Download or read book Constitutions and Constitutionalism in the Slaveholding South written by Don Edward Fehrenbacher and published by . This book was released on 1989 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reflections on Slavery and the Constitution written by George Anastaplo and published by Lexington Books. This book was released on 2012-01-16 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this insightful book about constitutional law and slavery, George Anastaplo illuminates both how the history of race relations in the United States should be approached and how seemingly hopeless social and political challenges can be usefully considered through the lens of the U.S. Constitution. He examines the outbreak of the American Civil War, its prosecution, and its aftermath, tracing the concept of slavery and law from its earliest beginnings and slavery’s fraught legal history within the United States. Anastaplo offers discussions that bring into focus discussions of slavery in Ancient Greece and within the Bible, showing their influence on the Constitution and the subsequent political struggles that led to the Civil War.
Download or read book The US Constitution of 1791 and the Fugitive Slave Clause written by Norman Coles and published by Liverpool University Press. This book was released on 2019-11-20 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.
Download or read book The South s Role in the Creation of the Bill of Rights written by Robert J. Haws and published by Univ. Press of Mississippi. This book was released on 2010-12-01 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Bill of Rights was the last step in defining the essential elements of American constitutionalism. The process began with the writing of the Constitution, continued through its ratification by the states, and culminated with the adoption of the Bill of Rights. In 1991 the bicentennial of the adoption of the Bill of Rights provided an occasion for examining the origins of this most important statement of individual rights in American history. Published on this anniversary, The South's Role in the Creation of the Bill of Rights sheds light on the paradoxical part the South played in the process of drafting and adopting this document. In cogent essays from the Chancellor's Symposium on Southern History held at the University of Mississippi in 1988, six noted experts in legal, constitutional, and southern history fill a gap in the literature of southern legal history for the period 1787-1791. The southern role is particularly important because political leaders in the South took the lead in promoting a bill of rights and at the same time vociferously defended the right to hold slaves. The essays in this book comprise a complete discussion of the writing and ratification of the Constitution and the adoption of the Bill of Rights in five southern seaboard states. They reveal the interplay of a desire to protect states' rights, a concern for the preservation of individual liberty, and a defensive attitude toward slavery that governed southern attitudes. These concerns dominated constitutional discourse until the Civil War. The South's peculiar “cultural constitutionalism” was first given definition in this period of American history, and as this book reveals, it initiated the process of setting the region apart from the rest of the United States. The events of these years were a necessary first step in establishing a southern regional identity.
Download or read book The Unconstitutionality of Slavery written by Lysander Spooner and published by ReadHowYouWant.com. This book was released on 1845 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution a Pro slavery Compact written by Wendell Phillips and published by . This book was released on 1845 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Antebellum Origins of the Modern Constitution written by Simon J. Gilhooley and published by Cambridge University Press. This book was released on 2020-10-29 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
Download or read book The Complete American Constitutionalism written by Mark A. Graber and published by Oxford University Press. This book was released on 2015 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first part to Volume Five of the series covers: The Constitution of the Confederate States. The authors offer a comprehensive analysis of the constitution of the Confederate States during the American Civil War. Confederate constitutionalism presents the paradox of a society constitutionally committed to human and white supremacy whose constitutional materials rarely dwell on human bondage and racism. The foundational texts of Confederate constitutionalism maintain that racial slavery was at the core of secession and southern nationality. This volume provides the various speeches, ordinances and declarations, cases, and a host of other sources accompanied by detailed historical commentary."
Download or read book The Constitution a Pro slavery Compact written by Wendell Phillips and published by . This book was released on 1856 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Necessary Evil written by John P. Kaminski and published by Rowman & Littlefield. This book was released on 1995 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of primary sources describes the transformation of American attitudes toward slavery and freedom from the idealistic beginnings of the Revolution to the harsh realities of nationhood.
Download or read book A Constitutional Manual for the National American Party written by Thomas Robinson Hazard and published by . This book was released on 1856 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Complete American Constitutionalism Volume Five Part I written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-04-11 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first part to Volume Five of the series covers: The Constitution of the Confederate States. The authors offer a comprehensive analysis of the constitution of the Confederate States during the American Civil War. Confederate constitutionalism presents the paradox of a society constitutionally committed to human and white supremacy whose constitutional materials rarely dwell on human bondage and racism. The foundational texts of Confederate constitutionalism maintain that racial slavery was at the core of secession and southern nationality. This volume provides the various speeches, ordinances and declarations, cases, and a host of other sources accompanied by detailed historical commentary.
Download or read book Law the Constitution and Slavery written by Paul Finkelman and published by Articles-Garlan. This book was released on 1989 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unconstitutionality of Slavery Vol 1 2 written by Lysander Spooner and published by e-artnow. This book was released on 2019-09-20 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Unconstitutionality of Slavery" is a book by American abolitionist Lysander Spooner advocating the view that the United States Constitution prohibited slavery. This view was advocated in contrast to that of William Lloyd Garrison who advocated opposing the constitution on the grounds that it supported slavery. In the pamphlet, Spooner shows that none of the state governments of the slave states specifically authorized slavery, that the U.S. Constitution contains several clauses that are contradictory with slavery, that slavery was a violation of natural law, and that the intentions of the Constitutional Convention have no legal bearing on the document they created.
Download or read book The Unconstitutionality of Slavery written by Lysander Spooner and published by . This book was released on 1860 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Creating a More Perfect Slaveholders Union written by Peter Radan and published by University Press of Kansas. This book was released on 2023-10-27 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Texas v. White (1869), the Supreme Court ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created “an indestructible Union, composed of indestructible States.” The Court ruled “there was no place for reconsideration, or revocation, except through revolution, or through consent of the States.” In his iconoclastic work, Peter Radan demonstrates why the Court’s ruling was wrong and why, on the basis of American constitutional law in 1860–1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a “slaveholders’ Union. Creating a More Perfect Slaveholders’ Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to—namely, a system of human enslavement—had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders’ Union. Creating a More Perfect Slaveholders’ Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860–1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.
Download or read book Sectional Crisis and Southern Constitutionalism written by Don Edward Fehrenbacher and published by . This book was released on 1995 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historian and scholar Lukacs addresses topics including the real role of the Hungarian emigration, its place in the history of Hungary, and the emigration's international political aims, successes, and failures. Distributed by ISBS. Annotation copyright by Book News, Inc., Portland, OR
