The American Revolution State Sovereignty And The American Constitutional Settlement 1765 1800

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The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800

Aaron N. Coleman

Author : Aaron N. Coleman
Publisher : Lexington Books
Page : 273 pages
File Size : 47,6 Mb
Release : 2016-03-04
Category : History
ISBN : 9781498500630

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The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800 by Aaron N. Coleman Pdf

Tracing the political, ideological, and constitutional arguments from the imperial crisis with Britain and the drafting of the Articles of Confederation to the ratification of the Constitution and the political conflict between Federalists and Jeffersonians, The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800 reveals the largely forgotten importance of state sovereignty to American constitutionalism. Contrary to modern popular perceptions and works by other academics, the Founding Fathers did not establish a constitutional system based upon a national popular sovereignty nor a powerful national government designed to fulfill a grand philosophical purpose. Instead, most Americans throughout the period maintained that a constitutional order based upon the sovereignty of states best protected and preserved liberty. Enshrining their preference for state sovereignty in Article II of the Articles of Confederation and in the Tenth and Eleventh Amendments to the federal constitution, Americans also claimed that state interposition—the idea that the states should intervene against any perceived threats to liberty posed by centralization—was an established and accepted element of state sovereignty.

The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765-1800

Aaron N. Coleman

Author : Aaron N. Coleman
Publisher : Unknown
Page : 294 pages
File Size : 42,9 Mb
Release : 2017-07-15
Category : Constitutional history
ISBN : 1498500641

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The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765-1800 by Aaron N. Coleman Pdf

This book examines the ideological political contexts of the Founding era from the drafting of the Articles of Confederation to the ratification of the Constitution and the Federalist-Jeffersonian political conflict. The author highlights the constitutional and theoretical importance of state sovereignty during the Revolutionary period.

Prohibition, the Constitution, and States' Rights

Sean Beienburg

Author : Sean Beienburg
Publisher : University of Chicago Press
Page : 333 pages
File Size : 45,7 Mb
Release : 2019-06-27
Category : History
ISBN : 9780226632278

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Prohibition, the Constitution, and States' Rights by Sean Beienburg Pdf

Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

Thomas Jefferson, James Madison, and the British Challenge to Republican America, 1783–95

Michael Schwarz

Author : Michael Schwarz
Publisher : Lexington Books
Page : 145 pages
File Size : 49,9 Mb
Release : 2017-05-30
Category : History
ISBN : 9781498507417

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Thomas Jefferson, James Madison, and the British Challenge to Republican America, 1783–95 by Michael Schwarz Pdf

In the aftermath of the American Revolution, the friendship between Virginians Thomas Jefferson and James Madison became one of the most important political collaborations in American history. This study examines the origins and evolution of their partnership, placing it within the context of US–British relations following the Revolution and analyzing how their relationship affected early republican politics.

North Carolina's Revolutionary Founders

Jeff Broadwater,Troy L. Kickler

Author : Jeff Broadwater,Troy L. Kickler
Publisher : UNC Press Books
Page : 321 pages
File Size : 42,9 Mb
Release : 2019-03-27
Category : History
ISBN : 9781469651217

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North Carolina's Revolutionary Founders by Jeff Broadwater,Troy L. Kickler Pdf

This collection of essays profiles a diverse array of North Carolinians, all of whom had a hand in the founding of the state and the United States of America. It includes stories of how men who stood together to fight the British soon chose opposing sides in political debates over the ratification of the supreme law of the land, the Constitution. It also includes accounts of women, freedmen, and Native Americans, whose narratives shed light on the important roles of marginalized peoples in the Revolutionary South. Together, the essays reveal the philosophical views and ideology of North Carolina's revolutionaries. Contributors: Jeff Broadwater, Jennifer Davis-Doyle, Lloyd Johnson, Benjamin R. Justesen, Troy L. Kickler, Scott King-Owen, James MacDonald, Maggie Hartley Mitchell, Karl Rodabaugh, Kyle Scott, Jason Stroud, Michael Toomey, and Willis P. Whichard.

