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

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

Author: William M. Wiecek

Publisher: Cornell University Press

Published: 2018-03-15

Total Pages: 398

ISBN-13: 1501726463

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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.


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

Download or read book The Sources of Anti-Slavery Constitutionalism in America, 1760-1848 written by William M. Wiecek and published by Cornell University Press. This book was released on 2018-03-15 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Sources of Anti-Slavery Constitutionalism in America, 1760-1848

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

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.


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

Download or read book The Sources of Anti-Slavery Constitutionalism in America, 1760-1848 written by William M. Wiecek and published by Cornell University Press. This book was released on 2018-03-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Antebellum Origins of the Modern Constitution

The Antebellum Origins of the Modern Constitution

Author: Simon J. Gilhooley

Publisher: Cambridge University Press

Published: 2020-10-29

Total Pages: 285

ISBN-13: 1108853412

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This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.


Book Synopsis The Antebellum Origins of the Modern Constitution by : Simon J. Gilhooley

Download or read book The Antebellum Origins of the Modern Constitution written by Simon J. Gilhooley and published by Cambridge University Press. This book was released on 2020-10-29 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.

Constitutional Rights and Powers of the People

Constitutional Rights and Powers of the People

Author: Wayne D. Moore

Publisher: Princeton University Press

Published: 1998

Total Pages: 312

ISBN-13: 9780691002446

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American constitutionalism rests on premises of popular sovereignty, but questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution, political scientist Wayne Moore offers new insights into central problems of constitutional history, theory, and law.


Book Synopsis Constitutional Rights and Powers of the People by : Wayne D. Moore

Download or read book Constitutional Rights and Powers of the People written by Wayne D. Moore and published by Princeton University Press. This book was released on 1998 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutionalism rests on premises of popular sovereignty, but questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution, political scientist Wayne Moore offers new insights into central problems of constitutional history, theory, and law.

Congress

Congress

Author: Louis Fisher

Publisher: University Press of Kansas

Published: 2016-02-19

Total Pages: 208

ISBN-13: 070062211X

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When asked which branch of government protects citizens’ rights, we tend to think of the Supreme Court—stepping in to defend gay rights, for example, in the recent same-sex marriage case. But as constitutional scholar Louis Fisher reveals in his new book, this would be a mistake—and not just because a decision like the gay marriage ruling can be decided by the opinion of a single justice. Rather, we tend to judge the executive and judicial branches idealistically, while taking a more realistic view of the legislative, with its necessarily messier and more transparent workings. In Congress, Fisher highlights these biases as he measures the record of the three branches in protecting individual rights—and finds that Congress, far more than the president or the Supreme Court, has defended the rights of blacks, women, children, Native Americans, and religious liberty. After reviewing the constitutional principles that apply to all three branches of government, Fisher conducts us through a history of struggles over individual rights, showing how the court has frequently failed at many critical junctures where Congress has acted to protect rights. He identifies changes in the balance of power over time—a post–World War II transformation that has undermined the system of checks and balances the Framers designed to protect individuals in their aspiration for self-government. Without a strong, independent Congress, this book reminds us, our system would operate with two elected officers in the executive branch and none in the judiciary, a form of government best described as elitist—and one no one would deem democratic. In light of the history that unfolds here—and in view of a Congress widely decried as dysfunctional—Fisher proposes reforms that would strengthen not only the legislative branch’s role in protecting individual rights under the Constitution, but also its standing in the democracy it serves.


