Download or read book A Distinct Judicial Power written by Scott Douglas Gerber and published by Oxford University Press. This book was released on 2011-01-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The History of the State of Rhode Island and Providence Plantations written by Thomas Williams Bicknell and published by . This book was released on 1920 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Book Notes written by Sidney Smith Rider and published by . This book was released on 1884 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consisting of literary gossip, criticisms of books and local historical matters connected with Rhode Island.
Download or read book Politics and the Constitution in the History of the United States written by William W. Crosskey and published by University of Chicago Press. This book was released on 1953 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.
Download or read book Rhode Island Historical Tracts written by and published by . This book was released on 1897 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Additions and Corrections to the First Series of Rhode Island Historical Tracts written by and published by . This book was released on 1895 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rhode Island Historical Tracts written by and published by . This book was released on 1883 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rhode Island State Constitution written by Patrick T. Conley and published by . This book was released on 2011 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rhode Island has a long history of constitutional governance. Beginning in 1636, Rhode Island's constitution has been shaped by revolution, nation-building, tumult, and further changes wrought by everything from neo-liberalism to gay rights. The result has been a living document reflecting conflicting and changing values, making the Rhode Island constitution an essential resource for understanding the cultural history of this state. In The Rhode Island State Constitution Patrick T. Conley and Robert J. Flanders provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Rhode Island's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Rhode Island's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Download or read book The Transatlantic Constitution written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2008-03-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Download or read book Prestatehood Legal Materials written by Michael Chiorazzi and published by Routledge. This book was released on 2013-05-13 with total page 1539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.
Download or read book To Save the People from Themselves written by Robert J. Steinfeld and published by Cambridge University Press. This book was released on 2021-09-30 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A far-reaching re-interpretation of the origins of American judicial review.
Download or read book Walking in the Way of Peace written by Meredith Baldwin Weddle and published by Oxford University Press. This book was released on 2001-05-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the historical context, meaning, and expression of early Quaker pacifism in England and its colonies. Weddle focuses primarily on one historical moment--King Philip's War, which broke out in 1675 between English settlers and Indians in New England. Among the settlers were Quakers, adherents of the movement that had gathered by 1652 out of the religious and social turmoil of the English Civil War. King Philip's War confronted the New England Quakers with the practical need to define the parameters of their peace testimony --to test their principles and to choose how they would respond to violence. The Quaker governors of Rhode Island, for example, had to reconcile their beliefs with the need to provide for the common defense. Others had to reconcile their peace principles with such concerns as seeking refuge in garrisons, collecting taxes for war, carrying guns for self-defense as they worked in the fields, and serving in the militia. Indeed, Weddle has uncovered records of many Quakers engaged in or abetting acts of violence, thus debunking the traditional historiography of Quakers as saintly pacifists. Weddle shows that Quaker pacifism existed as a doctrinal position before the 1660 crackdown on religious sectarians, but that it was a radical theological position rather than a pragmatic strategy. She thus convincingly refutes the Marxist argument that Quakers acted from economic and political, and not religious motives. She examines in detail how the Quakers' theology worked--how, for example, their interpretation of certain biblical passages affected their politics--and traces the evolution of the concept of pacifism from a doctrine that was essentially about protecting the state of one's own soul to one concerned with the consequences of violence to other human beings.
Download or read book Publications of the American Jewish Historical Society written by American Jewish Historical Society and published by . This book was released on 1910 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rhode Island written by Irving Berdine Richman and published by . This book was released on 1902 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Publications of the American Jewish Historical Society written by and published by . This book was released on 1910 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judicialization of Politics in Pakistan written by Waris Husain and published by Routledge. This book was released on 2018-03-28 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
Download or read book The Medico legal Journal written by Clark Bell and published by . This book was released on 1898 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
