Commentaries On The Constitution 1790 1860

Commentaries On The Constitution 1790 1860 Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Commentaries On The Constitution 1790 1860 book. This book definitely worth reading, it is an incredibly well-written.

Commentaries on the Constitution, 1790-1860

Elizabeth Kelley Bauer
Commentaries on the Constitution 1790 1860 Book PDF

Author : Elizabeth Kelley Bauer
Publisher : The Lawbook Exchange, Ltd.
Page : 402 pages
File Size : 55,8 Mb
Release : 1999
Category : Constitutional history
ISBN : 9781886363663

Get Book

Commentaries on the Constitution, 1790-1860 by Elizabeth Kelley Bauer Pdf

Bauer, Elizabeth Kelley. Commentaries on the Constitution 1790-1860. New York: Columbia University Press, 1952. 400 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-45409. ISBN 1-886363-66-8. Cloth. $95. * A thorough survey and examination of the "formal commentaries" on the Constitution that were written as summaries of official pronouncements by proponents of the two major schools of constitutional interpretation before the Civil War--the nationalist Northern school as evidenced by the Marshall-Story decisions in the Supreme Court, and the Southern states rights advocates who lacked an equal spokesman. As this important study places the commentaries in a historical context by comparing their theories, examining their impact and their roots in the lives of the authors, it serves to illustrate "the early divergence between the North and South in theoretical discussions of the nature of the Union, and eventually lead to the constitutional justification of Southern secession." From the Preface.

The Transatlantic Gothic Novel and the Law, 1790–1860

Bridget M. Marshall
The Transatlantic Gothic Novel and the Law 1790 1860 Book PDF

Author : Bridget M. Marshall
Publisher : Routledge
Page : 199 pages
File Size : 42,5 Mb
Release : 2016-02-17
Category : Literary Criticism
ISBN : 9781317013723

Get Book

The Transatlantic Gothic Novel and the Law, 1790–1860 by Bridget M. Marshall Pdf

Tracing the use of legal themes in the gothic novel, Bridget M. Marshall shows these devices reflect an outpouring of anxiety about the nature of justice. On both sides of the Atlantic, novelists like William Godwin, Mary Shelley, Charles Brockden Brown, and Hannah Crafts question the foundations of the Anglo-American justice system through their portrayals of criminal and judicial procedures and their use of found documents and legal forms as key plot devices. As gothic villains, from Walpole's Manfred to Godwin's Tyrrell to Stoker's Dracula, manipulate the law and legal system to expand their power, readers are confronted with a legal system that is not merely ineffective at stopping villains but actually enables them to inflict ever greater harm on their victims. By invoking actual laws like the Black Act in England or the Fugitive Slave Act in America, gothic novels connect the fantastic horrors that constitute their primary appeal with much more shocking examples of terror and injustice. Finally, the gothic novel's preoccupation with injustice is just one element of many that connects the genre to slave narratives and to the horrors of American slavery.

The Transatlantic Gothic Novel and the Law, 1790–1860

Professor Bridget M Marshall
The Transatlantic Gothic Novel and the Law 1790 1860 Book PDF

Author : Professor Bridget M Marshall
Publisher : Ashgate Publishing, Ltd.
Page : 208 pages
File Size : 46,9 Mb
Release : 2013-04-28
Category : Literary Criticism
ISBN : 9781409476320

Get Book

The Transatlantic Gothic Novel and the Law, 1790–1860 by Professor Bridget M Marshall Pdf

Tracing the use of legal themes in the gothic novel, Bridget M. Marshall shows these devices reflect an outpouring of anxiety about the nature of justice. On both sides of the Atlantic, novelists like William Godwin, Mary Shelley, Charles Brockden Brown, and Hannah Crafts question the foundations of the Anglo-American justice system through their portrayals of criminal and judicial procedures and their use of found documents and legal forms as key plot devices. As gothic villains, from Walpole's Manfred to Godwin's Tyrrell to Stoker's Dracula, manipulate the law and legal system to expand their power, readers are confronted with a legal system that is not merely ineffective at stopping villains but actually enables them to inflict ever greater harm on their victims. By invoking actual laws like the Black Act in England or the Fugitive Slave Act in America, gothic novels connect the fantastic horrors that constitute their primary appeal with much more shocking examples of terror and injustice. Finally, the gothic novel's preoccupation with injustice is just one element of many that connects the genre to slave narratives and to the horrors of American slavery.

Justice Accused

Robert M. Cover
Justice Accused Book PDF

Author : Robert M. Cover
Publisher : Yale University Press
Page : 340 pages
File Size : 55,7 Mb
Release : 1975-01-01
Category : Law
ISBN : 0300032528

Get Book

Justice Accused by Robert M. Cover Pdf

What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak

The Language of Law and the Foundations of American Constitutionalism

Gary L. McDowell
The Language of Law and the Foundations of American Constitutionalism Book PDF

Author : Gary L. McDowell
Publisher : Cambridge University Press
Page : 128 pages
File Size : 48,5 Mb
Release : 2010-06-28
Category : Political Science
ISBN : 9781139488112

Get Book

The Language of Law and the Foundations of American Constitutionalism by Gary L. McDowell Pdf

For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.