Book Synopsis Congress by : Louis Fisher

Download or read book Congress written by Louis Fisher and published by University Press of Kansas. This book was released on 2016-02-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked which branch of government protects citizens’ rights, we tend to think of the Supreme Court—stepping in to defend gay rights, for example, in the recent same-sex marriage case. But as constitutional scholar Louis Fisher reveals in his new book, this would be a mistake—and not just because a decision like the gay marriage ruling can be decided by the opinion of a single justice. Rather, we tend to judge the executive and judicial branches idealistically, while taking a more realistic view of the legislative, with its necessarily messier and more transparent workings. In Congress, Fisher highlights these biases as he measures the record of the three branches in protecting individual rights—and finds that Congress, far more than the president or the Supreme Court, has defended the rights of blacks, women, children, Native Americans, and religious liberty. After reviewing the constitutional principles that apply to all three branches of government, Fisher conducts us through a history of struggles over individual rights, showing how the court has frequently failed at many critical junctures where Congress has acted to protect rights. He identifies changes in the balance of power over time—a post–World War II transformation that has undermined the system of checks and balances the Framers designed to protect individuals in their aspiration for self-government. Without a strong, independent Congress, this book reminds us, our system would operate with two elected officers in the executive branch and none in the judiciary, a form of government best described as elitist—and one no one would deem democratic. In light of the history that unfolds here—and in view of a Congress widely decried as dysfunctional—Fisher proposes reforms that would strengthen not only the legislative branch’s role in protecting individual rights under the Constitution, but also its standing in the democracy it serves.

The War against Proslavery Religion

The War against Proslavery Religion

Author: John R. McKivigan

Publisher: Cornell University Press

Published: 2018-07-05

Total Pages: 330

ISBN-13: 1501728741

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Reflecting a prodigious amount of research in primary and secondary sources, this book examines the efforts of American abolitionists to bring northern religious institutions to the forefront of the antislavery movement. John R. McKivigan employs both conventional and quantitative historical techniques to assess the positions adopted by various churches in the North during the growing conflict over slavery, and to analyze the stratagems adopted by American abolitionists during the 1840s and 1850s to persuade northern churches to condemn slavery and to endorse emancipation. Working for three decades to gain church support for their crusade, the abolitionists were the first to use many of the tactics of later generations of radicals and reformers who were also attempting to enlist conservative institutions in the struggle for social change. To correct what he regards to be significant misperceptions concerning church-oriented abolitionism, McKivigan concentrates on the effects of the abolitionists' frequent failures, the division of their movement, and the changes in their attitudes and tactics in dealing with the churches. By examining the pre-Civil War schisms in the Presbyterian, Baptist, and Methodist denominations, he shows why northern religious bodies refused to embrace abolitionism even after the defection of most southern members. He concludes that despite significant antislavery action by a few small denominations, most American churches resisted committing themselves to abolitionist principles and programs before the Civil War. In a period when attention is again being focused on the role of religious bodies in influencing efforts to solve America's social problems, this book is especially timely.


Book Synopsis The War against Proslavery Religion by : John R. McKivigan

Download or read book The War against Proslavery Religion written by John R. McKivigan and published by Cornell University Press. This book was released on 2018-07-05 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a prodigious amount of research in primary and secondary sources, this book examines the efforts of American abolitionists to bring northern religious institutions to the forefront of the antislavery movement. John R. McKivigan employs both conventional and quantitative historical techniques to assess the positions adopted by various churches in the North during the growing conflict over slavery, and to analyze the stratagems adopted by American abolitionists during the 1840s and 1850s to persuade northern churches to condemn slavery and to endorse emancipation. Working for three decades to gain church support for their crusade, the abolitionists were the first to use many of the tactics of later generations of radicals and reformers who were also attempting to enlist conservative institutions in the struggle for social change. To correct what he regards to be significant misperceptions concerning church-oriented abolitionism, McKivigan concentrates on the effects of the abolitionists' frequent failures, the division of their movement, and the changes in their attitudes and tactics in dealing with the churches. By examining the pre-Civil War schisms in the Presbyterian, Baptist, and Methodist denominations, he shows why northern religious bodies refused to embrace abolitionism even after the defection of most southern members. He concludes that despite significant antislavery action by a few small denominations, most American churches resisted committing themselves to abolitionist principles and programs before the Civil War. In a period when attention is again being focused on the role of religious bodies in influencing efforts to solve America's social problems, this book is especially timely.

