A Comparative Study of the State Constitution of the American Revolution PDF Download

Author: William Clarence Webster
Publisher:
ISBN:
Category : Constitutions, State
Languages : en
Pages : 56

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Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Category : History
Languages : en
Pages : 292

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Book Description
The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 0195378326
Category : History
Languages : en
Pages : 168

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The U.S. Constitution: A Very Short Introduction explores the major themes of American constitutional history --federalism, the balance of powers, property, representation, equality, and security -- and illustrates how the Constitution has served as a dynamic framework for legitimating power and advancing liberty.

Author: Mark Somos
Publisher: Oxford University Press
ISBN: 0190909560
Category : History
Languages : en
Pages : 509

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American States of Nature transforms our understanding of the American Revolution and the early makings of the Constitution. The journey to an independent United States generated important arguments about the existing condition of Americans, in which rival interpretations of the term "state of nature" played a crucial role. "State of nature" typically implied a pre-political condition and was often invoked in support of individual rights to property and self-defense and the right to exit or to form a political state. It could connote either a paradise, a baseline condition of virtue and health, or a hell on earth. This mutable phrase was well-known in Europe and its empires. In the British colonies, "state of nature" appeared thousands of times in juridical, theological, medical, political, economic, and other texts from 1630 to 1810. But by the 1760s, a distinctively American state-of-nature discourse started to emerge. It combined existing meanings and sidelined others in moments of intense contestation, such as the Stamp Act crisis of 1765-66 and the First Continental Congress of 1774. In laws, resolutions, petitions, sermons, broadsides, pamphlets, letters, and diaries, the American states of nature came to justify independence at least as much as colonial formulations of liberty, property, and individual rights did. In this groundbreaking book, Mark Somos focuses on the formative decade and a half just before the American Revolution. Somos' investigation begins with a 1761 speech by James Otis that John Adams described as "a dissertation on the state of nature," and celebrated as the real start of the Revolution. Drawing on an enormous range of both public and personal writings, many rarely or never before discussed, the book follows the development of America's state-of-nature discourse to 1775. The founding generation transformed this flexible concept into a powerful theme that shapes their legacy to this day. No constitutional history of the Revolution can be written without it.

Author: Gary B. Nash
Publisher: Penguin
ISBN: 1440627053
Category : History
Languages : en
Pages : 545

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In this audacious recasting of the American Revolution, distinguished historian Gary Nash offers a profound new way of thinking about the struggle to create this country, introducing readers to a coalition of patriots from all classes and races of American society. From millennialist preachers to enslaved Africans, disgruntled women to aggrieved Indians, the people so vividly portrayed in this book did not all agree or succeed, but during the exhilarating and messy years of this country's birth, they laid down ideas that have become part of our inheritance and ideals toward which we still strive today.

Author: John J. Dinan
Publisher:
ISBN:
Category : History
Languages : en
Pages : 448

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The first comprehensive study of all 114 state constitutional conventions for which there are records--from Connecticut's in 1818 to New Hampshire's in 1984. By integrating state constitution-makers with the federal constitutional tradition, this path-breaking work yields a superior understanding of how American citizens have chosen to govern themselves.

Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107020565
Category : Law
Languages : en
Pages : 407

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Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Author: Colin Bonwick
Publisher: Bloomsbury Publishing
ISBN: 1137052503
Category : History
Languages : en
Pages : 400

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Book Description
Colin Bonwick expands and updates the well-received first edition, and incorporates fresh material drawn from recent scholarship. The structure and argument of the book remain as before, but in particular Bonwick pays greater attention to Native Americans, African Americans, and white women. Though the book traces the attainment of independence, it focuses especially on the internal revolution that created republican governments, and considers the extent of social change. It concludes by examining the development of the American union.

Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 530

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Author: Bruce Ackerman
Publisher: Harvard University Press
ISBN: 0674238842
Category : Political Science
Languages : en
Pages : 473

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A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.