The Origin and Growth of the American Constitution (Classic Reprint)

The Origin and Growth of the American Constitution (Classic Reprint)

Author: Hannis Taylor

Publisher: Forgotten Books

Published: 2017-09-17

Total Pages: 732

ISBN-13: 9781528379434

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Excerpt from The Origin and Growth of the American Constitution A long time has elapsed since the author undertook to draw out The Origin and Growth of the English Constitution, within the limits of two octavo volumes, the first of which is in the eighth edition, the second in the fourth. The very cordial reception given to that work throughout the Eng lish-speaking world and beyond it naturally suggested a sequel to be entitled The Origin and Growth of the American Constitution, which has been completed on the same plan. After thirty years of ehort to unfold the histories of the two closely related constitutions as one progressive development, the author was blessed with a piece of good fortune which has more than requited all the labor bestowed. That good fortune consisted of the unearthing of a priceless document, very near the surface, which has cast a bright light into what was heretofore a very dark place. It explains for the first time the real history of the invention of that marvelous system of government, partly federal and partly national, given to the world by the Federal Con vention at the close of its labors at Philadelphia on September I7, 1787. Beyond that point the influence of the document in question does not extend, - except in one important particular it sheds no new light on the after history. So far as this book is concerned, it is a mere episode, simply one link in a long chain of causation presented herein as a connected whole. It is, however, a great thing to know for certain that the most notable of all political inventions had a personal inventor; that the entirely unique and path-breaking creation embodied in the American Constitution came into being in a perfectly normal way; that its birth was neither mythical nor miraculous. Beginning upon that sane basis an effort has been made to unfold the growth of that Constitution according to the Historical Method, which regards all law, public and private, as a living and growing organism that changes as the relations of society change. When that method is applied to such data as are contained in printed documents, the growth of constitutions may be worked out by processes almost as exact as those employed in physical science. As Bishop Stubbs has happily ex pressed it: I confess that to me, as an old investigator, a good deal of the accepted theory of continuous history, in this region, at least, of history, seems to rest on arguments as sound, within its own material and area, as those on which Copernicus and Kepler worked out their astronomical con elusions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


The Second Creation

The Second Creation

Author: Jonathan Gienapp

Publisher: Harvard University Press

Published: 2018-10-09

Total Pages: 465

ISBN-13: 067498952X

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A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.


Classics of American Political and Constitutional Thought

Classics of American Political and Constitutional Thought

Author: Scott J. Hammond

Publisher:

Published: 2007

Total Pages: 1236

ISBN-13: 9780872207875

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From James I's Address Before Parliament (1610) to Joseph R. Biden, Jr.'s Learned Hand Dinner Address Before the American Jewish Committee (2005), this two-volume set offers an unparalleled selection of key texts from the history of American political and constitutional thought.


The Origins of American Constitutionalism

The Origins of American Constitutionalism

Author: Donald S. Lutz

Publisher: Lsu Press

Published: 1988

Total Pages: 178

ISBN-13: 9780807115060

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In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.


Novus Ordo Seclorum

Novus Ordo Seclorum

Author: Forrest McDonald

Publisher:

Published: 1985

Total Pages: 384

ISBN-13:

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'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism


Constitutionalism

Constitutionalism

Author: Charles Howard McIlwain

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 172

ISBN-13: 1584775505

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Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.


The Evangelical Origins of the Living Constitution

The Evangelical Origins of the Living Constitution

Author: John W. Compton

Publisher: Harvard University Press

Published: 2014-03-17

Total Pages: 360

ISBN-13: 0674419898

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The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary’s acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime—rooted in evangelical Protestantism—that would hold sway for the rest of the twentieth century.


The Constitutional History of England

The Constitutional History of England

Author: Frederic William Maitland

Publisher: The Lawbook Exchange, Ltd.

Published: 2001

Total Pages: 616

ISBN-13: 1584771488

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Originally published: Cambridge: Cambridge University Press, 1908. xxviii, 547 pp. Although Maitland never intended to publish these lectures, they have long been regarded as one of the best introductions to the English Constitution. Delivered in the winter of 1887 and spring of 1888, and edited and published in 1908 by one of Maitland's students, Herbert A.L. Fisher, they cover the period from 1066 to the end of the nineteenth century. Rather than a narrative historical format, they focus on describing the work of the constitution during five distinct moments in English history: 1307, 1509, 1625, 1702 and 1887. They provide an entry to some of the major concepts he later expounded in his seminal work written with Sir Frederick Pollock, The History of English Law. Widely considered the father of modern legal history, FREDERIC WILLIAM MAITLAND 1850-1906] was an English jurist and historian best known for The History of English Law Before the Time of Edward I (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in1876 and practiced until 1884, when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works had a profound influence on legal scholarship and remain important today.