“Americans’ ideas about constitutional liberty played a crucial role in the history of Reconstruction. They provided the basis for the Republican program of equal rights; ironically, they also set the limits to that program and reduced the prospects for its success. Americans were as concerned with preserving the Constitution as they were with changing it to protect liberty and equal rights. These two commitments were in profound tension. The question was how one could change the constitutional system to fulfill the promise of the Declaration of Independence—to entrench a republic dedicated to liberty instead of slavery—and yet preserve the essentials of federalism and local democracy. Almost 150 years later we still struggle with these problems.” —Michael Les Benedict, from the Introduction Historians and legal scholars continue to confront the failure of Reconstruction, exploring the interaction of pervasive racism with widespread commitments to freedom and equality. In this important book, one of America’s leading historians confronts the constitutional politics of the period from the end of the Civil War until 1877. Benedict updates ten of his classic essays that explore the way Republicans tried to replace the slaveholding republic with a nation dedicated to freedom and equality of basic legal and political rights—and how Americans’ constitutional commitments, and those of Republicans themselves, limited reform. Expertly bridging legal, political, party history, the essays explore the fate of the Thirteenth, Fourteenth, and Fifteenth Amendments, as well as the struggle between President and Congress over the course of Reconstruction. Brought together for the first time with a new introduction, and revised to reflect emerging scholarship, the essays are essential points of departure for students and scholars in history, law, and political science.
Автор: Calabresi, Steven Gow Lawson, Gary S. Название: United states constitution ISBN: 1642429090 ISBN-13(EAN): 9781642429091 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 233770.00 T Наличие на складе: Невозможна поставка. Описание: Offers the most complete, historically grounded, and originalist and textualist casebook account of the original Constitution, Reconstruction Amendments, and modern constitutional developments. The book contains unique background on the drafting and ratification of the Constitution that puts all subsequent doctrinal developments into context.
Автор: Alexis de Tocqueville Название: Tocqueville`s America: The Great Quotations ISBN: 0821407538 ISBN-13(EAN): 9780821407530 Издательство: Wiley EDC Рейтинг: Цена: 17150.00 T Наличие на складе: Поставка под заказ. Описание: “…boldness of enterprise is the foremost cause of (America’s) progress, its strength, and its greatness.”With that succinct statement a young French aristocrat, Alexis de Tocqueville, expressed his perceptive analysis of the United States, following a nine-month tour of the young republic beginning in May of 1831.
The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States.
Eric Foner's compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre-Civil War mass meetings of African-American "colored citizens" and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.
Автор: Hamilton Alexander, Madison James, Jay John Название: The Federalist Papers: Alexander Hamilton, James Madison, and John Jay`s Essays on the United States Constitution, Aka the New Constitution ISBN: 161589019X ISBN-13(EAN): 9781615890194 Издательство: Неизвестно Рейтинг: Цена: 26190.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Cyberspace is a ubiquitous realm interconnecting every aspect of modern society, enabled by broadband networks and wireless signals around us, existing within local area networks in our schools, hospitals and businesses, and within the massive grids that power most countries. Securing cyberspace to ensure the continuation of growing economies and to protect a nations way of life is a major concern for governments around the globe.This book contains papers presented at the NATO Advanced Research Workshop ARW entitled Best Practices and Innovative Approaches to Develop Cyber Security and Resiliency Policy Framework, held in Ohrid,
Автор: Dyer Название: Natural Law and the Antislavery Constitutional Tradition ISBN: 1107454352 ISBN-13(EAN): 9781107454354 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In a series of case studies, Dyer reconstructs the arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass. What emerges is a convoluted understanding of American constitutional development that emphasizes the centrality of natural law to America`s greatest constitutional crisis.
Автор: Ken I. Kersch Название: Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism ISBN: 0521139805 ISBN-13(EAN): 9780521139809 Издательство: Cambridge Academ Рейтинг: Цена: 32730.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines the post-war conservative movement in the US to shed light on how visions of constitutional restoration and redemption were mobilized during the heyday of American liberalism to unite a fractious and diverse political coalition.
Автор: Liebmann, George W. (independent Scholar, Usa) Название: America`s political inventors ISBN: 1838606726 ISBN-13(EAN): 9781838606725 Издательство: Bloomsbury Academic Рейтинг: Цена: 35890.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Recent American political developments, including the election of Donald Trump, reveal profound disquiet with the highly centralized political regime based on discretionary allocation of funds and powers to interest groups that has developed since the creation of emergency institutions after America's entry into World War I. This book demonstrates the effectiveness in American history of measures conceived in a different spirit, addressing the population at large, rather than particular interest groups, relying on citizen and local initiative, and founded not on the distribution of frequently unearned benefits and powers but on reciprocal contributions and obligations. George W. Liebmann discusses John Winthrop and his foundation of New England towns; John Locke and the creation of Southern plantations; Thomas Jefferson and his scheme for the organization of Northwestern townships and American territories and states; Joseph Pulitzer and the origins of municipal home rule; John Wesley Powell and the creation of reclamation districts; Hugh Hammond Bennett and the fostering of soil conservation districts; and Byron Hanke and the development of residential community associations. The book concludes with a number of public policy proposals relating to housing, urban renewal, care of the elderly, immigration and youth unemployment conceived in the same spirit. Liebmann brings to light little-known facts concerning the growth of practices and institutions that Americans take for granted. His book will be of interest to students of biography, history and government.