Creating a More Perfect Slaveholders' Union

Peter Radan

Author : Peter Radan
Publisher : University Press of Kansas
Page : 452 pages
File Size : 43,8 Mb
Release : 2023-10-27
Category : Law
ISBN : 9780700635801

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Creating a More Perfect Slaveholders' Union by Peter Radan Pdf

In Texas v. White (1869), the Supreme Court ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created “an indestructible Union, composed of indestructible States.” The Court ruled “there was no place for reconsideration, or revocation, except through revolution, or through consent of the States.” In his iconoclastic work, Peter Radan demonstrates why the Court’s ruling was wrong and why, on the basis of American constitutional law in 1860–1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a “slaveholders’ Union. Creating a More Perfect Slaveholders’ Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to—namely, a system of human enslavement—had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders’ Union. Creating a More Perfect Slaveholders’ Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860–1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.

The Consequences of Loyalism

Rebecca Brannon,Joseph S. Moore

Author : Rebecca Brannon,Joseph S. Moore
Publisher : Univ of South Carolina Press
Page : 358 pages
File Size : 40,9 Mb
Release : 2019-02-28
Category : History
ISBN : 9781611179514

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The Consequences of Loyalism by Rebecca Brannon,Joseph S. Moore Pdf

This anthology examines the role of Loyalism in the American Revolution, building on the pioneering work of historian Robert M. Calhoon. Calhoon’s work on American Loyalists redefined their role in the Revolution, showing them to be dynamic figures adapting to a society in upheaval. In The Consequences of Loyalism, editors Rebecca Brannon and Joseph S. Moore shed light on Calhoon’s foundational influence and explore the continuing scholarship in the wake of his prolific career. This volume unites sixteen previously unpublished essays that build on Calhoon’s work and consider Loyalism’s relationship to conflict resolution, imperial bureaucracy, and identity creation. In the first of two sections, scholars discuss the complexities of Loyalist identity, while considering Calhoon’s earlier work. In the second section, scholars work from Calhoon’s later publications to investigate the consequences of Loyalism both for the Loyalists, and for the legacy of the Revolutionary War. This book brings Loyalist dilemmas alive, digging into their personalities and postwar routes. Loyalists from all facets of society fought for what they considered their home country: women wrote letters, commanders took to the battlefield, and thinkers shaped the political conversation. This volume complements Calhoon’s influential work, expands the scope of Loyalist studies, and opens the field to a deeper, perhaps revolutionary understanding of the king’s men.

Tensions of American Federal Democracy

Jared Sonnicksen

Author : Jared Sonnicksen
Publisher : Routledge
Page : 331 pages
File Size : 50,8 Mb
Release : 2022-03-01
Category : Political Science
ISBN : 9781000533194

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Tensions of American Federal Democracy by Jared Sonnicksen Pdf

Tensions of American Federal Democracy uses an original analytical framework combined with comparative perspectives – including those of other modern federal democracies – to explore the jigsaw puzzle that is the state of American federal democracy. The USA has a complex political system prone to "divided government", which has become highly polarized in recent years. The reasons for this extend further and deeper than party diversification or rising populism. This book provides an original contribution encompassing the US polity and its overall development. The author explores how the US constitution has predisposed branches and levels of government to multiple forms of separation of power and constituency; and how developments in democratic and federal government over time have fostered more competition, diffusion, and decoupling, despite earlier trends to more cross-branch and cross-level cooperation. The book thus addresses a multifaceted inquiry, interrogating and conceptualizing the connections between institutions, ideas, and political development, while exploring the interlinkage between the institutional parameters of multidimensional division of powers, constitutional political ideas and their contestation, and the limitation of the state in the US federal democratic system. This book will appeal to students and scholars of political science, American government and constitutional politics, federalism, comparative politics, and political theory.

