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The American Constitutional Tradition

The American Constitutional Tradition PDF Author: H. Lowell Brown
Publisher: Rowman & Littlefield
ISBN: 1683930487
Category : History
Languages : en
Pages : 253

Book Description
The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments. In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so. This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.

The American Constitutional Tradition

The American Constitutional Tradition PDF Author: H. Lowell Brown
Publisher: Rowman & Littlefield
ISBN: 1683930487
Category : History
Languages : en
Pages : 253

Book Description
The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments. In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so. This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.

Colonial Origins of the American Constitution

Colonial Origins of the American Constitution PDF Author: Donald S. Lutz
Publisher:
ISBN:
Category : History
Languages : en
Pages : 448

Book Description
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

The Revolutionary Constitution

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

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.

Common Sense

Common Sense PDF Author: Thomas Paine
Publisher:
ISBN:
Category :
Languages : en
Pages : 88

Book Description


Exploration, Revolution, and Constitution, Grades 6 - 12

Exploration, Revolution, and Constitution, Grades 6 - 12 PDF Author: Barden
Publisher: Mark Twain Media
ISBN: 1580379877
Category : Juvenile Nonfiction
Languages : en
Pages : 131

Book Description
Bring history to life for students in grades 6–12 using Exploration, Revolution, and Constitution! This 128-page book is perfect for independent study or use as a tutorial aid. It explores history, geography, and social studies with activities that involve critical thinking, writing, and technology. The book includes topics such as the land of the Vikings, Christopher Columbus, colonial life, the Boston Tea Party, and patriots. It also includes vocabulary words, time lines, maps, and reading lists. The book supports NCSS standards and aligns with state, national, and Canadian provincial standards.

The U.S. Constitution

The U.S. Constitution PDF Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 0195378326
Category : History
Languages : en
Pages : 168

Book Description
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.

Power and Liberty

Power and Liberty PDF Author: Gordon S. Wood
Publisher: Oxford University Press
ISBN: 0197546919
Category : History
Languages : en
Pages : 241

Book Description
Written by one of early America's most eminent historians, this book masterfully discusses the debates over constitutionalism that took place in the Revolutionary era.

The Constitutional Origins of the American Revolution

The Constitutional Origins of the American Revolution PDF Author: Jack P. Greene
Publisher: Cambridge University Press
ISBN: 1139492934
Category : History
Languages : en
Pages : 223

Book Description
Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.

The Geography and Map Division

The Geography and Map Division PDF Author: Library of Congress. Geography and Map Division
Publisher:
ISBN:
Category :
Languages : en
Pages : 56

Book Description


America's Revolutionary Mind

America's Revolutionary Mind PDF Author: C. Bradley Thompson
Publisher: Encounter Books
ISBN: 1641770678
Category : History
Languages : en
Pages : 431

Book Description
America's Revolutionary Mind is the first major reinterpretation of the American Revolution since the publication of Bernard Bailyn's The Ideological Origins of the American Revolution and Gordon S. Wood's The Creation of the American Republic. The purpose of this book is twofold: first, to elucidate the logic, principles, and significance of the Declaration of Independence as the embodiment of the American mind; and, second, to shed light on what John Adams once called the "real American Revolution"; that is, the moral revolution that occurred in the minds of the people in the fifteen years before 1776. The Declaration is used here as an ideological road map by which to chart the intellectual and moral terrain traveled by American Revolutionaries as they searched for new moral principles to deal with the changed political circumstances of the 1760s and early 1770s. This volume identifies and analyzes the modes of reasoning, the patterns of thought, and the new moral and political principles that served American Revolutionaries first in their intellectual battle with Great Britain before 1776 and then in their attempt to create new Revolutionary societies after 1776. The book reconstructs what amounts to a near-unified system of thought—what Thomas Jefferson called an “American mind” or what I call “America’s Revolutionary mind.” This American mind was, I argue, united in its fealty to a common philosophy that was expressed in the Declaration and launched with the words, “We hold these truths to be self-evident.”