Liberty and Union

Liberty and Union

Author: Timothy S. Huebner

Publisher: University Press of Kansas

Published: 2017-04-05

Total Pages: 544

ISBN-13: 0700624864

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"This book is about the relationship between the Civil War generation and the founding generation," Timothy S. Huebner states at the outset of this ambitious and elegant overview of the Civil War era. The book integrates political, military, and social developments into an epic narrative interwoven with the thread of constitutionalism—to show how all Americans engaged the nation's heritage of liberty and constitutional government. Whether political leaders or plain folk, northerners or southerners, Republicans or Democrats, black or white, most free Americans in the mid-nineteenth century believed in the foundational values articulated in the Declaration of Independence of 1776 and the Constitution of 1787—and this belief consistently animated the nation's political debates. Liberty and Union shows, however, that different interpretations of these founding documents ultimately drove a deep wedge between North and South, leading to the conflict that tested all constitutional faiths. Huebner argues that the resolution of the Civil War was profoundly revolutionary and also inextricably tied to the issues of both slavery and sovereignty, the two great unanswered questions of the Founding era. Drawing on a vast body of scholarship as well as such sources as congressional statutes, political speeches, military records, state supreme court decisions, the proceedings of black conventions, and contemporary newspapers and pamphlets, Liberty and Union takes the long view of the Civil War era. It merges Civil War history, US constitutional history, and African American history and stretches from the antebellum era through the period of reconstruction, devoting equal attention to the Union and Confederate sides of the conflict. And its in-depth exploration of African American participation in a broader culture of constitutionalism redefines our understanding of black activism in the nineteenth century. Altogether, this is a masterly, far-reaching work that reveals as never before the importance and meaning of the Constitution, and the law, for nineteenth-century Americans.


“A Great Power of Attorney”

“A Great Power of Attorney”

Author: Gary Lawson

Publisher: University Press of Kansas

Published: 2017-05-05

Total Pages: 228

ISBN-13: 0700624252

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What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.


Pen and Ink Witchcraft

Pen and Ink Witchcraft

Author: Colin G. Calloway

Publisher: OUP USA

Published: 2013-05-30

Total Pages: 392

ISBN-13: 0199917302

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Pen and Ink Witchcraft provides a comprehensive survey of Indian treaty relations in America and traces the stories and the individuals behind key treaties that represent distinct phases in the shifting history of treaty making and the transfer of Indian homelands into American real estate.


The Supreme Court on Trial

The Supreme Court on Trial

Author: Kent Roach

Publisher:

Published: 2001

Total Pages: 372

ISBN-13:

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This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?


Make No Law

Make No Law

Author: Anthony Lewis

Publisher: Vintage

Published: 2011-04-20

Total Pages: 369

ISBN-13: 0307787826

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A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.


We the Corporations: How American Businesses Won Their Civil Rights

We the Corporations: How American Businesses Won Their Civil Rights

Author: Adam Winkler

Publisher: Liveright Publishing

Published: 2018-02-27

Total Pages: 485

ISBN-13: 0871403846

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National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.


Solving the War Puzzle

Solving the War Puzzle

Author: John Norton Moore

Publisher:

Published: 2004

Total Pages: 220

ISBN-13:

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Mankind has been struggling since Thucydides to understand the origins of war. Within the last quarter-century, however, many of the pieces of the war puzzle have begun to fall into place. This book builds on the available evidence and offers an important original theory as to the cause of war and means for its control. In doing so, the book simultaneously offers a new theory of international relations, bridging the gap between classical realism and idealism in international relations. The author, a former United States Ambassador, directs the Center for National Security Law at the University of Virginia and was the founding Chairman of the United States Institute of Peace. "Solving the War Puzzle may be the most insightful and important examination of the causes of war since Clausewitz published On War in 1832. This slim volume, precisely written, superbly researched, and elegantly presented, carefully evaluates, integrates, and synthesizes the multiple elements the confluence of which results in armed conflict." -- James P. Terry, Col., U.S. Marine Corps, Ret. Deputy Assistant Secretary of State and former Legal Counsel to the Chairman of the Joint Chiefs of Staff "[Solving the War Puzzle] offers a useful framework for stimulating further reflection on the causes of war. This slim volume is supplemented with extensive notes and an ample biography." -- CHOICE Magazine


Grasping the Democratic Peace

Grasping the Democratic Peace

Author: Bruce Russet

Publisher: Princeton University Press

Published: 1994-11-29

Total Pages: 184

ISBN-13: 1400821029

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By illuminating the conflict-resolving mechanisms inherent in the relationships between democracies, Bruce Russett explains one of the most promising developments of the modern international system: the striking fact that the democracies that it comprises have almost never fought each other.