Strangers to the Constitution

Gerald L. Neuman
Strangers to the Constitution Book PDF

Author : Gerald L. Neuman
Publisher : Princeton University Press
Page : 297 pages
File Size : 52,7 Mb
Release : 2010-07-01
Category : Law
ISBN : 9781400821952

Get Book

Strangers to the Constitution by Gerald L. Neuman Pdf

Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.

Re-Interpreting Blackstone's Commentaries

Wilfrid Prest
Re Interpreting Blackstone s Commentaries Book PDF

Author : Wilfrid Prest
Publisher : Bloomsbury Publishing
Page : 221 pages
File Size : 54,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254591

Get Book

Re-Interpreting Blackstone's Commentaries by Wilfrid Prest Pdf

This collection explores the remarkable impact and continuing influence of William Blackstone's Commentaries on the Laws of England, from the work's original publication in the 1760s down to the present. Contributions by cultural and literary scholars, and intellectual and legal historians trace the manner in which this truly seminal text has established its authority well beyond the author's native shores or his own limited lifespan. In the first section, 'Words and Visions', Kathryn Temple, Simon Stern, Cristina S Martinez and Michael Meehan discuss the Commentaries' aesthetic and literary qualities as factors contributing to the work's unique status in Anglo-American legal culture. The second group of essays traces the nature and dimensions of Blackstone's impact in various jurisdictions outside England, namely Quebec (Michel Morin), Louisiana and the United States more generally (John W Cairns and Stephen M Sheppard), North Carolina (John V Orth) and Australasia (Wilfrid Prest). Finally Horst Dippel, Paul Halliday and Ruth Paley examine aspects of Blackstone's influential constitutional and political ideas, while Jessie Allen concludes the volume with a personal account of 'Reading Blackstone in the Twenty-First Century and the Twenty-First Century through Blackstone'. This volume is a sequel to the well-received collection Blackstone and his Commentaries: Biography, Law, History (Hart Publishing, 2009).

Diminishing the Bill of Rights

William Davenport Mercer
Diminishing the Bill of Rights Book PDF

Author : William Davenport Mercer
Publisher : University of Oklahoma Press
Page : 297 pages
File Size : 43,7 Mb
Release : 2017-04-13
Category : History
ISBN : 9780806158662

Get Book

Diminishing the Bill of Rights by William Davenport Mercer Pdf

The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore’s rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig’s wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city’s actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court’s decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century. Diminishing the Bill of Rights examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron’s claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered. In explaining how the Court came to reject a multisourced view of human liberties—a position seemingly inconsistent with its previous decisions—William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall’s view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer’s work makes clear, is among the Jacksonian era’s significant democratic reforms and marks the emergence of a distinctly American constitutionalism.

The American Supreme Court

Robert G. McCloskey
The American Supreme Court Book PDF

Author : Robert G. McCloskey
Publisher : University of Chicago Press
Page : 418 pages
File Size : 40,5 Mb
Release : 2016-05-02
Category : History
ISBN : 9780226296920

Get Book

The American Supreme Court by Robert G. McCloskey Pdf

The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics. For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey’s wonderfully readable book is an essential guide to the past, present, and future prospects of this institution. Praise for The American Supreme Court “The classic account of the American Supreme Court by the mid-twentieth century’s most astute student of American constitutionalism updated by the early twenty-first century’s most astute student of American constitutionalism. This is the first work constitutional beginners should—and constitutional scholars do—turn to.” —Mark Graber, University of Maryland School of Law “Essential. . . . This fifth edition carries on the tradition of earlier iterations, keeping McCloskey’s keen insights, analytical framework, and normative instincts intact. . . . Levinson supplements the original argument with chapters . . . that draw on his remarkable intellectual range and invite readers to continue asking the still-salient questions McCloskey set forth a half-century earlier.” —Choice, on the fifth edition

Conscience and the Constitution

David A. J. Richards
Conscience and the Constitution Book PDF

Author : David A. J. Richards
Publisher : Princeton University Press
Page : 308 pages
File Size : 53,7 Mb
Release : 2014-07-14
Category : Law
ISBN : 9781400863563

Get Book

Conscience and the Constitution by David A. J. Richards Pdf

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Bibliotheca Hamiltoniana

Paul Leicester Ford
Bibliotheca Hamiltoniana Book PDF

Author : Paul Leicester Ford
Publisher : The Lawbook Exchange, Ltd.
Page : 112 pages
File Size : 48,5 Mb
Release : 2003
Category : Electronic
ISBN : 9781584772859

Get Book

Bibliotheca Hamiltoniana by Paul Leicester Ford Pdf

Ford, Paul Leicester [1865-1902]. Bibliotheca Hamiltoniana. A List of Books Written by, or Relating to Alexander Hamilton. New York: Printed for the Author The Knickerbocker Press, 1886. vi, [80] pp. (irregular pagination). Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-285-9. Cloth. $85. * Contains Alexander Hamilton's official and unofficial writings and those relating to him, arranged chronologically under the date of the first edition, with principal locations noted. With a useful chronological bibliography of all editions of The Federalist, with collation. Alexander Hamilton [1755-1804] was Secretary of the Treasury under George Washington, and author, along with John Jay and James Madison, of the influential collection of political essays, The Federalist. During his short lifetime Ford was a historian and historical novelist as well as a noted and prolific bibliographer of Americana and editor of Autobiography of Thomas Jefferson, 1743-1790. Dictionary of American Biography III: 518-520.

