Daniel Webster and the Unfinished Constitution PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Daniel Webster and the Unfinished Constitution PDF full book. Access full book title Daniel Webster and the Unfinished Constitution by Peter Charles Hoffer. Download full books in PDF and EPUB format.
Author: Peter Charles Hoffer Publisher: University Press of Kansas ISBN: 070063200X Category : Law Languages : en Pages : 292
Book Description
Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.
Author: Peter Charles Hoffer Publisher: University Press of Kansas ISBN: 070063200X Category : Law Languages : en Pages : 292
Book Description
Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.
Author: Robert Vincent Remini Publisher: W. W. Norton & Company ISBN: 9780393045529 Category : Biography & Autobiography Languages : en Pages : 830
Book Description
In this monumental new biography, Robert V. Remini gives us a full life of Webster from his birth, early schooling, and rapid rise as a lawyer and politician in New Hampshire to his equally successful career in Massachusetts where he moved in 1816. Remini treats both the man and his time as they tangle in issues such as westward expansion, growth of democracy, market revolution, slavery and abolitionism, the National Bank, and tariff issues. Webster's famous speeches are fully discussed as are his relations with the other two of the "great triumvirate", Henry Clay and John C. Calhoun. Throughout, Remini pays close attention to Webster's personal life - perhaps more than Webster would have liked - his relationships with family and friends, and his murky financial dealings with men of wealth and influence.
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: H. W. Brands Publisher: Anchor ISBN: 0385542542 Category : History Languages : en Pages : 432
Book Description
From New York Times bestselling historian H. W. Brands comes the riveting story of how, in nineteenth-century America, a new set of political giants battled to complete the unfinished work of the Founding Fathers and decide the future of our democracy In the early 1800s, three young men strode onto the national stage, elected to Congress at a moment when the Founding Fathers were beginning to retire to their farms. Daniel Webster of Massachusetts, a champion orator known for his eloquence, spoke for the North and its business class. Henry Clay of Kentucky, as dashing as he was ambitious, embodied the hopes of the rising West. South Carolina's John Calhoun, with piercing eyes and an even more piercing intellect, defended the South and slavery. Together these heirs of Washington, Jefferson and Adams took the country to war, battled one another for the presidency and set themselves the task of finishing the work the Founders had left undone. Their rise was marked by dramatic duels, fierce debates, scandal and political betrayal. Yet each in his own way sought to remedy the two glaring flaws in the Constitution: its refusal to specify where authority ultimately rested, with the states or the nation, and its unwillingness to address the essential incompatibility of republicanism and slavery. They wrestled with these issues for four decades, arguing bitterly and hammering out political compromises that held the Union together, but only just. Then, in 1850, when California moved to join the Union as a free state, "the immortal trio" had one last chance to save the country from the real risk of civil war. But, by that point, they had never been further apart. Thrillingly and authoritatively, H. W. Brands narrates an epic American rivalry and the little-known drama of the dangerous early years of our democracy.
Author: Garry Wills Publisher: Simon and Schuster ISBN: 1439126453 Category : History Languages : en Pages : 305
Book Description
The power of words has rarely been given a more compelling demonstration than in the Gettysburg Address. Lincoln was asked to memorialize the gruesome battle. Instead, he gave the whole nation "a new birth of freedom" in the space of a mere 272 words. His entire life and previous training, and his deep political experience went into this, his revolutionary masterpiece. By examining both the address and Lincoln in their historical moment and cultural frame, Wills breathes new life into words we thought we knew, and reveals much about a president so mythologized but often misunderstood. Wills shows how Lincoln came to change the world and to effect an intellectual revolution, how his words had to and did complete the work of the guns, and how Lincoln wove a spell that has not yet been broken.
Author: Fergus M. Bordewich Publisher: Simon and Schuster ISBN: 1451692110 Category : History Languages : en Pages : 416
Book Description
"The little known story of perhaps the most productive Congress in US history, the First Federal Congress of 1789-1791. The First Congress was the most important in US history, says prizewinning author and historian Fergus Bordewich, because it established how our government would actually function. Had it failed--as many at the time feared it would--it's possible that the United States as we know it would not exist today. The Constitution was a broad set of principles. It was left to the members of the First Congress and President George Washington to create the machinery that would make the government work. Fortunately, James Madison, John Adams, Alexander Hamilton, and others less well known today, rose to the occasion. During two years of often fierce political struggle, they passed the first ten amendments to the Constitution; they resolved bitter regional rivalries to choose the site of the new national capital; they set in place the procedure for admitting new states to the union; and much more. But the First Congress also confronted some issues that remain to this day: the conflict between states' rights and the powers of national government; the proper balance between legislative and executive power; the respective roles of the federal and state judiciaries; and funding the central government. Other issues, such as slavery, would fester for decades before being resolved. The First Congress tells the dramatic story of the two remarkable years when Washington, Madison, and their dedicated colleagues struggled to successfully create our government, an achievement that has lasted to the present day."--Publisher website.
Author: Peter Charles Hoffer Publisher: Cornell University Press ISBN: 1501767356 Category : History Languages : en Pages : 129
Book Description
In Seward's Law, Peter Charles Hoffer argues that William H. Seward's legal practice in Auburn, New York, informed his theory of relational rights—a theory that demonstrated how the country could end slavery and establish a practical form of justice. This theory, Hoffer demonstrates, had ties to Seward's career as a country lawyer. Despite his rise to prominence, and indeed preeminence, as a US secretary of state, Seward's country-lawyer mentality endured throughout his life, as evinced in his personal attitudes and professional conduct. Relational rights, identified and termed here for the first time by Hoffer, are communal and reciprocal, what everyone owed to every other member of their community. Such rights are at the center of a jurisprudential outlook that arises directly from living in a village. Though Seward was limited by the Victorian mores and the racialist presumptions of his day, the concept of relational rights that animated him was the natural antithesis to the theories and practices of slavery. In the legal regime underpinning the institution, masters owed nothing to their bondmen and women, while those enslaved unconditionally owed life and labor to their masters. The irrepressible conflict was, for Seward, jurisprudential as well as moral and political. Hoffer's leading assumption in Seward's Law is that a lifetime spent as a lawyer influences how a person responds to everyday challenges. Seward remained a country lawyer at heart, and that fact defined the course of his political career.
Author: Fergus M. Bordewich Publisher: Simon and Schuster ISBN: 1439124612 Category : History Languages : en Pages : 496
Book Description
Chronicles the 1850s appeals of Western territories to join the Union as slave or free states, profiling period balances in the Senate, Henry Clay's attempts at compromise, and the border crisis between New Mexico and Texas.
Author: Peter Charles Hoffer
Author: Peter Charles Hoffer
Author: Robert Vincent Remini
Author: Goodwin Liu
Author: H. W. Brands
Author: Donald L. Drakeman
Author: Garry Wills
Author: Fergus M. Bordewich
Author: Daniel Webster
Author: Peter Charles Hoffer
Author: Fergus M. Bordewich