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes]

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes]

Author: John R. Vile

Publisher: Bloomsbury Publishing USA

Published: 2015-07-20

Total Pages: 706

ISBN-13: 1610699327

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Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. Although only 27 amendments have ever been added to the U.S. Constitution, the last one having been ratified in 1992, throughout American history, members of Congress have introduced more than 11,000 amendments, and countless individuals outside of Congress have advanced their own proposals to revise the Constitution—the wellspring of America's legal, political, and cultural foundations. At a time when calls for a new constitutional convention are on the rise, it is essential for students of political science and history as well as American citizens to understand proposed alternatives. This updated edition of the established standard for high school and college libraries as well as public and law libraries serves as the go-to reference for learning about existing constitutional amendments, proposed amendments, and the issues related to them. An alphabetically arranged two-volume set, it contains more than 500 entries that discuss amendments that have been proposed in Congress from 1789 to the present. It also discusses prominent proposals for extensive constitutional changes introduced outside Congress as well as discussions of major amending issues.


Book Synopsis Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes] by : John R. Vile

Download or read book Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes] written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2015-07-20 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. Although only 27 amendments have ever been added to the U.S. Constitution, the last one having been ratified in 1992, throughout American history, members of Congress have introduced more than 11,000 amendments, and countless individuals outside of Congress have advanced their own proposals to revise the Constitution—the wellspring of America's legal, political, and cultural foundations. At a time when calls for a new constitutional convention are on the rise, it is essential for students of political science and history as well as American citizens to understand proposed alternatives. This updated edition of the established standard for high school and college libraries as well as public and law libraries serves as the go-to reference for learning about existing constitutional amendments, proposed amendments, and the issues related to them. An alphabetically arranged two-volume set, it contains more than 500 entries that discuss amendments that have been proposed in Congress from 1789 to the present. It also discusses prominent proposals for extensive constitutional changes introduced outside Congress as well as discussions of major amending issues.

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes]

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes]

Author: John R. Vile

Publisher: Bloomsbury Publishing USA

Published: 2023-10-19

Total Pages: 767

ISBN-13: 1440879532

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Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.


Book Synopsis Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes] by : John R. Vile

Download or read book Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes] written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2023-10-19 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.

The Constitutional Origins of the American Civil War

The Constitutional Origins of the American Civil War

Author: Michael F. Conlin

Publisher: Cambridge University Press

Published: 2019-07-18

Total Pages: 351

ISBN-13: 1108495273

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


Book Synopsis The Constitutional Origins of the American Civil War by : Michael F. Conlin

Download or read book The Constitutional Origins of the American Civil War written by Michael F. Conlin and published by Cambridge University Press. This book was released on 2019-07-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

The Constitution and American Racism

The Constitution and American Racism

Author: David P. Madden

Publisher: McFarland

Published: 2020-11-24

Total Pages: 214

ISBN-13: 1476641757

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Racism has permeated the workings of the U.S. Constitution since ratification. At the 1787 Constitutional Convention, supporters of slavery ensured it was protected by rule of law. The federal government upheld slavery until it was abolished by the Civil War; then supported the South's Jim Crow power structure. From Reconstruction through the Civil Rights Era until today, veneration of the Constitution has not prevented lynching, segregation, voter intimidation or police brutality against people of color. The Electoral College--a Constitutional accommodation for slaveholding aristocrats who feared popular government--has twice in 20 years given the presidency to the candidate who lost the popular vote. This book describes how pernicious flaws in the Constitution, included to legalize profiting from human bondage, perpetuate systemic racism, economic inequality and the subversion of democracy.


Book Synopsis The Constitution and American Racism by : David P. Madden

Download or read book The Constitution and American Racism written by David P. Madden and published by McFarland. This book was released on 2020-11-24 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Racism has permeated the workings of the U.S. Constitution since ratification. At the 1787 Constitutional Convention, supporters of slavery ensured it was protected by rule of law. The federal government upheld slavery until it was abolished by the Civil War; then supported the South's Jim Crow power structure. From Reconstruction through the Civil Rights Era until today, veneration of the Constitution has not prevented lynching, segregation, voter intimidation or police brutality against people of color. The Electoral College--a Constitutional accommodation for slaveholding aristocrats who feared popular government--has twice in 20 years given the presidency to the candidate who lost the popular vote. This book describes how pernicious flaws in the Constitution, included to legalize profiting from human bondage, perpetuate systemic racism, economic inequality and the subversion of democracy.