The Origins Of American Constitutionalism

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The Origins of American Constitutionalism

Author : Donald S. Lutz
Publisher : Lsu Press
Page : 178 pages
File Size : 48,8 Mb
Release : 1988
Category : History
ISBN : 0807115061

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The Origins of American Constitutionalism by Donald S. Lutz Pdf

In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.

Colonial Origins of the American Constitution

Author : Donald S. Lutz
Publisher : Unknown
Page : 448 pages
File Size : 50,7 Mb
Release : 1998
Category : Constitutional history
ISBN : STANFORD:36105060994543

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Colonial Origins of the American Constitution by Donald S. Lutz Pdf

Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR

Common-law Liberty

Author : James Reist Stoner
Publisher : Unknown
Page : 230 pages
File Size : 54,8 Mb
Release : 2003
Category : Law
ISBN : UOM:39015057600242

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Common-law Liberty by James Reist Stoner Pdf

In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Private Property and the Limits of American Constitutionalism

Author : Jennifer Nedelsky
Publisher : University of Chicago Press
Page : 358 pages
File Size : 46,5 Mb
Release : 1994-06-15
Category : Law
ISBN : 9780226569710

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Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky Pdf

Federalists vision of the Constitution; an interdisciplinary investigation.

The Foundations of American Constitutionalism

Author : Andrew Cunningham McLaughlin
Publisher : The Lawbook Exchange, Ltd.
Page : 184 pages
File Size : 41,8 Mb
Release : 2002
Category : Constitutional history
ISBN : 9781584772279

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The Foundations of American Constitutionalism by Andrew Cunningham McLaughlin Pdf

This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.

The Biblical Roots of American Constitutionalism

Author : Joseph Livni
Publisher : Rowman & Littlefield
Page : 171 pages
File Size : 43,5 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.

The Imperial Republic

Author : James G. Wilson
Publisher : Routledge
Page : 256 pages
File Size : 42,7 Mb
Release : 2018-02-06
Category : Law
ISBN : 9781351748391

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The Imperial Republic by James G. Wilson Pdf

This title was first published in 2002. The Imperial Republic addresses the enduring relationship that the American constitution has with the concept of empire . Early activists frequently used the word to describe the nation they wished to create through revolution and later reform. The book examines what the Framers of the Constitution meant when they used the term empire and what such self-conscious empire building tells Americans about the underlying goals of their constitutional system. Utilizing the author’s extensive research from colonial times to the turn of the twentieth century, the book concludes that imperial ambition has profoundly influenced American constitutional law, theory and politics. It uses several analytical techniques to ascertain the multiple meanings of such fundamental words as empire and republic and demonstrates that such concepts have at least four levels of meaning. Relying on numerous examples, it further concludes that American leaders frequently (even proudly) used the word with some of its most domineering implications.

Common Law and Liberal Theory

Author : James Reist Stoner
Publisher : Unknown
Page : 304 pages
File Size : 51,6 Mb
Release : 1992
Category : Law
ISBN : UOM:39076001431787

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Common Law and Liberal Theory by James Reist Stoner Pdf

In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.

The Sources of Anti-Slavery Constitutionalism in America, 1760-1848

Author : William M. Wiecek
Publisher : Cornell University Press
Page : 309 pages
File Size : 41,9 Mb
Release : 2018-03-15
Category : History
ISBN : 9781501726453

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The Sources of Anti-Slavery Constitutionalism in America, 1760-1848 by William M. Wiecek Pdf

This ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought—political speeches and pamphlets, legislative debates and arguments.

The Complete American Constitutionalism

Author : Mark A. Graber,Howard Gillman
Publisher : Complete American Constitution
Page : 578 pages
File Size : 55,7 Mb
Release : 2015
Category : Law
ISBN : 9780190237622

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The Complete American Constitutionalism by Mark A. Graber,Howard Gillman Pdf

The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.

The Moral Tradition of American Constitutionalism

Author : Jefferson Powell
Publisher : Duke University Press
Page : 320 pages
File Size : 47,9 Mb
Release : 1993
Category : Law
ISBN : 0822313146

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The Moral Tradition of American Constitutionalism by Jefferson Powell Pdf

Locates the origins of constitutional law in the Enlightenment attempt to control the violence of the state by subjecting power to reason, then shows its evolution into a tradition of rational inquiry embodied in a community of lawyers and judges. Continues with discussion of how the tradition's 19th-century presuppositions about the autonomy and rationality of constitutional argument have been undermined in the 20th century. Annotation copyright by Book News, Inc., Portland, OR

The Constitutional Origins of the American Civil War

Author : Michael F. Conlin
Publisher : Cambridge University Press
Page : 351 pages
File Size : 43,9 Mb
Release : 2019-07-18
Category : History
ISBN : 9781108495271

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The Constitutional Origins of the American Civil War by Michael F. Conlin Pdf

Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

A Living Constitution Or Fundamental Law?

Author : Herman Belz
Publisher : Rowman & Littlefield Publishers
Page : 296 pages
File Size : 47,9 Mb
Release : 1998
Category : History
ISBN : UOM:39015046895028

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A Living Constitution Or Fundamental Law? by Herman Belz Pdf

In A Living Constitution or Fundamental Law?, distinguished scholar Herman Belz considers the concept of constitutionalism as the subject matter of constitutional history. Belz argues that the study of constitutionalism should be interdisciplinary, requiring the insights and methods of history, political science, and jurisprudence. Belz illuminates the evolution of American constitutionalism across the span of American history, from the Founding to Reconstruction to the Cold War and the rise of the bureaucratic state in the 1980s.

Constitutionalism and American Culture

Author : Sandra F. VanBurkleo,Kermit Hall,Kermit L. Hall,Robert J. Kaczorowski
Publisher : Unknown
Page : 472 pages
File Size : 47,6 Mb
Release : 2002
Category : History
ISBN : UOM:39015054242683

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Constitutionalism and American Culture by Sandra F. VanBurkleo,Kermit Hall,Kermit L. Hall,Robert J. Kaczorowski Pdf

Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors

Conservative Thought and American Constitutionalism since the New Deal

Author : Johnathan O'Neill
Publisher : JHU Press
Page : 398 pages
File Size : 52,6 Mb
Release : 2022-11-29
Category : Political Science
ISBN : 9781421444635

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Conservative Thought and American Constitutionalism since the New Deal by Johnathan O'Neill Pdf

An intellectual history of American conservativism since the New Deal. The New Deal fundamentally changed the institutions of American constitutional government and, in turn, the relationship of Americans to their government. Johnathan O'Neill's Conservative Thought and American Constitutionalism since the New Deal examines how various types of conservative thinkers responded to this significant turning point in the second half of the twentieth century. O'Neill identifies four fundamental transformations engendered by the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how various schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to these major changes in American politics and culture. Conservatives frequently argued among themselves, and their responses to the New Deal ranged from adaptation to condemnation to political mobilization. Ultimately, the New Deal pulled American governance and society permanently leftward. Although some of the New Deal's liberal gains have been eroded, a true conservative counterrevolution was never, O'Neill argues, a realistic possibility. He concludes with a plea for conservative thinkers to seriously reconsider the role of Congress—a body that is relatively ignored by conservative intellectuals in favor of the courts and the presidency—in America's constitutional order. Conservative Thought and American Constitutionalism since the New Deal explores the scope and significance of conservative constitutional analysis amid the broader field of American political thought.