Constitutional History Of The American Revolution V 4 Authority Of Law

Author : John Phillip Reid
Publisher : Univ of Wisconsin Press
Page : 292 pages
File Size : 44,7 Mb
Release : 2003-03
Category : Law
ISBN : 0299139840

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Constitutional History of the American Revolution V. 4; Authority of Law by John Phillip Reid Pdf

This work addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, and the foundation of constitutional government in custom and contractarian theory.

Author : John Phillip Reid
Publisher : Unknown
Page : 279 pages
File Size : 40,9 Mb
Release : 1986
Category : Constitutional history
ISBN : 0299139832

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Constitutional History of the American Revolution by John Phillip Reid Pdf

Author : John Phillip Reid
Publisher : Univ of Wisconsin Press
Page : 398 pages
File Size : 49,6 Mb
Release : 2003-03
Category : History
ISBN : 0299108740

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Constitutional History of the American Revolution by John Phillip Reid Pdf

John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.

Author : John Phillip Reid
Publisher : Univ of Wisconsin Press
Page : 180 pages
File Size : 48,9 Mb
Release : 1995
Category : Foreign Language Study
ISBN : 0299146642

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Constitutional History of the American Revolution by John Phillip Reid Pdf

Designed for use in courses, this abridged edition of the four-volume Constitutional History of the American Revolution demonstrates how significant constitutional disputes were in instigating the American Revolution. John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement. Reid's distinctive analysis discusses the irreconcilable nature of this conflict--irreconcilable not because leaders in politics on both sides did not desire a solution, but because the dynamics of constitutional law impeded a solution that permitted the colonies to remain part of the dominions of George III.

Author : John Phillip Reid
Publisher : Univ of Wisconsin Press
Page : 524 pages
File Size : 54,9 Mb
Release : 1986
Category : History
ISBN : 0299130703

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Constitutional History of the American Revolution by John Phillip Reid Pdf

Brilliantly executed....Reid's central argument is reserved for his contentions about how the American Revolution occurred within the British constitutional framework. Crucial is his assertion that the eighteenth-century British constitution itself was a vital crossroad between the old constitution of 'customary powers, with rights secured as property' and the newer constitution 'of sovereign command and of arbitrary parliamentary supremacy.' The conflict between the two was profound and ultimately irreconcilable as the Americans, with occasional misgivings and uncertainties, sustained the old and Parliament lurched toward the new...This book (has) a compelling intellectual force that deserves the closest scrutiny.' -George M. Curtis III, American Historical Review

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
Page : 214 pages
File Size : 49,8 Mb
Release : 2005
Category : Constitutional history
ISBN : 9781584775683

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The American Revolution by Charles Howard McIlwain Pdf

In this work, which won the 1924 Pulitzer Prize in history, McIlwain argues that the central problem in the genesis of the American Revolution was the determination of the exact nature of the British Empire's constitution. "After a searching examination of a wealth of judicial precedents drawn largely from Ireland's relations with the English king and parliament, the author reaches the conclusion that 'there was a bona fide constitutional issue which preceded the American Revolution, and from which it in part resulted.' He contends that, strictly from the legal standpoint, the colonists had a number of good constitutional precedents to support their position.": Allison, Fay, [et. al.] A Guide to Historical Literature cited in Marke, A Catalogue of the Law Collection at New York University (1953) 377.

Author : Charles Howard McIlwain
Publisher : Good Press
Page : 95 pages
File Size : 44,9 Mb
Release : 2023-12-16
Category : History
ISBN : EAN:8596547780045

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American Revolution: A Constitutional Interpretation by Charles Howard McIlwain Pdf

The American Revolution: A Constitutional Interpretation is a Pulitzer Prize awarded history which deals with legal and political aspects of the American Revolution. The American Revolution began and ended with the political act or acts by which British sovereignty over the thirteen English colonies in North America was definitely repudiated. All else was nothing but cause or effect of this act. Of the causes, some were economic, some social, others constitutional. But the Revolution itself was none of these; not social, nor economic, nor even constitutional; it was a political act, and such an act cannot be both constitutional and revolutionary; the terms are mutually exclusive. So long as American opposition to alleged grievances was constitutional it was in no sense revolutionary. The moment it became revolutionary it ceased to be constitutional. When was that moment reached? The Problem The Precedents The Realm and the Dominions The Precedents Natural and Fundamental Law Taxation and Virtual Representation The Charters

Author : Charles H. Mcllwain
Publisher : Da Capo Press
Page : 216 pages
File Size : 49,9 Mb
Release : 1973-05-21
Category : History
ISBN : UCSC:32106017813988

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The American Revolution by Charles H. Mcllwain Pdf

Author : Andrew Cunningham McLaughlin
Publisher : Unknown
Page : 128 pages
File Size : 45,8 Mb
Release : 2004
Category : Constitutional history
ISBN : LCCN:2005273218

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A Constitutional History of the United States by Andrew Cunningham McLaughlin Pdf

Author : Jack P. Greene
Publisher : Cambridge University Press
Page : 223 pages
File Size : 47,9 Mb
Release : 2010-10-25
Category : History
ISBN : 9781139492935

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The Constitutional Origins of the American Revolution by Jack P. Greene Pdf

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.

Author : William M. Wiecek
Publisher : Oxford University Press, USA
Page : 300 pages
File Size : 49,8 Mb
Release : 2001
Category : History
ISBN : 0195147138

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The Lost World of Classical Legal Thought by William M. Wiecek Pdf

This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

Author : John Phillip Reid
Publisher : Univ of Wisconsin Press
Page : 438 pages
File Size : 54,7 Mb
Release : 2003-03
Category : History
ISBN : 0299112942

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Constitutional History of the American Revolution, Volume II by John Phillip Reid Pdf

John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.

Author : William E. Nelson
Publisher : Oxford University Press
Page : 240 pages
File Size : 47,5 Mb
Release : 2016-04-20
Category : Law
ISBN : 9780190465063

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The Common Law in Colonial America by William E. Nelson Pdf

In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model. The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia.

Author : Darren Patrick Guerra
Publisher : Lexington Books
Page : 253 pages
File Size : 48,5 Mb
Release : 2013-06-10
Category : Law
ISBN : 9780739183861

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Perfecting the Constitution by Darren Patrick Guerra Pdf

He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

Author : Jack P. Greene
Publisher : Cambridge University Press
Page : 224 pages
File Size : 47,6 Mb
Release : 2010-10-25
Category : History
ISBN : 0521132304

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The Constitutional Origins of the American Revolution by Jack P. Greene Pdf

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 that created deep and persistent tensions within the empire during the colonial era and that the failure to resolve it was the principal element in the decision of thirteen continental colonies to secede 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 and the empire as whole having an uncodified working customary constitution that determined the way authority was distributed within the empire. 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.