Автор: Michael P. Zuckert Название: Lincoln and Democratic Statesmanship ISBN: 0700629386 ISBN-13(EAN): 9780700629381 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 55440.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Considers Lincoln`s democratic and rhetorical statesmanship, drawing comparisons with his contemporaries Henry Clay and Stephen Douglas or even such a distant forerunner as Pericles. This volume renders a nuanced, deeply informed judgment on what distinguishes Lincoln as a statesman, and what distinguishes a statesman from a politician.
Автор: Spooner Lysander Название: No Treason: The Constitution of No Authority ISBN: 3190275246 ISBN-13(EAN): 9783190275243 Издательство: Неизвестно Рейтинг: Цена: 9190.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The author was an anti-authoritarian philosopher and legal theorist who had spent his earlier life vigorously campaigning against slavery. Following the American Civil War however, he became horrified at the brutality and carnage that had been unleashed. Redoubling his criticisms, Spooner asserts his dismay that the U.S. government was rendered inert by its Constitution - slavery was only abolished after a long and bloody war, whereas had it been forbade at the outset, no such conflict would have arisen.
A strong proponent of natural law - the concept that all humans had rights endowed at the point of their birth - Spooner had a sense of revulsion at how American politics had ensued in the early-to-mid 19th century. It was thus that No Treason was written in the hope of moderating the Constitution to ensure that slavery and bloody recriminations for secession would never again occur.
In life, many of Spooner's actions versus authority were successful; his abolitionism consisted of circulating pamphlets including those suggesting guerrilla warfare by slaves, and prefaced the Civil War. Later in life his challenge to the postal monopolies successfully resulted in such monopolies being regulated to the point where mailing became much cheaper for all. Furthermore he advanced a cogent theory of self-employment, believing it a way to laborers avoiding or reducing their exploitation by employers.
Автор: James B. Staab Название: Limits of Constraint: The Originalist Jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas ISBN: 0700633308 ISBN-13(EAN): 9780700633302 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 50150.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Adherents of originalism often present it as a theory that constrains legal decision-making in a clear and objective manner that is based on the text and original meaning of the Constitution, in contrast to the supposedly subjective and “activist” jurisprudence of those who promote a living Constitution. But originalists have not had the same views on constitutional issues, calling into question the theory of originalism. Limits of Constraint examines the originalist jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas, showing that three of the Court’s originalists have arrived at different conclusions in many constitutional areas. While the starkest contrast is between Justice Black and Justices Scalia and Thomas, even the latter two justices have disagreed on several key issues, including executive power and the administrative state. James Staab shows that originalism in actual practice does not deliver on its promise of an objective jurisprudence free of personal philosophy and discretion.Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas. If the analysis of this book is correct—that is, the results reached by Justices Black, Scalia, and Thomas are divergent across a wide array of constitutional areas—then originalism promises more than it can deliver. One of the fundamental claims made by originalists is that their theory of constitutional interpretation limits judicial discretion, but originalism does not constrain judicial behavior as much as its defenders claim.
Автор: Campbell, Ballard C. Название: The paradox of power ISBN: 0700632565 ISBN-13(EAN): 9780700632565 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 31760.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: America’s political history is a fascinating paradox. The United States was born with the admonition that government posed a threat to liberty. This apprehension became the foundation of the nation’s civic ideology and was embedded in its constitutional structure. Yet the history of public life in the United States records the emergence of an enormously powerful national state during the nineteenth century. By 1920, the United States was arguably the most powerful country in the world. In The Paradox of Power Ballard C. Campbell traces this evolution and offers an explanation for how it occurred.Campbell argues that the state in America is rooted in the country’s colonial experience and analyzes the evidence for this by reviewing governance at all levels of the American polity—local, state, and national—between 1754 and 1920. Campbell poses five critical causal references: war, geography, economic development, culture and identity (including citizenship and nationalism), and political capacity. This last factor embraces law and constitutionalism, administration, and political parties. The Paradox of Power makes a major contribution to our understanding of American statebuilding by emphasizing the fundamental role of local and state governance to successfully integrate urban, state, and national governments to create a composite and comprehensive portrait of how governance evolved in America.
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