The Biblical Roots of American Constitutionalism

Joseph Livni

Author : Joseph Livni
Publisher : Rowman & Littlefield
Page : 171 pages
File Size : 53,6 Mb
Release : 2021-04-14
Category : Law
ISBN : 9781793637222

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The Biblical Roots of American Constitutionalism by Joseph Livni Pdf

According to the conventional wisdom American constitutional democracy stemmed from Athenian democracy, Roman Law, English legal practices, and the Magna Carta. This book agrees that democracy was born in Athens. However, as the title suggests, the thesis of this book claims that constitutionalism in the sense of an agreed text sanctioning procedures of legislation, government, and power flow germinated in pre-state Israel better known as Israel of the Judges. The thesis of the book consists of three concepts: (1) The roots of American constitutionalism are in biblical Israel; this concept has been debated by scholars of constitutional history. (2) Proto-Israel also known as Israel of the Judges had no king as the Book of Judges claims; however it had a covenant which it enforced. Naturally, this belief is as old as the Bible; however, its proof is new. (3) American constitutionalism did not stem from studying and applying biblical recipes. It rather evolved through a sequence of embodiments each passing on the torch of essential traditions to its heir. This concept is new. The book is not intended to shake your understanding of the constitution; however it will answer questions you might have asked or even questions you never asked.

Restoring the Global Judiciary

Martin S. Flaherty

Author : Martin S. Flaherty
Publisher : Princeton University Press
Page : 344 pages
File Size : 54,7 Mb
Release : 2022-05-17
Category : Political Science
ISBN : 9780691204789

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Restoring the Global Judiciary by Martin S. Flaherty Pdf

Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

The Lost Soul of the American Presidency

Stephen F. Knott

Author : Stephen F. Knott
Publisher : University Press of Kansas
Page : 310 pages
File Size : 41,9 Mb
Release : 2020-07-14
Category : Political Science
ISBN : 9780700630394

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The Lost Soul of the American Presidency by Stephen F. Knott Pdf

The American presidency is not what it once was. Nor, Stephen F. Knott contends, what it was meant to be. Taking on an issue as timely as Donald Trump’s latest tweet and old as the American republic, the distinguished presidential scholar documents the devolution of the American presidency from the neutral, unifying office envisioned by the framers of the Constitution into the demagogic, partisan entity of our day. The presidency of popular consent, or the majoritarian presidency that we have today, far predates its current incarnation. The executive office as James Madison, George Washington, and Alexander Hamilton conceived it would be a source of national pride and unity, a check on the tyranny of the majority, and a neutral guarantor of the nation’s laws. The Lost Soul of the American Presidency shows how Thomas Jefferson’s “Revolution of 1800” remade the presidency, paving the way for Andrew Jackson to elevate “majority rule” into an unofficial constitutional principle—and contributing to the disenfranchisement, and worse, of African Americans and Native Americans. In Woodrow Wilson, Knott finds a worthy successor to Jefferson and Jackson. More than any of his predecessors, Wilson altered the nation’s expectations of what a president could be expected to achieve, putting in place the political machinery to support a “presidential government.” As difficult as it might be to recover the lost soul of the American presidency, Knott reminds us of presidents who resisted pandering to public opinion and appealed to our better angels—George Washington, John Quincy Adams, Abraham Lincoln, and William Howard Taft, among others—whose presidencies suggest an alternative and offer hope for the future of the nation’s highest office.

For the People, For the Country

John A. Ragosta

Author : John A. Ragosta
Publisher : University of Virginia Press
Page : 414 pages
File Size : 45,9 Mb
Release : 2023-08-17
Category : History
ISBN : 9780813950235

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For the People, For the Country by John A. Ragosta Pdf

In 1799, at the behest of President George Washington, Patrick Henry came out of retirement to defend the Constitution that he had once opposed and to thwart Thomas Jefferson and James Madison, whom Washington accused of putting party over country and threatening the fragile union. For the People, For the Country tells the remarkable story of how the most eloquent public speaker of the American Revolutionary era and a leading antifederalist during debates over ratification of the Constitution reemerged on the side of the federalists and once again changed history. Much more than a fire-breathing demagogue, the Patrick Henry we encounter here comes to life as a principled leader of the young nation who believed above all in working with a government elected by the people, advocating for political change in "a constitutional way"—at the ballot box. A gripping narrative, this book will change long-held views of this great Founding Father.

