Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Download or read book Reconstructing Reconstruction written by Pamela Brandwein and published by Duke University Press. This book was released on 1999 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in
Download or read book The Republic for which it Stands written by Richard White and published by Oxford University Press. This book was released on 2017 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt: The newest volume in the Oxford History of the United States series, The Republic for Which It Stands argues that the Gilded Age, along with Reconstruction--its conflicts, rapid and disorienting change, hopes and fears--formed the template of American modernity.
Download or read book I ve Been Here All the While written by Alaina E. Roberts and published by University of Pennsylvania Press. This book was released on 2021-03-12 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no other symbol has more resonance in African American history than that of "40 acres and a mule"—the lost promise of Black reparations for slavery after the Civil War. In I've Been Here All the While, we meet the Black people who actually received this mythic 40 acres, the American settlers who coveted this land, and the Native Americans whose holdings it originated from. In nineteenth-century Indian Territory (modern-day Oklahoma), a story unfolds that ties African American and Native American history tightly together, revealing a western theatre of Civil War and Reconstruction, in which Cherokee, Choctaw, Chickasaw, Creek, and Seminole Indians, their Black slaves, and African Americans and whites from the eastern United States fought military and rhetorical battles to lay claim to land that had been taken from others. Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction. She connects debates about Black freedom and Native American citizenship to westward expansion onto Native land. As Black, white, and Native people constructed ideas of race, belonging, and national identity, this part of the West became, for a short time, the last place where Black people could escape Jim Crow, finding land and exercising political rights, until Oklahoma statehood in 1907.
Download or read book The Treason Trial of Aaron Burr written by R. Kent Newmyer and published by Cambridge University Press. This book was released on 2012-09-24 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Burr treason trial, one of the greatest criminal trials in American history, was significant for several reasons. The legal proceedings lasted seven months and featured some of the nation's best lawyers. It also pitted President Thomas Jefferson (who declared Burr guilty without the benefit of a trial and who masterminded the prosecution), Chief Justice John Marshall (who sat as a trial judge in the federal circuit court in Richmond) and former Vice President Aaron Burr (who was accused of planning to separate the western states from the Union) against each other. At issue, in addition to the life of Aaron Burr, were the rights of criminal defendants, the constitutional definition of treason and the meaning of separation of powers in the Constitution. Capturing the sheer drama of the long trial, Kent Newmyer's book sheds new light on the chaotic process by which lawyers, judges and politicians fashioned law for the new nation.
Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Download or read book Fidelity Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Download or read book Guiding Principles for Stabilization and Reconstruction written by United States Institute of Peace and published by US Institute of Peace Press. This book was released on 2009 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claude Chabrol's second film follows the fortunes of two cousins: Charles, a hard-working student who has arrived in Paris from his small hometown; and Paul, the dedicated hedonist who puts him up. Despite their differences in temperament, the two young men strike up a close friendship, until an attractive woman comes between them.
Download or read book Final Freedom written by Michael Vorenberg and published by Cambridge University Press. This book was released on 2001-05-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines emancipation after the Emancipation Proclamation of 1863. Focusing on the making and meaning of the Thirteenth Amendment, Final Freedom looks at the struggle among legal thinkers, politicians, and ordinary Americans in the North and the border states to find a way to abolish slavery that would overcome the inadequacies of the Emancipation Proclamation. The book tells the dramatic story of the creation of a constitutional amendment and reveals an unprecedented transformation in American race relations, politics, and constitutional thought. Using a wide array of archival and published sources, Professor Vorenberg argues that the crucial consideration of emancipation occurred after, not before, the Emancipation Proclamation; that the debate over final freedom was shaped by a level of volatility in party politics underestimated by prior historians; and that the abolition of slavery by constitutional amendment represented a novel method of reform that transformed attitudes toward the Constitution.
Download or read book Secession on Trial written by Cynthia Nicoletti and published by Cambridge University Press. This book was released on 2017-10-19 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.
Download or read book Rethinking Humanitarian Intervention written by Brian D. Lepard and published by Penn State Press. This book was released on 2015-08-26 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few foreign policy issues in the past decade have elicited as much controversy as the use of military force for humanitarian purposes. In this book Brian Lepard offers a new method for analyzing humanitarian intervention that seeks to resolve conflicts among legal norms by identifying ethical principles embedded in the UN Charter and international law and relating them to a pivotal principle of "unity in diversity." A special feature of the book, which avoids the charge of ethnocentricity brought against other approaches, is that Lepard shows how passages from the revered texts of seven world religions may be interpreted as supporting these ethical principles. In connecting law with ethics and religion in this way, he takes a major step forward in the effort to formulate a normative basis for international law in our multicultural world.
Download or read book With Malice Toward Some written by William Alan Blair and published by UNC Press Books. This book was released on 2014 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: With Malice toward Some: Treason and Loyalty in the Civil War Era
Download or read book A Legal History of the Civil War and Reconstruction written by Laura F. Edwards and published by Cambridge University Press. This book was released on 2015-01-26 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a succinct and accessible account of the critical role of legal and constitutional issues of the American Civil War.
Download or read book A Great Power of Attorney written by Gary Lawson and published by University Press of Kansas. This book was released on 2017-05-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
Download or read book Coordination of Monetary and Fiscal Policies written by International Monetary Fund and published by International Monetary Fund. This book was released on 1998-03-01 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently, monetary authorities have increasingly focused on implementing policies to ensure price stability and strengthen central bank independence. Simultaneously, in the fiscal area, market development has allowed public debt managers to focus more on cost minimization. This “divorce” of monetary and debt management functions in no way lessens the need for effective coordination of monetary and fiscal policy if overall economic performance is to be optimized and maintained in the long term. This paper analyzes these issues based on a review of the relevant literature and of country experiences from an institutional and operational perspective.
Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Download or read book From Poverty to Power written by Duncan Green and published by Oxfam. This book was released on 2008 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a look at the causes and effects of poverty and inequality, as well as the possible solutions. This title features research, human stories, statistics, and compelling arguments. It discusses about the world we live in and how we can make it a better place.
