Compact of the Republic

Compact of the Republic
Author: David Benner
Publisher:
Total Pages: 364
Release: 2014-11-05
Genre:
ISBN: 9780692484265

The genesis of the United States Constitution was built upon centuries of tyranny inflicted by treacherous kings and highly centralized government. In many cases, this authority had to be challenged directly in order for liberty to thrive. As a result, the Constitution was born from a laborious and exhaustive understanding of the British experience that the founders lived under and observed. In Compact of the Republic, David Benner aims to prove that the Constitution did not impose a nationalist, powerful central government, and was not ratified by "one people." Instead, the Constitution was a multi-party compact set up by the states, where the states were the masters of their own creation. The states built the federal government, and did not intend for their creation to rule over them. Compact of the Republic promises to become the standard argument for the compact view of the union, and throws a wrench into the wheel of contemporary legal thought. In Compact of the Republic, historian David Benner: *Contends that representatives were made aware that power could be resumed by the states after acts of federal overreach and usurpation *Explores the historical foundation behind the Bill of Rights, and traces the limitations on government to malevolent actions of kings *Proves the Constitution acknowledges the states in the plural, as a collection of societies with varied interests *Reveals that the "elastic clauses" were clearly explained and leave no room for modern reinterpretation *Explains how the federal judiciary now overturns state laws that they have no discretion over, to the contrary of its original scope of power *Describes how Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was only secured by convincing opponents of the Constitution that the document would produce a weak general government with limited, enumerated powers

Compact of the Republic

Compact of the Republic
Author: David Benner
Publisher:
Total Pages: 388
Release: 2014-11-15
Genre:
ISBN: 9781502491381

The genesis of the United States Constitution was built upon centuries of tyranny inflicted by treacherous kings and highly centralized government. In many cases, this authority had to be challenged directly in order for liberty to thrive. As a result, the Constitution was born from a laborious and exhaustive understanding of the British experience that the founders lived under and observed. In Compact of the Republic, David Benner aims to prove that the Constitution did not impose a nationalist, powerful central government, and was not ratified by "one people." Instead, the Constitution was a multi-party compact set up by the states, where the states were the masters of their own creation. The states built the federal government, and did not intend for their creation to rule over them. Compact of the Republic promises to become the standard argument for the compact view of the union, and throws a wrench into the wheel of contemporary legal thought. In Compact of the Republic, historian David Benner: *Contends that representatives were made aware that power could be resumed by the states after acts of federal overreach and usurpation *Explores the historical foundation behind the Bill of Rights, and traces the limitations on government to malevolent actions of kings *Proves the Constitution acknowledges the states in the plural, as a collection of societies with varied interests *Reveals that the "elastic clauses" were clearly explained and leave no room for modern reinterpretation *Explains how the federal judiciary now overturns state laws that they have no discretion over, to the contrary of its original scope of power *Describes how Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was only secured by convincing opponents of the Constitution that the document would produce a weak general government with limited, enumerated powers

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

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.

In Defense of Andrew Jackson

In Defense of Andrew Jackson
Author: Bradley J. Birzer
Publisher: Simon and Schuster
Total Pages: 176
Release: 2018-09-11
Genre: Biography & Autobiography
ISBN: 1621578437