Debating Federalism

Aaron N. Coleman,Christopher S. Leskiw

Author : Aaron N. Coleman,Christopher S. Leskiw
Publisher : Lexington Books
Page : 342 pages
File Size : 45,6 Mb
Release : 2018-11-21
Category : History
ISBN : 9781498542883

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Debating Federalism by Aaron N. Coleman,Christopher S. Leskiw Pdf

This reader includes documents selected to show the tension between federalism and concentrated sovereignty throughout American history. The book is accompanied by an introductory essay and additional annotations, and the editors argue that federalism was the Founding Fathers’ intended political system.

The Articles of Confederation

Merrill Jensen

Author : Merrill Jensen
Publisher : Univ of Wisconsin Press
Page : 318 pages
File Size : 48,9 Mb
Release : 1940
Category : History
ISBN : 0299002047

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The Articles of Confederation by Merrill Jensen Pdf

"Here is a book which deals with clashes between economic and political factors in the American Revolution as realistically as if its author were dealing with a presidential election."--Social Studies "An admirable analysis. It presents, in succinct form, the results of a generation of study of this chapter of our history and summarizes fairly the conclusions of that study."--Henry Steele Commager, New York Times Book Review

Jefferson, Madison, and the Making of the Constitution

Jeff Broadwater

Author : Jeff Broadwater
Publisher : UNC Press Books
Page : 293 pages
File Size : 41,9 Mb
Release : 2019-03-27
Category : History
ISBN : 9781469651026

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Jefferson, Madison, and the Making of the Constitution by Jeff Broadwater Pdf

Thomas Jefferson, author of the Declaration of Independence, and James Madison, "Father of the Constitution," were two of the most important Founders of the United States as well as the closest of political allies. Yet historians have often seen a tension between the idealistic rhetoric of the Declaration and the more pedestrian language of the Constitution. Moreover, to some, the adoption of the Constitution represented a repudiation of the democratic values of the Revolution. In this book, Jeff Broadwater explores the evolution of the constitutional thought of these two seminal American figures, from the beginning of the American Revolution through the adoption of the Bill of Rights. In explaining how the two political compatriots could have produced such seemingly dissimilar documents but then come to a common constitutional ground, Broadwater reveals how their collaboration--and their disagreements--influenced the full range of constitutional questions during this early period of the American republic.

The American Revolution State Sovereignty And The American Constitutional Settlement 1765 1800

The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800 by Aaron N. Coleman Pdf

The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765-1800 by Aaron N. Coleman Pdf

Prohibition, the Constitution, and States' Rights by Sean Beienburg Pdf

Thomas Jefferson, James Madison, and the British Challenge to Republican America, 1783–95 by Michael Schwarz Pdf

North Carolina's Revolutionary Founders by Jeff Broadwater,Troy L. Kickler Pdf

Creating a More Perfect Slaveholders' Union by Peter Radan Pdf

The Consequences of Loyalism by Rebecca Brannon,Joseph S. Moore Pdf

Tensions of American Federal Democracy by Jared Sonnicksen Pdf

The Biblical Roots of American Constitutionalism by Joseph Livni Pdf

Restoring the Global Judiciary by Martin S. Flaherty Pdf

The Lost Soul of the American Presidency by Stephen F. Knott Pdf

For the People, For the Country by John A. Ragosta Pdf

Debating Federalism by Aaron N. Coleman,Christopher S. Leskiw Pdf

The Articles of Confederation by Merrill Jensen Pdf

Jefferson, Madison, and the Making of the Constitution by Jeff Broadwater Pdf

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