Download or read book Lincoln the Constitutional Lawyer written by John Maxcy Zane and published by The Lawbook Exchange, Ltd.. This book was released on 2003 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zane explores the sources of Lincoln's interpretation of the Constitution, with an emphasis on slavery and civil liberties during times of national emergency. Two introductory chapters offer an appreciation of Lincoln's prose style and courtroom technique.
Download or read book Lincoln the Constitutional Lawyer Classic Reprint written by John Maxcy Zane and published by Forgotten Books. This book was released on 2018-01-11 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Lincoln, the Constitutional Lawyer Lincoln, The Man is too much given to hurling the contumelious stone. His ignorance on matters of ordinary historical knowledge is astonishing. As an instance, he says (p. 25) that Jackson called the alliance of Clay and John Quincy Adams a combination of the Puritan and the blackleg. Imagine Jackson quoting Fielding, from whom the words come. Every tyro knows that John Randolph ap plied the quotation and Clay and Randolph fought a duel over the aspersion, Yet Masters is not without value as showing the attitude of the Douglas Democrats in Illinois during the years from 1854. To 1860. He does not seem to be very well read in the historical sources for that period. Lord Charnwood in his book is wholly without understanding as to our constitutional law and seems to have no juristic conceptions whatever. (see notes 24 and 53, infra.) Not one of the authors examines Lincoln's constructive constitutional policy and many seem to think that he as President was constantly violating the Constitution, which is a wholly untenable position. It is not necessary to notice the general mass of writing upon Lincoln's poli tical career, for it affords no light on Lincoln as a framer of a con stitutional polity. A late book is Lincoln and his Cabinet by an author named Macartney. It has no value for the legal aspect of the President. Another late book, by Emanuel Hertz, shows very great insight as to some aspects of Lincoln as a lawyer. But for the legal constitutional aspect of Lincoln a very late book, The Reward of Patriotism, is by far the best. It is by Lucy Shelton Stewart, and is buttressed by adequate references and great research. Some of the author's personal opinions are not convincing. The book came out after this address was written. The author has certainly shown some new facts as to Robert E. Lee. 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.
Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
Download or read book Act of Justice written by Burrus M. Carnahan and published by University Press of Kentucky. This book was released on 2007-09-21 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners -- practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.
Download or read book The Suppressed Truth about the Assassination of Abraham Lincoln written by Burke McCarty and published by Health Research Books. This book was released on 1993-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1922 Written & Compiled by Burke McCarty, Ex-Romanist. the author spent years in public and private libraries gathering facts from books, magazines, newspapers and court records to compile all the information into this book. it is Mr. McCarty's view t.
Download or read book Untrodden Ground written by Harold H. Bruff and published by University of Chicago Press. This book was released on 2016-11-23 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines constitutional innovations related to executive power made by each of the nation's forty-four presidents.
Download or read book Abraham Lincoln Esq written by Roger Billings and published by University Press of Kentucky. This book was released on 2010-11-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lincoln scholars explore the president’s law career in this informative volume, examining his legal writings on matters from ethics to the Constitution. As our nation's most beloved and recognizable president, Abraham Lincoln is best known for the Emancipation Proclamation and for guiding our country through the Civil War. But before he took the oath of office, Lincoln practiced law for nearly twenty-five years in the Illinois courts. In Abraham Lincoln, Esq., notable historiansexamine Lincoln's law practice and the effect it had on his presidency and the country. This volume offers new perspectives on Lincoln’s work in Illinois as well as his time in Washington. Each chapter offers an expansive look at Lincoln's legal mind and covers diverse topics such as Lincoln's legal writing, ethics, Constitutional law, and international law. Abraham Lincoln, Esq. emphasizes this overlooked period in Lincoln's career and sheds light on Lincoln's life before he became America’s sixteenth president.
Download or read book Lincoln at Gettysburg written by Garry Wills and published by Simon and Schuster. This book was released on 2012-12-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of words has rarely been given a more compelling demonstration than in the Gettysburg Address. Lincoln was asked to memorialize the gruesome battle. Instead, he gave the whole nation "a new birth of freedom" in the space of a mere 272 words. His entire life and previous training, and his deep political experience went into this, his revolutionary masterpiece. By examining both the address and Lincoln in their historical moment and cultural frame, Wills breathes new life into words we thought we knew, and reveals much about a president so mythologized but often misunderstood. Wills shows how Lincoln came to change the world and to effect an intellectual revolution, how his words had to and did complete the work of the guns, and how Lincoln wove a spell that has not yet been broken.
Download or read book The Broken Constitution written by Noah Feldman and published by Farrar, Straus and Giroux. This book was released on 2021-11-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Download or read book Constitutional Illusions and Anchoring Truths written by Hadley Arkes and published by Cambridge University Press. This book was released on 2010-05-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted.
Download or read book America s Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
Download or read book Lincoln and the American Founding written by Lucas E. Morel and published by Southern Illinois University Press. This book was released on 2020-06-22 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this persuasive work of intellectual history, Lucas E. Morel argues that the most important influence on Abraham Lincoln’s political thought and practice was what he learned from the leading figures of and documents from the birth of the United States. In this systematic account of those principles, Morel compellingly demonstrates that to know Lincoln well is to understand thoroughly the founding of America. With each chapter describing a particular influence, Morel leads readers from the Founding Father, George Washington; to the founding documents, the Declaration of Independence and Constitution; to the founding compromise over slavery; and finally to a consideration of how the original intentions of the Founding Fathers should be respected in light of experience, progress, and improvements over time. Within these key discussions, Morel shows that without the ideals of the American Revolution, Lincoln’s most famous speeches would be unrecognizable, and the character of the nation would have lost its foundation on the universal principles of human equality, individual liberty, and government by the consent of the governed. Lincoln thought that the principles of human equality and individual rights could provide common ground for a diverse people to live as one nation and that some old things, such as the political ideals of the American founding, were worth preserving. He urged Americans to be vigilant in maintaining the institutions of self-government and to exercise and safeguard the benefits of freedom for future generations. Morel posits that adopting the way of thinking and speaking Lincoln advocated, based on the country’s founding, could help mend our current polarized discourse and direct the American people to employ their common government on behalf of a truly common good.
Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2016-08-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Download or read book The U S Constitution and Other Writings written by Editors of Canterbury Classics and published by Simon and Schuster. This book was released on 2017-10-01 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: “We the People of the United States, in order to form a more perfect union . . . ” — The U.S Constitution The U.S. Constitution and Other Writings is a collection of the crucial documents, speeches, and other writings that shaped the United States. In addition to the Constitution, readers can review the Declaration of Independence, the Articles of Confederation, the Federalist Papers, important presidential speeches, and many others. Both famous and lesser-known, but equally important, Americans are represented, including Benjamin Franklin, Victoria Woodhull, Frederick Douglass, Susan B. Anthony, and even the creators of the rules of baseball. The founders' inspirational and revolutionary ideals are all here, and this is a perfect volume for anyone who finds the history of America to be a fascinating and enlightening journey.
Download or read book Contested Ground written by Dan A. Farber and published by Univ of California Press. This book was released on 2021-10-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet the same rules must apply to all presidents, those whose abuses of power we fear as well as those whose exercises of power we applaud. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"--
Download or read book Lincoln s Constitution written by Daniel A. Farber and published by University of Chicago Press. This book was released on 2011-04-08 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.
