A Comparative Study of the State Constitution of the American Revolution
Author: William Clarence Webster
Publisher:
Published: 1897
Total Pages: 56
ISBN-13:
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The Revolutionary Constitution
Author: David J. Bodenhamer
Publisher: Oxford University Press
Published: 2012-02-01
Total Pages: 292
ISBN-13: 019991303X
DOWNLOAD EBOOKThe framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
The U.S. Constitution
Author: David J. Bodenhamer
Publisher: Oxford University Press
Published: 2018
Total Pages: 168
ISBN-13: 0195378326
DOWNLOAD EBOOKThe U.S. Constitution: A Very Short Introduction explores the major themes of American constitutional history --federalism, the balance of powers, property, representation, equality, and security -- and illustrates how the Constitution has served as a dynamic framework for legitimating power and advancing liberty.
American States of Nature
Author: Mark Somos
Publisher: Oxford University Press
Published: 2019-04-01
Total Pages: 509
ISBN-13: 0190909560
DOWNLOAD EBOOKAmerican States of Nature transforms our understanding of the American Revolution and the early makings of the Constitution. The journey to an independent United States generated important arguments about the existing condition of Americans, in which rival interpretations of the term "state of nature" played a crucial role. "State of nature" typically implied a pre-political condition and was often invoked in support of individual rights to property and self-defense and the right to exit or to form a political state. It could connote either a paradise, a baseline condition of virtue and health, or a hell on earth. This mutable phrase was well-known in Europe and its empires. In the British colonies, "state of nature" appeared thousands of times in juridical, theological, medical, political, economic, and other texts from 1630 to 1810. But by the 1760s, a distinctively American state-of-nature discourse started to emerge. It combined existing meanings and sidelined others in moments of intense contestation, such as the Stamp Act crisis of 1765-66 and the First Continental Congress of 1774. In laws, resolutions, petitions, sermons, broadsides, pamphlets, letters, and diaries, the American states of nature came to justify independence at least as much as colonial formulations of liberty, property, and individual rights did. In this groundbreaking book, Mark Somos focuses on the formative decade and a half just before the American Revolution. Somos' investigation begins with a 1761 speech by James Otis that John Adams described as "a dissertation on the state of nature," and celebrated as the real start of the Revolution. Drawing on an enormous range of both public and personal writings, many rarely or never before discussed, the book follows the development of America's state-of-nature discourse to 1775. The founding generation transformed this flexible concept into a powerful theme that shapes their legacy to this day. No constitutional history of the Revolution can be written without it.
The American State Constitutional Tradition
Author: John J. Dinan
Publisher:
Published: 2006
Total Pages: 448
ISBN-13:
DOWNLOAD EBOOKThe first comprehensive study of all 114 state constitutional conventions for which there are records--from Connecticut's in 1818 to New Hampshire's in 1984. By integrating state constitution-makers with the federal constitutional tradition, this path-breaking work yields a superior understanding of how American citizens have chosen to govern themselves.
Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2012-02-27
Total Pages: 407
ISBN-13: 1107020565
DOWNLOAD EBOOKAssesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
In a Defiant Stance
Author: John P. Reid
Publisher: Penn State Press
Published: 2010-11-01
Total Pages: 237
ISBN-13: 027103825X
DOWNLOAD EBOOKThe minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland's struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost nonexistent as an influence on the daily lives of individuals. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed.
The American Revolution
Author: Colin Bonwick
Publisher: Bloomsbury Publishing
Published: 2005-09-08
Total Pages: 400
ISBN-13: 1137052503
DOWNLOAD EBOOKColin Bonwick expands and updates the well-received first edition, and incorporates fresh material drawn from recent scholarship. The structure and argument of the book remain as before, but in particular Bonwick pays greater attention to Native Americans, African Americans, and white women. Though the book traces the attainment of independence, it focuses especially on the internal revolution that created republican governments, and considers the extent of social change. It concludes by examining the development of the American union.
The Unknown American Revolution
Author: Gary B. Nash
Publisher: Penguin
Published: 2006-05-30
Total Pages: 545
ISBN-13: 1440627053
DOWNLOAD EBOOKIn this audacious recasting of the American Revolution, distinguished historian Gary Nash offers a profound new way of thinking about the struggle to create this country, introducing readers to a coalition of patriots from all classes and races of American society. From millennialist preachers to enslaved Africans, disgruntled women to aggrieved Indians, the people so vividly portrayed in this book did not all agree or succeed, but during the exhilarating and messy years of this country's birth, they laid down ideas that have become part of our inheritance and ideals toward which we still strive today.
State Constitutional Law
Author:
Publisher:
Published: 1990
Total Pages: 530
ISBN-13:
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