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Author : Pamela Brandwein
Publisher : Unknown
Page : 269 pages
File Size : 45,6 Mb
Release : 2011
Category : Blacks
ISBN : 0511860226
"Demolishing the conventional wisdom that the Supreme Court's doctrine of state action killed Reconstruction, Pamela Brandwein unveils a lost jurisprudence of rights and redefines the legal transition to Jim Crow"--
Author : Pamela Brandwein
Publisher : Cambridge University Press
Page : 283 pages
File Size : 42,5 Mb
Release : 2011-02-21
Category : Political Science
ISBN : 9781139496964
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Author : Pamela Brandwein
Publisher : Duke University Press
Page : 292 pages
File Size : 46,8 Mb
Release : 1999
Category : History
ISBN : 0822323168
Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in
Author : Michael A. Ross
Publisher : LSU Press
Page : 356 pages
File Size : 53,8 Mb
Release : 2003-09-01
Category : History
ISBN : 0807129240
Appointed by Abraham Lincoln to the U.S. Supreme Court during the Civil War, Samuel Freeman Miller (1816--1890) served on the nation's highest tribunal for twenty-eight tumultuous years and holds a place in legal history as one of the Court's most influential justices. Michael A. Ross creates a colorful portrait of a passionate man grappling with the difficult legal issues arising from a time of wrenching social and political change. He also explores the impact President Lincoln's Supreme Court appointments made on American constitutional history. Best known for his opinions in cases dealing with race and the Fourteenth Amendment, particularly the 1873 Slaughter-House Cases, Miller has often been considered a misguided opponent of Reconstruction and racial equality. In this major reinterpretation, Ross argues that historians have failed to study the evolution of Miller's views during the war and explains how Miller, a former slaveholder, became a champion of African Americans' economic and political rights. He was also the staunchest supporter of the Court of Lincoln's controversial war measures, including the decision to suspend such civil liberties as habeas corpus. Although commonly portrayed as an agrarian folk hero, Miller in fact initially foresaw and embraced a future in which frontier and rivertown settlements would bloom into thriving metropolises. The optimistic vision grew from the free-labor ideology Miller brought to the Iowa Republican Party he helped found, one that celebrated ordinatry citizens' right to rise in station an driches. Disillusioned by the eventual failure of the boomtowns and repelled by the swelling coffers of eastern financiers, corporations, and robber barons, Miller became an insistent judicial voice for western Republicans embittered and marginalized in the Gilded Age. The first biography of Miller since 1939, this welcome volume draws on Miller's previously unavailable papers to shed new light on a man who saw his dreams for America shattered but whose essential political and social values, as well as his personal integrity, remained intact.
Author : Daniel Kato
Publisher : Oxford University Press, USA
Page : 229 pages
File Size : 52,6 Mb
Release : 2016
Category : Law
ISBN : 9780190232573
Liberalizing lynching: building a new racialized state' seeks to explain the seemingly paradoxical relationship between the American liberal regime and the illiberal act of lynching. Drawing on legal cases, congressional documents, presidential correspondence, and newspaper reports, Daniel Kato explores the federal government's pattern of non-intervention regarding lynchings of African Americans from the late nineteenth century through the 1960s. Although popular belief holds that the federal government was unable to address racial violence in the South, this book argues that the actions and decisions of the federal government from the 1870s through the 1960s reveal that federal inaction was not primarily a consequence of institutional or legal incapacities, but rather a decision that was supported and maintained by all three branches of the federal government. To cement his argument, Kato develops the theory of constitutional anarchy, which crystallizes the ways in which federal government had the capacity to intervene, yet relinquished its responsibility while nonetheless maintaining authority.
Author : Chad E. Pearson
Publisher : UNC Press Books
Page : 325 pages
File Size : 54,8 Mb
Release : 2022-10-05
Category : Political Science
ISBN : 9781469671741
Through the late nineteenth and early twentieth centuries, employers and powerful individuals deployed a variety of tactics to control ordinary people as they sought to secure power in and out of workplaces. In the face of worker resistance, employers and their allies collaborated to use a variety of extralegal repressive techniques, including whippings, kidnappings, drive-out campaigns, incarcerations, arsons, hangings, and shootings, as well as less overtly illegal tactics such as shutting down meetings, barring speakers from lecturing through blacklists, and book burning. This book draws together the groups engaged in this kind of violence, reimagining the original Ku Klux Klan, various Law and Order Leagues, Stockgrowers' organizations, and Citizens' Alliances as employers' associations driven by unambiguous economic and managerial interests. Though usually discussed separately, all of these groups used similar language to tar their lower-class challengers—former slaves, rustlers, homesteaders of modest means, populists, political radicals, and striking workers—as menacing villains and deployed comparable tactics to suppress them. And perhaps most notably, spokespersons for these respective organizations justified their actions by insisting that they were committed to upholding "law and order." Ultimately, this book suggests that the birth of law and order politics as we know it can be found in nineteenth-century campaigns of organized terror against an assortment of ordinary people across racial lines conducted by Klansmen, lawmen, vigilantes, and union busters.