Originalism in American Law and Politics

Johnathan O'Neill
Originalism in American Law and Politics Book PDF

Author : Johnathan O'Neill
Publisher : JHU Press
Page : 308 pages
File Size : 46,8 Mb
Release : 2005-07-12
Category : History
ISBN : 0801881110

Get Book

Originalism in American Law and Politics by Johnathan O'Neill Pdf

This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

Religion and Politics in the Early Republic

Daniel Dreisbach
Religion and Politics in the Early Republic Book PDF

Author : Daniel Dreisbach
Publisher : University Press of Kentucky
Page : 341 pages
File Size : 52,7 Mb
Release : 2021-12-14
Category : History
ISBN : 9780813189963

Get Book

Religion and Politics in the Early Republic by Daniel Dreisbach Pdf

The church-state debate currently alive in our courts and legislatures is strikingly similar to that of the 1830s. A secular drift in American culture and the role of religion in a pluralistic society were concerns that dominated the controversy then, as now. In Religion and Politics in the Early Republic, Daniel L. Dreisbach compellingly argues that the issues in our current debate were framed in earlier centuries by documents crucial to an understanding of church-state relations, the First Amendment, and our present concern with the constitutional role of religion in American public life. Reflection on this national discussion of more than 150 years ago casts light on both past and future relations between church and state in America. In an 1833 sermon, "The Relation of Christianity to Civil Government in the United States," the Reverend Jasper Adams of Charleston, South Carolina, an eminent educator and moral philosopher, offered valuable insight into the social and political forces that shaped church-state relations in his time. Adams argued that the Christian religion is indis-pensable to social order and national prosperity. Although he opposed the establishment of a state church, he believed that a Christian ethic should inform all civil, legal, and political institutions. Adams's remarkably prescient discourse anticipated the emergence of a dominant secular culture and its inevitable conflict with the formerly ascendant religious establishment. His treatise was the first major work from the embattled religious traditionalists controverting Thomas Jefferson's vision of a secular polity and strict church-state separation. Eager to confirm his analysis, Adams sent copies of the sermon to scores of leading intellectuals and public figures of his day. In this volume, Dreisbach brings together for the first time Adams's sermon, a critical review of the treatise, and transcripts of previously unpublished letters written in response to it by James Madison, John Marshall, Joseph Story, and J.S. Richardson. These letters provide a rare glimpse into the minds of several influential statesmen and jurists who were central in shaping the republic and its institutions. The Story and Madison letters are among their authors1 final and most perceptive pronouncements on church-state relations. The documents that Dreisbach has assembled in this edition provide a vivid portrait of early nineteenth-century thought on the constitutional role of religion in public life. Our ongoing national discussion of this topic is illuminated by the debate encapsulated in these pages.

A Bibliography of the English Colonial Treaties with the American Indians, Including a Synopsis of Each Treaty

Henry Farr De Puy
A Bibliography of the English Colonial Treaties with the American Indians Including a Synopsis of Each Treaty Book PDF

Author : Henry Farr De Puy
Publisher : The Lawbook Exchange, Ltd.
Page : 146 pages
File Size : 42,6 Mb
Release : 2001
Category : Indians of North America
ISBN : 9781584771630

Get Book

A Bibliography of the English Colonial Treaties with the American Indians, Including a Synopsis of Each Treaty by Henry Farr De Puy Pdf

DePuy, Henry F. A Bibliography of the English Colonial Treaties with the American Indians. New York: The Lenox Club, 1917. [108] pp. Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-163-1. Cloth. $50. * Many of the records of the various treaties with the Indians exist only in manuscript. This bibliography locates and describes fifty treaties that were separately printed in small print quantities and thus are exceedingly rare. For each treaty De Puy provides full collation, a brief synopsis of the contents, an illustration, and the location of copies in principal libraries and private collections. See Besterman, A World Bibliography of Bibliographies 352.

Legal Canons

Jack M Balkin,Sanford V Levinson
Legal Canons Book PDF

Author : Jack M Balkin,Sanford V Levinson
Publisher : NYU Press
Page : 717 pages
File Size : 55,9 Mb
Release : 2000-08-01
Category : Law
ISBN : 9780814739464

Get Book

Legal Canons by Jack M Balkin,Sanford V Levinson Pdf

Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today. Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies. Table of Contents