The North American Review
The North American Review

Author: Jared Sparks

Publisher:

Published: 1826

Total Pages: 538

ISBN-13:

DOWNLOAD EBOOK

Vols. 277-230, no. 2 include Stuff and nonsense, v. 5-6, no. 8, Jan. 1929-Aug. 1930.

The Making of Tocqueville's America
The Making of Tocqueville's America

Author: Kevin Butterfield

Publisher: University of Chicago Press

Published: 2015-11-19

Total Pages: 320

ISBN-13: 022629708X

DOWNLOAD EBOOK

Alexis de Tocqueville famously said that Americans were "forever forming associations" and saw in this evidence of a new democratic sociability--though that seemed to be at odds with the distinctively American drive for individuality. Yet Kevin Butterfield sees these phenomena as tightly related: in joining groups, early Americans recognized not only the rights and responsibilities of citizenship but the efficacy of the law. A group, Butterfield says, isn't merely the people who join it; it's the mechanisms and conventions that allow it to function and, where necessary, to regulate itself and its members. Tocqueville, then, was wrong to see associations as the training grounds of democracy, where people learned to honor one another's voices and perspectives--rather, they were the training grounds for increasingly formal and legalistic relations among people. They were where Americans learned to treat one another impersonally.

Contending for American Nationhood
Contending for American Nationhood

Author: Benjamin Clark

Publisher: Rowman & Littlefield

Published: 2024-09-11

Total Pages: 253

ISBN-13: 1666965855

DOWNLOAD EBOOK

Contending for American Nationhood: Joseph Story and the Debate Over a Federal Common Law offers a study of one of the early republic’s fiercest legal debates, one of the Supreme Court’s most understudied jurists and constitutional theorists, and the enduring tension between two irreconcilable understandings of the American union. It explores the conflict between two competing theories of the American union in the early years of the republic: the Nationalist Theory, which posited that the union was the creation of the national American people, and the Compact Theory, which portrayed the union as a compact between the peoples of the several states who had each separately decided to join to form the union. Benjamin Clark employs this underlying debate as a framework for understanding the debate over federal common law in the late 18th and early 19th centuries. The book gives particular attention to the constitutional thought of Supreme Court Justice Joseph Story, examining how these two seemingly-separate issues—the federal common law question and the existence of American nationhood—came together in Story’s constitutional theory.