Download or read book The Documentary History of the Ratification of the Constitution written by Merrill Jensen and published by . This book was released on 1976 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ratification written by Pauline Maier and published by Simon and Schuster. This book was released on 2011-06-07 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.
Download or read book Colonial Origins of the American Constitution written by Donald S. Lutz and published by . This book was released on 1998 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book The Documentary History of the First Federal Elections 1788 1790 written by Merrill Jensen and published by Univ of Wisconsin Press. This book was released on 1976 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: On spine: The first Federal elections, 1788-1790.Vols. 2-3: Gordon DenBoer, editor, Lucy Trumbull Brown, associate editor, Charles D. Hagermann, editorial assistant; v. 4: Gordon DenBoer, editor ... [et al.]. Includes bibliographies and indexes.
Download or read book An Anti Federalist Constitution written by Michael J. Faber and published by University Press of Kansas. This book was released on 2022-10-04 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: What would an Anti-Federalist Constitution look like? Because we view the Constitution through the lens of the Federalists who came to control the narrative, we tend to forget those who opposed its ratification. And yet the Anti-Federalist arguments, so critical to an understanding of the Constitution’s origins and meaning, resonate throughout American history. By reconstructing these arguments and tracing their development through the ratification debates, Michael J. Faber presents an alternative perspective on constitutional history. Telling, in a sense, the other side of the story of the Constitution, his book offers key insights into the ideas that helped to form the nation’s founding document and that continue to inform American politics and public life. Faber identifies three distinct strands of political thought that eventually came together in a clear and coherent Anti-Federalism position: (1) the individual and the potential for governmental tyranny; (2) power, specifically the states as defenders of the people; and (3) democratic principles and popular sovereignty. After clarifying and elaborating these separate strands of thought and analyzing a well-known proponent of each, Faber goes on to tell the story of the resistance to the Constitution, focusing on ideas but also following and explaining events and strategies. Finally, he produces a “counterfactual” Anti-Federalist Constitution, summing up the Anti-Federalist position as it might have emerged had the opposition drafted the document. How would such a constitution have worked in practice? A close consideration reveals the legacy of the Anti-Federalists in early American history, in the US Constitution and its role in the nation’s political life.
Download or read book The Framers Coup written by Michael J. Klarman and published by Oxford University Press. This book was released on 2016-09-16 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.
Download or read book The Documentary History of the Ratification of the Constitution Ratification of the Constitution by the states Virginia 2 written by Merrill Jensen and published by . This book was released on 1976 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark work in historical and legal scholarship draws upon thousands of sources to trace the Constitution's progress through each of the thirteen states' conventions. -- Publisher.
Download or read book Federalists and Antifederalists written by John P. Kaminski and published by Rowman & Littlefield. This book was released on 1998 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a quarter of a century between 1763 and 1788, Americans intensely debated the nature of government and the need to protect individual liberties. The debate climaxed in the arguments over the ratification of the Constitution. Through a selection of essential documents from 1787 and 1788, this new edition gives readers the flavor and immediacy of the great debate in all its fire, brilliance, and political intensity. Organized by topic, this is a convenient reference and teaching tool. This updated edition contains an entirely new section on the debate over class structure, property rights, and the economy under the proposed Constitution--an ideal introduction to a debate meaningful today.
Download or read book The Constitution in the Supreme Court written by David P. Currie and published by University of Chicago Press. This book was released on 1992-09 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary
Download or read book Declaring Rights written by Jack N. Rakove and published by Macmillan Higher Education. This book was released on 2018-12-05 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions about the original meaning of the Bill of Rights remain a source of active concern and controversy in the twenty-first century. In order to help students consider the intentions of the first Constitutional amendments and the significance of declaring rights, Jack Rakove traces the tradition and describes the deliberations from which the Bill of Rights emerged.
