A Treatise On The Unconstitutionality Of American Slavery

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The Unconstitutionality of Slavery

Author : Lysander Spooner
Publisher : ReadHowYouWant.com
Page : 168 pages
File Size : 49,5 Mb
Release : 1845
Category : Slavery
ISBN : HARVARD:32044020403317

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The Unconstitutionality of Slavery by Lysander Spooner Pdf

The Sources of Anti-Slavery Constitutionalism in America, 1760-1848

Author : William M. Wiecek
Publisher : Cornell University Press
Page : 309 pages
File Size : 44,6 Mb
Release : 2018-03-15
Category : History
ISBN : 9781501726453

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The Sources of Anti-Slavery Constitutionalism in America, 1760-1848 by William M. Wiecek Pdf

This ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought—political speeches and pamphlets, legislative debates and arguments.

Prudence

Author : Robert Hariman
Publisher : Penn State Press
Page : 354 pages
File Size : 52,6 Mb
Release : 2010-11-01
Category : Philosophy
ISBN : 027104666X

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Prudence by Robert Hariman Pdf

This volume brings together scholars in classics, political philosophy, and rhetoric to analyze prudence as a distinctive and vital form of political intelligence. Through case studies from each of the major periods in the history of prudence, the authors identify neglected resources for political judgement in today's conditions of pluralism and interdependency. Three assumptions inform these essays: the many dimensions of prudence cannot be adequately represented in the lexicon of any single discipline; the Aristotelian focus on prudence as rational calculation needs to be balanced by the Ciceronian emphasis on prudence as discursive performance embedded in familiar social practices; and understanding prudence requires attention to how it operates thorough the communicative media and public discourses that constitute the political community.

Italian American

Author : David A.J. Richards
Publisher : NYU Press
Page : 288 pages
File Size : 42,5 Mb
Release : 1999-07-01
Category : Social Science
ISBN : 9780814775202

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Italian American by David A.J. Richards Pdf

When southern Italians began emigrating to the U.S. in large numbers in the 1870s-part of the "new immigration" from southern and eastern rather than northern Europe-they were seen as racially inferior, what David A. J. Richards terms "nonvisibly" black. The first study of its kind, Italian American explores the acculturation process of Italian immigrants in terms of then-current patterns of European and American racism. Delving into the political and legal context of flawed liberal nationalism both in Italy (the Risorgimento) and the United States (Reconstruction Amendments), Richards examines why Italian Americans were so reluctant to influence depictions of themselves and their own collective identity. He argues that American racism could not have had the durability or political power it has had either in the popular understanding or in the corruption of constitutional ideals unless many new immigrants, themselves often regarded as racially inferior, had been drawn into accepting and supporting many of the terms of American racism. With its unprecedented focus on Italian American identity and an interdisciplinary approach to comparative culture and law, this timely study sheds important light on the history and contemporary importance of identity and multicultural politics in American political and constitutional debate.

Slavery and Its Consequences

Author : Robert A. Goldwin,Art Kaufman
Publisher : American Enterprise Institute
Page : 204 pages
File Size : 52,5 Mb
Release : 1988
Category : History
ISBN : 0844736503

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Slavery and Its Consequences by Robert A. Goldwin,Art Kaufman Pdf

This book discusses the institution of slavery and how it relates to the Constitution.

The Promises of Liberty

Author : Alexander Tsesis
Publisher : Columbia University Press
Page : 363 pages
File Size : 44,6 Mb
Release : 2010-09-30
Category : History
ISBN : 9780231520133

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The Promises of Liberty by Alexander Tsesis Pdf

In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.

A Bibliography of the Negro in Africa and America

Author : Monroe Nathan Work
Publisher : Unknown
Page : 724 pages
File Size : 44,9 Mb
Release : 1928
Category : African Americans
ISBN : 1578980798

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A Bibliography of the Negro in Africa and America by Monroe Nathan Work Pdf

"Limited edition facsimile reprint"--T.p. verso.

Free Speech, The People's Darling Privilege

Author : Michael Kent Curtis
Publisher : Duke University Press
Page : 534 pages
File Size : 52,8 Mb
Release : 2000-11-17
Category : History
ISBN : 9780822381068

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Free Speech, The People's Darling Privilege by Michael Kent Curtis Pdf

Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, “The People’s Darling Privilege” refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791—when the Bill of Rights and its First Amendment bound only the federal government to protect free expression—to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date. Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena—in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens—and later the courts—have had on the American understanding of free speech. Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech.

The Original Meaning of the Fourteenth Amendment

Author : Randy E. Barnett,Evan D. Bernick
Publisher : Harvard University Press
Page : 489 pages
File Size : 53,9 Mb
Release : 2021-11-02
Category : Law
ISBN : 9780674270138

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The Original Meaning of the Fourteenth Amendment by Randy E. Barnett,Evan D. Bernick Pdf

A Federalist Notable Book “An important contribution to our understanding of the 14th Amendment.” —Wall Street Journal “By any standard an important contribution...A must-read.” —National Review “The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since...The corpus of legal scholarship is richer for it.” —Washington Examiner Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses. Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism. The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.

Processes of Constitutional Decisionmaking

Author : Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel,Cristina M. Rodriguez
Publisher : Aspen Publishing
Page : 2338 pages
File Size : 53,9 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781543838565

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Processes of Constitutional Decisionmaking by Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel,Cristina M. Rodriguez Pdf

Processes of Constitutional Decisionmaking: Cases and Materials, Eighth Edition

Processes of Constitutional Decisionmaking

Author : Paul Brest,Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel
Publisher : Aspen Publishing
Page : 2117 pages
File Size : 54,9 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781454897613

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Processes of Constitutional Decisionmaking by Paul Brest,Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality