Constitutionalism In The Approach And Aftermath Of The Civil War

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Constitutionalism in the Approach and Aftermath of the Civil War

Paul D. Moreno,Johnathan O'Neill
Constitutionalism in the Approach and Aftermath of the Civil War Book PDF

Author : Paul D. Moreno,Johnathan O'Neill
Publisher : Unknown
Page : 288 pages
File Size : 44,6 Mb
Release : 2022
Category : HISTORY
ISBN : 0823291251

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Constitutionalism in the Approach and Aftermath of the Civil War by Paul D. Moreno,Johnathan O'Neill Pdf

The irreducibly constitutional nature of the Civil War's prelude and legacy is the focus of this absorbing collection of nine essays by a diversity of political theorists and historians. The contributors examine key constitutional developments leading up to the war, the crucial role of Abraham Lincoln's statesmanship, and how the constitutional aspects of the war and Reconstruction endured in the late nineteenth and early twentieth centuries. This thoughtful, informative volume covers a wide range of topics: from George Washington's conception of the Union and his fears for its future to Martin Van Buren's state-centered, anti-secessionist federalism; from Lincoln's approach to citizenship for African Americans to Woodrow Wilson's attempt to appropriate Lincoln for the goals of Progressivism. Each essay zeroes in on the constitutional causes or consequences of the war and emphasizes how constitutional principles shape political activity. Accordingly, important figures, disputes, and judicial decisions are placed within the broader context of the constitutional system to explain how ideas and institutions, independently and in dialogue with the courts, have oriented political action and shaped events over time.

Constitutionalism in the Approach and Aftermath of the Civil War

Paul D. Moreno,Jonathan O'Neill
Constitutionalism in the Approach and Aftermath of the Civil War Book PDF

Author : Paul D. Moreno,Jonathan O'Neill
Publisher : Fordham Univ Press
Page : 289 pages
File Size : 40,5 Mb
Release : 2013-07
Category : History
ISBN : 9780823251940

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Constitutionalism in the Approach and Aftermath of the Civil War by Paul D. Moreno,Jonathan O'Neill Pdf

Nine essays which examine constitutional issues at different points in American political history to explain how the constitutional issues resulting in the Civil War were central to politics for a long time before and after the actual conflict. Treats the period from the 1780s through the 1920s.

Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era

Herman Belz
Abraham Lincoln Constitutionalism and Equal Rights in the Civil War Era Book PDF

Author : Herman Belz
Publisher : Fordham Univ Press
Page : 338 pages
File Size : 48,8 Mb
Release : 1998
Category : African Americans
ISBN : UOM:39015040042163

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Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era by Herman Belz Pdf

When the American people went to war in 1861, the task and the duty of maintaining the foundation principles of the republican experiment were in jeopardy. The question of if, and how, these principles should be preserved was of pressing importance. The outcome of the war could require the republican government to be transformed in order to strengthen the union or, conversely, if the war created the revolutionary situation that at times seemed pending, new principles for the resulting new nation would have to be formed as it emerged from the destruction and dislocation of the war. These were the issues to bear on the Constitution during the Civil War. These were the dilemas facing President Lincoln. This book, by one of the nation's leading constitutional historians, analyzes the nature and tendency of American Constitutionalism during the nation's greatest political crisis. In a series of related essays, Herman Belz combines detailed narrative with probing judicial analysis of the political thought of Abraham Lincoln, his exercise of executive power, and the application of the equality principle which would become a central issue during Reconstruction. Belz's essays are interdisciplinary in their approach, combining history, political science, and jurisprudence to study the political and constitutional climate and the changes which occurred under Lincoln during and after the war. Belz studies Lincoln as the focus of both contemporary political controversy and subsequent historical debate over the conservative or revolutionary character of Civil War Constitutionalism. He explores the politically controversial nature of the equality principle that lay at the heart of the slavery struggle and its resolution in wartime emancipation.

The Political Thought of the Civil War

Alan Levine,Thomas W. Merrill,James R. Stoner, Jr.
The Political Thought of the Civil War Book PDF

Author : Alan Levine,Thomas W. Merrill,James R. Stoner, Jr.
Publisher : University Press of Kansas
Page : 432 pages
File Size : 54,8 Mb
Release : 2019-08-08
Category : Political Science
ISBN : 9780700629114

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The Political Thought of the Civil War by Alan Levine,Thomas W. Merrill,James R. Stoner, Jr. Pdf

Why does the Civil War still speak to us so powerfully? If we listen to the most thoughtful, forceful, and passionate voices of that day we find that many of the questions at the heart of that conflict are also central to the very idea of America—and that many of them remain unresolved in our own time. The Political Thought of the Civil War offers us the opportunity to pursue these questions from a new, critical perspective as leading scholars of American political science, history, and literature engage in some of the crucial debates of the Civil War era—and in the process illuminate more clearly the foundation and fault lines of the American regime. The essays in this volume use practical dilemmas of the Civil War to reveal and probe fundamental questions about the status of slavery and race in the American founding, the tension between moralism and constitutionalism, and the problem of creating and sustaining a multiracial society on the basis of the original principles of the American regime. Adopting a deliberative approach, the authors revisit the words and deeds of the most important political actors of era, from William Lloyd Garrison, John C. Calhoun, and Abraham Lincoln to Alexander Stephens and Frederick Douglass, with reference to the American Founders and the architects of Reconstruction. The essays in this volume consider the difficult choices each of these figures made, the specific problems they were responding to, and the consequences of those choices. As this book exposes and explores the theoretical principles at play within their historical context, it also offers vivid reminders of how the great controversies surrounding the Civil War continue to shape American political life to this day.

The American State from the Civil War to the New Deal

Paul D. Moreno
The American State from the Civil War to the New Deal Book PDF

Author : Paul D. Moreno
Publisher : Cambridge University Press
Page : 367 pages
File Size : 49,9 Mb
Release : 2013-06-28
Category : History
ISBN : 9781107032958

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The American State from the Civil War to the New Deal by Paul D. Moreno Pdf

The story of the breakdown of limited government in America and the rise of the federal state.

Secession on Trial

Cynthia Nicoletti
Secession on Trial Book PDF

Author : Cynthia Nicoletti
Publisher : Cambridge University Press
Page : 359 pages
File Size : 55,5 Mb
Release : 2017-10-19
Category : History
ISBN : 9781108415521

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Secession on Trial by Cynthia Nicoletti Pdf

This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.

Peace or Democracy?

Izabela Pereira Watts
Peace or Democracy Book PDF

Author : Izabela Pereira Watts
Publisher : Taylor & Francis
Page : 340 pages
File Size : 54,9 Mb
Release : 2023-04-03
Category : Political Science
ISBN : 9781000861488

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Peace or Democracy? by Izabela Pereira Watts Pdf

Contrary to the common belief that peace and democracy go hand in hand after a civil war, Pereira Watts argues they are, in fact, at a crossroads. Offering an innovative framework based on Philosophical, Actors, and Tactical considerations, Pereira Watts identifies 14 dynamic dilemmas in democratic peacebuilding, with respective trade-offs. She focuses on explaining the contradictions in modern post-conflict recovery, the challenges facing interim governments, and the international community’s role. Based on an analysis of more than 40 countries between 1989 and 2022 and more than 60 UN peace operations, she presents critical issues that commonly need to be addressed in such scenarios: Elections and Political Parties; the Constitution; Checks, Balances and Power-sharing; Transitional Justice; Human Rights, Amnesty, Truth Commissions and War Crimes Tribunals; Disarmament, Demobilization, and Reintegration; and Media Reform and Civil Society. Solving any of these dilemmas leads to others that shape a complex apparatus for restoring peace and installing a new political regime. An essential resource for decision-takers, policymakers, international analysts and practitioners in the field of peacebuilding that will also be of great value to students of International Relations and Peace Studies as well as anyone interested in peacekeeping, democracy-building, and state-building.

The Contract Clause

James W. Ely, Jr.
The Contract Clause Book PDF

Author : James W. Ely, Jr.
Publisher : University Press of Kansas
Page : 384 pages
File Size : 48,8 Mb
Release : 2016-10-28
Category : Law
ISBN : 9780700623075

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The Contract Clause by James W. Ely, Jr. Pdf

Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.

Lincoln's Constitution

Daniel A. Farber
Lincoln s Constitution Book PDF

Author : Daniel A. Farber
Publisher : University of Chicago Press
Page : 256 pages
File Size : 46,7 Mb
Release : 2011-04-08
Category : Law
ISBN : 9780226237954

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Lincoln's Constitution by Daniel A. Farber Pdf

In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.

Southern Rights

Mark E. Neely
Southern Rights Book PDF

Author : Mark E. Neely
Publisher : University of Virginia Press
Page : 236 pages
File Size : 54,6 Mb
Release : 1999
Category : History
ISBN : 0813918944

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Southern Rights by Mark E. Neely Pdf

During the civil war that followed, not a day would pass when Confederate military prisons did not contain political prisoners."--BOOK JACKET.

Common Good Constitutionalism

Adrian Vermeule
Common Good Constitutionalism Book PDF

Author : Adrian Vermeule
Publisher : John Wiley & Sons
Page : 171 pages
File Size : 55,9 Mb
Release : 2022-02-08
Category : Political Science
ISBN : 9781509548880

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Common Good Constitutionalism by Adrian Vermeule Pdf

The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Liberty and Union

Timothy S. Huebner
Liberty and Union Book PDF

Author : Timothy S. Huebner
Publisher : University Press of Kansas
Page : 544 pages
File Size : 46,7 Mb
Release : 2017-04-05
Category : History
ISBN : 9780700624867

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Liberty and Union by Timothy S. Huebner Pdf

"This book is about the relationship between the Civil War generation and the founding generation," Timothy S. Huebner states at the outset of this ambitious and elegant overview of the Civil War era. The book integrates political, military, and social developments into an epic narrative interwoven with the thread of constitutionalism—to show how all Americans engaged the nation's heritage of liberty and constitutional government. Whether political leaders or plain folk, northerners or southerners, Republicans or Democrats, black or white, most free Americans in the mid-nineteenth century believed in the foundational values articulated in the Declaration of Independence of 1776 and the Constitution of 1787—and this belief consistently animated the nation's political debates. Liberty and Union shows, however, that different interpretations of these founding documents ultimately drove a deep wedge between North and South, leading to the conflict that tested all constitutional faiths. Huebner argues that the resolution of the Civil War was profoundly revolutionary and also inextricably tied to the issues of both slavery and sovereignty, the two great unanswered questions of the Founding era. Drawing on a vast body of scholarship as well as such sources as congressional statutes, political speeches, military records, state supreme court decisions, the proceedings of black conventions, and contemporary newspapers and pamphlets, Liberty and Union takes the long view of the Civil War era. It merges Civil War history, US constitutional history, and African American history and stretches from the antebellum era through the period of reconstruction, devoting equal attention to the Union and Confederate sides of the conflict. And its in-depth exploration of African American participation in a broader culture of constitutionalism redefines our understanding of black activism in the nineteenth century. Altogether, this is a masterly, far-reaching work that reveals as never before the importance and meaning of the Constitution, and the law, for nineteenth-century Americans.

Rehabilitating Lochner

David E. Bernstein
Rehabilitating Lochner Book PDF

Author : David E. Bernstein
Publisher : University of Chicago Press
Page : 204 pages
File Size : 50,7 Mb
Release : 2011-05-15
Category : History
ISBN : 9780226043531

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Rehabilitating Lochner by David E. Bernstein Pdf

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

Constitutionalism

Charles Howard McIlwain
Constitutionalism Book PDF

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
Page : 172 pages
File Size : 49,9 Mb
Release : 2005
Category : Constitutional history
ISBN : 9781584775508

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Constitutionalism by Charles Howard McIlwain Pdf

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Constitutionalism and the Separation of Powers

M. J. C. Vile
Constitutionalism and the Separation of Powers Book PDF

Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 1998
Category : History
ISBN : 0865971757

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Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.