Download or read book A Revolution in Favor of Government written by Max M. Edling and published by Oxford University Press. This book was released on 2008-07-08 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: What were the intentions of the Founders? Was the American constitution designed to protect individual rights? To limit the powers of government? To curb the excesses of democracy? Or to create a robust democratic nation-state? These questions echo through today's most heated legal and political debates. In this powerful new interpretation of America's origins, Max Edling argues that the Federalists were primarily concerned with building a government that could act vigorously in defense of American interests. The Constitution transferred the powers of war making and resource extraction from the states to the national government thereby creating a nation-state invested with all the important powers of Europe's eighteenth-century "fiscal-military states." A strong centralized government, however, challenged the American people's deeply ingrained distrust of unduly concentrated authority. To secure the Constitution's adoption the Federalists had to accommodate the formation of a powerful national government to the strong current of anti-statism in the American political tradition. They did so by designing a government that would be powerful in times of crisis, but which would make only limited demands on the citizenry and have a sharply restricted presence in society. The Constitution promised the American people the benefit of government without its costs. Taking advantage of a newly published letterpress edition of the constitutional debates, A Revolution in Favor of Government recovers a neglected strand of the Federalist argument, making a persuasive case for rethinking the formation of the federal American state.
Download or read book A History of the Supreme Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1995-02-23 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Download or read book Original Intentions written by Melvin Eustace Bradford and published by . This book was released on 1993 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This persuasively argued, decidedly partisan work aims to recover the original United States Constitution by describing its genesis, ratification, and mandate from the perspectives of its original framers. Openly challenging contemporary orthodoxy, M. E. Bradford employs principles of legal, historical, rhetorical, and dramatic analysis to reveal a Constitution notably short on abstract principles and modest in any goal beyond limiting the powers of the government it authorizes. From the beginning of Original Intentions, two sharply divergent convictions about the Constitution emerge. Bradford, arguing from a nomocratic viewpoint, regards the Constitution as an essentially procedural text created expressly to detail how the government may preside over itself not its people. He decries the currently predominant teleologic view, which is based upon the "principles" embodied by the Constitution, and holds that the document was designed to achieve a certain kind of society. By this view, he says, our fundamental laws have been blanketed by a heavy layer of ad hoc solutions to problems they were never intended to address, and then further obscured by the melioristic meddlings of judges, legislators, lawyers, scholars, and journalists. Bradford first shows that the Constitutional convention of 1787 was an enterprise guided by the delegates' hesitancy to impose a higher order over their local, practical, and vastly differing interests. Though all the states would ratify the Constitution, he says, each would interpret it in unique ways. Bradford underscores the dearth of lofty idealism among the original framers by detailing British influences on their political ethos. British common law, on which the framers heavily relied, evolved from a tradition of deliberate responses to practical needs and circumstances, not deductions from abstract utopian designs. In light of these factors, Bradford examines the ratification debates of Massachusetts, South Carolina, and North Carolina - three states that together exemplified the vast range of interests to be accommodated by the Constitution. Next Bradford highlights classic teleologic distortions. Discussing religion and the first amendment, he establishes a pervasive commitment to Christianity among the framers and challenges our notions about the separation of church and state. Warning against anachronistic readings of the Constitution, Bradford also analyzes the rhetoric of the framers to reinforce our awareness of their desire for a government that would contain their multiplicities, not seek to resolve them. In a reading of the Reconstruction amendments (thirteen, fourteen, and fifteen) Bradford argues that they had only a modest impact on the Constitution's original design. By the misconstruction of these amendments, however, the Constitution has been transformed into "a purpose oriented blank check for redesigning American society." In a final chapter Bradford critiques Mortimer Adler's We Hold These Truths and repudiates any broad connection between the Constitution and the Declaration of Independence. Before the Constitution is irreparably damaged, Bradford says, we must realize that it was not the best that the framers could invent but the best that their constituencies would approve. Debates related to normative issues should be settled not within the Constitution but within society, away from the coercive forces of law and politics - or else by amendment.
Download or read book Regulatory Rights written by Larry Yackle and published by University of Chicago Press. This book was released on 2008-09-15 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.
Download or read book America s Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Download or read book The Second Founding How the Civil War and Reconstruction Remade the Constitution written by Eric Foner and published by W. W. Norton & Company. This book was released on 2019-09-17 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
Download or read book The Columbia Documentary History of Race and Ethnicity in America written by Ronald H. Bayor and published by Columbia University Press. This book was released on 2004 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: With more than 240 primary sources, this introduction to a complex topic is a resource for student research.
