The Limits of Sovereignty
The Limits of Sovereignty

Author: Daniel W. Hamilton

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 240

ISBN-13: 0226314863

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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

The Confederate and Neo-Confederate Reader
The Confederate and Neo-Confederate Reader

Author: James W. Loewen

Publisher: Univ. Press of Mississippi

Published: 2011-01-05

Total Pages: 439

ISBN-13: 1604737883

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Most Americans hold basic misconceptions about the Confederacy, the Civil War, and the actions of subsequent neo-Confederates. For example, two thirds of Americans—including most history teachers—think the Confederate States seceded for “states' rights.” This error persists because most have never read the key documents about the Confederacy. These documents have always been there. When South Carolina seceded, it published “Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union.” The document actually opposes states' rights. Its authors argue that Northern states were ignoring the rights of slave owners as identified by Congress and in the Constitution. Similarly, Mississippi's “Declaration of the Immediate Causes. . .” says, “Our position is thoroughly identified with the institution of slavery—the greatest material interest of the world.” Later documents in this collection show how neo-Confederates obfuscated this truth, starting around 1890. The evidence also points to the centrality of race in neo-Confederate thought even today and to the continuing importance of neo-Confederate ideas in American political life. The 150th anniversary of secession and civil war provides a moment for all Americans to read these documents, properly set in context by award-winning sociologist and historian James W. Loewen and coeditor, Edward H. Sebesta, to put in perspective the mythology of the Old South.