The Documentary History of the Supreme Court of the United States, 1789-1800: Suits against states
The Documentary History of the Supreme Court of the United States, 1789-1800: Suits against states

Author: Maeva Marcus

Publisher: Columbia University Press

Published: 1985

Total Pages: 740

ISBN-13: 9780231088725

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Divided into two volumes, The Teachings of Modern Christianity on Law, Politics, and Human Nature offers a landmark collection of writings from twenty Christian thinkers of the nineteenth and twentieth centuries and analyses of their work by leading contemporary religious scholars.With selections from the works of Jacques Maritain, Gustavo Gutiérrez, Dorothy Day, Pope John Paul II, Susan B. Anthony, Karl Barth, Dietrich Bonhoeffer, Reinhold Niebuhr, Martin Luther King Jr., Nikolai Berdyaev, Vladimir Lossky, and others, Volume 2 illustrates the different venues, vectors, and sometimes-conflicting visions of what a Christian understanding of law, politics, and society entails. The collection includes works by popes, pastors, nuns, activists, and theologians writing from within the Catholic, Protestant, and Orthodox Christian traditions. Addressing racism, totalitarianism, sexism, and other issues, many of the figures in this volume were the victims of church censure, exile, imprisonment, assassination, and death in Nazi concentration camps. These writings amplify the long and diverse tradition of modern Christian social thought and its continuing relevance to contemporary pluralistic societies. The volume speaks to questions regarding the nature and purpose of law and authority, the limits of rule and obedience, the care and nurture of the needy and innocent, the rights and wrongs of war and violence, and the separation of church and state. The historical focus and ecumenical breadth of this collection fills an important scholarly gap and revives the role of Christian social thought in legal and political theory.The first volume of The Teachings of Modern Christianity on Law Politics, and Human Nature includes essays by leading contemporary religious scholars, exploring the ideas, influences, and intellectual and cultural contexts of the figures from this volume.

Disestablishment and Religious Dissent
Disestablishment and Religious Dissent

Author: Carl H. Esbeck

Publisher: University of Missouri Press

Published: 2019-11-15

Total Pages: 460

ISBN-13: 0826274366

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On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion. This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-state account of disestablishment in the original thirteen states, as well as a look at similar events in the soon-to-be-admitted states of Vermont, Tennessee, and Kentucky. Also considered are disestablishment in Ohio (the first state admitted from the Northwest Territory), Louisiana and Missouri (the first states admitted from the Louisiana Purchase), and Florida (wrestled from Spain under U.S. pressure). The volume makes a unique scholarly contribution by recounting in detail the process of disestablishment in each of the colonies, as well as religion’s constitutional and legal place in the new states of the federal republic.

Aggressive Nationalism
Aggressive Nationalism

Author: Richard E. Ellis

Publisher: Oxford University Press

Published: 2007-08-22

Total Pages: 276

ISBN-13: 0195323564

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McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by the greatest Chief Justice, in which he declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Although it is now recognized as the foundational statement for a strong and active federal government, the immediate impact of the ruling was short-lived and widely criticized.Placing the decision and the public reaction to it in their proper historical context, Richard E. Ellis finds that Maryland, though unopposed to the Bank, helped to bring the case before the Court and a sympathetic Chief Justice, who worked behind the scenes to save the embattled institution. Almost all treatments of the case consider it solely from Marshall's perspective, yet a careful examination reveals other, even more important issues that the Chief Justice chose to ignore. Ellis demonstrates that the points which mattered most to the States were not treated by the Court's decision: the private, profit-making nature of the Second Bank, its right to establish branches wherever it wanted with immunity from state taxation, and the right of the States to tax the Bank simply for revenue purposes. Addressing these issues would have undercut Marshall's nationalist view of the Constitution, and his unwillingness to adequately deal with them produced immediate, widespread, and varied dissatisfaction among the States. Ellis argues that Marshall's "aggressive nationalism" was ultimately counter-productive: his overreaching led to Jackson's democratic rejection of the decision and failed to reconcile states' rights to the effective operation of the institutions of federal governance.Elegantly written, full of new information, and the first in-depth examination of McCulloch v. Maryland, Aggressive Nationalism offers an incisive, fresh interpretation of this familiar decision central to understanding the shifting politics of the early republic as well as the development of federal-state relations, a source of constant division in American politics, past and present.

A Hercules in the Cradle
A Hercules in the Cradle

Author: Max M. Edling

Publisher: University of Chicago Press

Published: 2023-09-05

Total Pages: 331

ISBN-13: 0226829367

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Explores the origin and evolution of American public finance and shows how the nation’s rise to great-power status in the nineteenth century rested on its ability to go into debt. Two and a half centuries after the American Revolution the United States stands as one of the greatest powers on earth and the undoubted leader of the western hemisphere. This stupendous evolution was far from a foregone conclusion at independence. The conquest of the North American continent required violence, suffering, and bloodshed. It also required the creation of a national government strong enough to go to war against, and acquire territory from, its North American rivals. In A Hercules in the Cradle, Max M. Edling argues that the federal government’s abilities to tax and borrow money, developed in the early years of the republic, were critical to the young nation’s ability to wage war and expand its territory. He traces the growth of this capacity from the time of the founding to the aftermath of the Civil War, including the funding of the War of 1812 and the Mexican War. Edling maintains that the Founding Fathers clearly understood the connection between public finance and power: a well-managed public debt was a key part of every modern state. Creating a debt would always be a delicate and contentious matter in the American context, however, and statesmen of all persuasions tried to pay down the national debt in times of peace.