Early New England
Early New England

Author: David A. Weir

Publisher: Wm. B. Eerdmans Publishing

Published: 2005

Total Pages: 486

ISBN-13: 9780802813527

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The idea of covenant was at the heart of early New England society. In this singular book David Weir explores the origins and development of covenant thought in America by analyzing the town and church documents written and signed by seventeenth-century New Englanders. Unmatched in the breadth of its scope, this study takes into account all of the surviving covenants in all of the New England colonies. Weir's comprehensive survey of seventeenth-century covenants leads to a more complex picture of early New England than what emerges from looking at only a few famous civil covenants like the Mayflower Compact. His work shows covenant theology being transformed into a covenantal vision for society but also reveals the stress and strains on church-state relationships that eventually led to more secularized colonial governments in eighteenth-century New England. He concludes that New England colonial society was much more "English" and much less "American" than has often been thought, and that the New England colonies substantially mirrored religious and social change in Old England.

A Distinct Judicial Power
A Distinct Judicial Power

Author: Scott Douglas Gerber

Publisher: Oxford University Press

Published: 2011-01-10

Total Pages: 440

ISBN-13: 019978096X

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A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.