Two Revolutions And The Constitution
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Two Revolutions And The Constitution
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Author : James D. R. Philips
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-04-13
Two Revolutions And The Constitution written by James D. R. Philips and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-13 with History categories.
With our nation divided and our Constitution and rights under daily siege, now is the time to understand the ‘why’ and the ‘how’ of the system of rights and government established by the Constitution. Preventing tyranny was key in creating the new system. No tyrants, no despots: instead, a system of rights, separate powers, checks and balances.Why and how did Americans conceive a republic built on individual liberty, in an era of oppressive monarchies? The book is concise and to the point. The author tells the story of how the founding charters of the American colonies contained the seeds of American rebellion in the 1760s and 1770s; and of how partial independence as British colonies, the innovations in the first American constitutions (the State constitutions), and the failure of the States’ first attempt to federate, all influenced the Framers in drafting the final Constitution.The book also describes how the American Revolution was shaped by the English revolutions of the 1600s, which led to a new English constitution, under which Parliament and the English people had many powers and rights which superseded the King’s.
The Revolution The Constitution And America S Third Century Vols 1 2
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Author : American Academy of Political and Social Science
language : en
Publisher: University of Pennsylvania Press
Release Date : 2015-09-30
The Revolution The Constitution And America S Third Century Vols 1 2 written by American Academy of Political and Social Science and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-30 with Political Science categories.
A distinguished group of judges, scholars, political leaders, lawyers, and representatives of groups in the private sector who convened in Philadelphia in 1976 reexamine the Constitution and our system of government, exploring its implications for the present and future.
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.
The Glorious Revolution And The Continuity Of Law
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Author : Richard S. Kay
language : en
Publisher: CUA Press
Release Date : 2014-11-10
The Glorious Revolution And The Continuity Of Law written by Richard S. Kay and has been published by CUA Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-10 with History categories.
The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
The Constitutional Origins Of The American Revolution
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Author : Jack P. Greene
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-25
The Constitutional Origins Of The American Revolution written by Jack P. Greene 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 2010-10-25 with History categories.
Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.
Three Beginnings
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Author : Stephen F. Englehart
language : en
Publisher: Peter Lang Incorporated, International Academic Publishers
Release Date : 1994
Three Beginnings written by Stephen F. Englehart and has been published by Peter Lang Incorporated, International Academic Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with History categories.
This collection of essays offers a comparative examination of the complex issues of sovereignty, legitimacy, and rights in the English, American, and French revolutions. A symposium of historians, political philosophers, legal, and literary scholars discuss the construction of what we now identify as the liberal, democratic, and constitutional state and debate the meaning and merits of liberalism for our own time.
Sister Revolutions
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Author : Susan Dunn
language : en
Publisher: Macmillan + ORM
Release Date : 2000-09-04
Sister Revolutions written by Susan Dunn and has been published by Macmillan + ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-04 with History categories.
What the two great modern revolutions can teach us about democracy today. In 1790, the American diplomat and politician Gouverneur Morris compared the French and American Revolutions, saying that the French "have taken Genius instead of Reason for their guide, adopted Experiment instead of Experience, and wander in the Dark because they prefer Lightning to Light." Although both revolutions professed similar Enlightenment ideals of freedom, equality, and justice, there were dramatic differences. The Americans were content to preserve many aspects of their English heritage; the French sought a complete break with a thousand years of history. The Americans accepted nonviolent political conflict; the French valued unity above all. The Americans emphasized individual rights, while the French stressed public order and cohesion. Why did the two revolutions follow such different trajectories? What influence have the two different visions of democracy had on modern history? And what lessons do they offer us about democracy today? In a lucid narrative style, with particular emphasis on lively portraits of the major actors, Susan Dunn traces the legacies of the two great revolutions through modern history and up to the revolutionary movements of our own time. Her combination of history and political analysis will appeal to all who take an interest in the way democratic nations are governed.
Revolution And Constitutionalism In The Ottoman Empire And Iran
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Author : Nader Sohrabi
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-31
Revolution And Constitutionalism In The Ottoman Empire And Iran written by Nader Sohrabi 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 2011-10-31 with Political Science categories.
In his book on constitutional revolutions in the Ottoman Empire and Iran in the early twentieth century, Nader Sohrabi considers the global diffusion of institutions and ideas, their regional and local reworking and the long-term consequences of adaptations. He delves into historic reasons for greater resilience of democratic institutions in Turkey as compared to Iran. Arguing that revolutions are time-bound phenomena whose forms follow global models in vogue at particular historical junctures, he challenges the ahistoric and purely local understanding of them. Furthermore, he argues that macro-structural preconditions alone cannot explain the occurrence of revolutions, but global waves, contingent events and the intervention of agency work together to bring them about in competition with other possible outcomes. To establish these points, the book draws on a wide array of archival and primary sources that afford a minute look at revolutions' unfolding.
The U S Constitution
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Author : David J. Bodenhamer
language : en
Publisher: Oxford University Press
Release Date : 2018
The U S 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 2018 with LAW categories.
The U.S. Constitution: A Very Short Introduction explores the major themes of American constitutional history-federalism, the balance of powers, property, representation, equality, rights, and security. Informed by the latest scholarship, each theme illustrates how the Constitution has served as a dynamic framework for legitimating power and advancing liberty.
Constitution Making Under Occupation
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Author : Andrew Arato
language : en
Publisher: Columbia University Press
Release Date : 2009
Constitution Making Under Occupation written by Andrew Arato and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Constitutional history categories.
The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.