New World was remade. The island revolution also had a profound impact on Haiti’s mainland neighbor, the United States. Inspiring the enslaved and partisans of emancipation while striking terror throughout the Southern slaveocracy, it propelled the fledgling nation one step closer to civil war. Gerald Horne’s path breaking new work explores the complex and often fraught relationship between the United States and the island of Hispaniola. Giving particular attention to the responses of African Americans, Horne surveys the reaction in the United States to the revolutionary process in the nation that became Haiti, the splitting of the island in 1844, which led to the formation of the Dominican Republic, and the failed attempt by the United States to annex both in the 1870s. Drawing upon a rich collection of archival and other primary source materials, Horne deftly weaves together a disparate array of voices—world leaders and diplomats, slaveholders, white abolitionists, and the freedom fighters he terms Black Jacobins. Horne at once illuminates the tangled conflicts of the colonial powers, the commercial interests and imperial ambitions of U.S. elites, and the brutality and tenacity of the American slaveholding class, while never losing sight of the freedom struggles of Africans both on the island and on the mainland, which sought the fulfillment of the emancipatory promise of 18th century republicanism.