Author : G. Edward White
Publisher : Oxford University Press
Page : 496 pages
File Size : 48,5 Mb
Release : 2016-02-15
Category : Law
ISBN : 9780199930999
In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.
Author : Jeffrey S. Selinger
Publisher : University of Pennsylvania Press
Page : 264 pages
File Size : 47,5 Mb
Release : 2016-05-18
Category : History
ISBN : 9780812247978
How did party opposition become a regular and "normal" feature of the American political landscape? Jeffrey S. Selinger tells a story of political transformation in the United States and offers a much-needed historical perspective on the challenges of governance in a polarized nation.
Author : Lawrence Lessig
Publisher : Oxford University Press
Page : 448 pages
File Size : 50,8 Mb
Release : 2019-04-03
Category : Law
ISBN : 9780190932565
The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Author : G. Edward White
Publisher : Oxford University Press
Page : 681 pages
File Size : 48,9 Mb
Release : 2012
Category : History
ISBN : 9780199930982
Included in the coverage of this volume are the interactions between European and Amerindian legal systems in the years of colonial settlement; the crucial role of Anglo-American theories of sovereignty and imperial governance in facilitating the separation of the American colonies from the British Empire in the late eighteenth century; the American "experiment" with federated republican constitutionalism in the founding period; the major importance of agricultural householding, in the form of slave plantations as well as farms featuring wage labor, in helping to shape the development of American law in the eighteenth and nineteenth centuries; the emergence of the Supreme Court of the United States as an authoritative force in American law and politics in the early nineteenth century; the interactions between law, westward expansion,
Author : Richard White
Publisher : Oxford University Press
Page : 964 pages
File Size : 40,8 Mb
Release : 2017
Category : History
ISBN : 9780199735815
The newest volume in the Oxford History of the United States series, The Republic for Which It Stands argues that the Gilded Age, along with Reconstruction--its conflicts, rapid and disorienting change, hopes and fears--formed the template of American modernity.
Author : Sam Erman
Publisher : Cambridge University Press
Page : 293 pages
File Size : 47,7 Mb
Release : 2019
Category : History
ISBN : 9781108415491
Tells the tragic story of Puerto Ricans who sought the post-Civil War regime of citizenship, rights, and statehood but instead received racist imperial governance.
Author : Ely Aaronson
Publisher : Cambridge University Press
Page : 221 pages
File Size : 40,8 Mb
Release : 2014-10-06
Category : History
ISBN : 9781107026896
This book explores how political debates and legal reforms on criminalization of racial violence have shaped American racial history.
Author : Richard M. Valelly,Suzanne Mettler,Robert C. Lieberman
Publisher : Oxford University Press
Page : 800 pages
File Size : 53,9 Mb
Release : 2016-09-15
Category : Political Science
ISBN : 9780191086984
Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.
Author : Giuliana Perrone
Publisher : Cambridge University Press
Page : 333 pages
File Size : 42,6 Mb
Release : 2023-05-11
Category : History
ISBN : 9781009219204
Nothing More than Freedom explores the long and complex legal history of Black freedom in the United States. From the ratification of the Thirteenth Amendment in 1865 until the end of Reconstruction in 1877, supreme courts in former slave states decided approximately 700 lawsuits associated with the struggle for Black freedom and equal citizenship. This litigation – the majority through private law – triggered questions about American liberty and reassessed the nation's legal and political order following the Civil War. Judicial decisions set the terms of debates about racial identity, civil rights, and national belonging, and established that slavery, as a legal institution and social practice, remained actionable in American law well after its ostensible demise. The verdicts determined how unresolved facets of slavery would undercut ongoing efforts for abolition and the realization of equality. Insightful and compelling, this work makes an important intervention in the history of post-Civil War law.
