Sectional Crisis and Southern Constitutionalism

Sectional Crisis and Southern Constitutionalism PDF

Author: Don Edward Fehrenbacher

Publisher:

Published: 1995

Total Pages: 200

ISBN-13: 9780807120361

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Historian and scholar Lukacs addresses topics including the real role of the Hungarian emigration, its place in the history of Hungary, and the emigration's international political aims, successes, and failures. Distributed by ISBS. Annotation copyright by Book News, Inc., Portland, OR

Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers PDF

Author: M. J. C. Vile

Publisher:

Published: 1998

Total Pages: 0

ISBN-13: 9780865971752

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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.

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

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

Author: William M. Wiecek

Publisher: Cornell University Press

Published: 2018-03-15

Total Pages: 309

ISBN-13: 1501726455

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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 Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution

The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution PDF

Author: James Oakes

Publisher: W. W. Norton & Company

Published: 2021-01-12

Total Pages: 288

ISBN-13: 1324005866

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Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.

American Sovereigns

American Sovereigns PDF

Author: Christian G. Fritz

Publisher: Cambridge University Press

Published: 2007-10-29

Total Pages:

ISBN-13: 9781139467179

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American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.

Framing the Solid South

Framing the Solid South PDF

Author: Paul E. Herron

Publisher: University Press of Kansas

Published: 2017-06-02

Total Pages: 376

ISBN-13: 0700624376

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The South was not always the South. In the eighteenth and early nineteenth centuries, those below the Potomac River, for all their cultural and economic similarities, did not hold a separate political identity. How this changed, and how the South came to be a political entity that coheres to this day, emerges clearly in this book—the first comprehensive account of the Civil War Era and late nineteenth century state constitutional conventions that forever transformed southern politics. From 1860 to the turn of the twentieth century, southerners in eleven states gathered forty-four times to revise their constitutions. Framing the Solid South traces the consolidation of the southern states through these conventions in three waves of development: Secession, Reconstruction, and Redemption. Secession conventions, Paul Herron finds, did much more than dissolve the Union; they acted in concert to raise armies, write law, elect delegates to write a Confederate Constitution, ratify that constitution, and rewrite state constitutions. During Reconstruction, the national government forced the southern states to write and rewrite constitutions to permit re-entry into the Union—recognizing federal supremacy, granting voting rights to African Americans, enshrining a right to public education, and opening the political system to broader participation. Black southerners were essential participants in democratizing the region and reconsidering the nature of federalism in light of the devastation brought by proponents of states’ rights and sovereignty. Many of the changes by the postwar conventions, Herron shows, were undermined if not outright abolished in the following period, as “Redeemers” enshrined a system of weak states, the rule of a white elite, and the suppression of black rights. Southern constitution makers in all three waves were connected to each other and to previous conventions unlike any others in American history. These connections affected the content of the fundamental law and political development in the region. Southern politics, to an unusual degree, has been a product of the process Herron traces. What his book tells us about these constitutional conventions and the documents they produced is key to understanding southern history and the South today.

Disenfranchising Democracy

Disenfranchising Democracy PDF

Author: David A. Bateman

Publisher: Cambridge University Press

Published: 2018-10-25

Total Pages: 369

ISBN-13: 110847019X

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Disenfranchising Democracy examines the exclusions that accompany democratization and provides a theory of the expansion and restriction of voting rights.

Constitutions in Times of Financial Crisis

Constitutions in Times of Financial Crisis PDF

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2022-06-30

Total Pages: 342

ISBN-13: 9781108729208

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Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

The Cycles of Constitutional Time

The Cycles of Constitutional Time PDF

Author: Jack M. Balkin

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 257

ISBN-13: 0197530990

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"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--