"He was a man of the frontier, self-made but appreciative of those who gave him their loyalty and support. He was, pure and simple, and American..." He was controversial in his time—and even more controversial in our own. Indian fighter, ardent patriot, hero of the War of 1812, the very embodiment of America’s democratic and frontier spirit, Andrew Jackson was an iconic figure. Today, Jackson is criticized and reviled – condemned as a slave-owner, repudiated as the president who dispatched the Indians down the “Trail of Tears,” dropped with embarrassment by the Democratic Party, and demanded by many to be removed from the twenty-dollar bill. Who is the real Andrew Jackson? The beloved Old Hickory whom Americans once revered? Or the villain who has become a prime target of the Social Justice Warriors? Using letters, diaries, newspaper columns, and notes, historian Bradley Birzer provides a fresh and enlightening perspective on Jackson —unvarnished, true to history, revealing why President Donald Trump sees Andrew Jackson as a political role model, and illustrating the strong parallels between the anxieties of Jacksonian America and the anxieties of the "Hillbilly Elegy" voting bloc of today. In this brilliant new book, Bradley Birzer makes the case that Jackson was… The epitome of the American frontier republican. Passionately devoted to individual liberty. A staunch proponent of Christian morality. Not only dedicated but also vital to the preservation of the Union. A significant and influential role model to President Donald J. Trump. In Defense of Andrew Jackson sets the record straight on our seventh president, revealing a radically new but historically accurate perspective on Jackson. “I’m not an Andrew Jackson fan, but I’m definitely a Bradley Birzer fan. His case for Old Hickory is as strong as any I’ve seen and deserves to be reckoned with.”- THOMAS E. WOODS JR., author of The Politically Incorrect Guide to American History. “Most discussion of Andrew Jackson falls into predictable ruts, defaulting automatically to clichés that reflect more on our own time than his. Whether America is entering another ‘Jacksonian’ period depends upon understanding the first one more clearly, and we have Bradley Birzer to thank for taking up a spirited defense of this complicated man and his legacy.” - STEVEN F. HAYWARD, author of The Age of Reagan: The Conservative Counterrevolution 1980-1989. “Liberal revisionists have pounded Andrew Jackson down to the point where Democrats are ashamed to admit he founded their party. In Defense of Andrew Jackson sets the record straight on America’s first populist president.” - JAMES S. ROBBINS, author of Erasing America: Losing Our Future by Destroying Our Past. “As a man and a military hero, Andrew Jackson is as American as they come. But in this timely biography, Bradley Birzer has managed to peel back layers of cliché and reveal our seventh president as a more complex human being than current textbooks allow.” - GLEAVES WHITNEY, director of Grand Valley State University’s Hauenstein Center for Presidential Studies.

The American Republic

The American Republic
Author: Bruce Frohnen
Publisher:
Total Pages: 724
Release: 2002
Genre: History
ISBN: 9780865973336

Many reference works offer compilations of critical documents covering individual liberty, local autonomy, constitutional order, and other issues that helped to shape the American political tradition. Yet few of those works are available in a form suitable for classroom use, and traditional textbooks give short shrift to these important issues. The American Republic overcomes that knowledge gap by providing, in a single volume, critical, original documents revealing the character of American discourse on the nature and importance of local government, the purposes of federal union, and the role of religion and tradition in forming America’s drive for liberty. The American Republic is divided into nine sections, each illustrating major philosophical, cultural, and policy positions at issue during crucial eras of American development. Readers will find documentary evidence of the purposes behind European settlement, American response to English acts, the pervasive role of religion in early American public life, and perspectives in the debate over independence. Subsequent chapters examine the roots of American constitutionalism, Federalist and Anti-Federalist arguments concerning the need to protect common law rights, and the debates over whether the states or the federal government held final authority in determining the course of public policy in America. Also included are the discussions regarding disagreements over internal improvements and other federal measures aimed at binding the nation, particularly in the area of commerce. The final section focuses on the political, cultural, and legal issues leading to the Civil War. Arguments and attempted compromises regarding slavery, along with laws that helped shape slavery, are highlighted. The volume ends with the prelude to the Civil War, a natural stopping-off point for studies of early American history. By bringing together key original documents and other writings that explain cultural, religious, and historical concerns, this volume gives students, teachers, and general readers an effective way to begin examining the diversity of issues and influences that characterize American history. The result unquestionably leads to a deeper and more thorough understanding of America's political, institutional, and cultural continuity and change. Bruce P. Frohnen is Associate Professor of Law at Ohio Northern University College of Law. He holds a J.D. from the Emory University School of Law and a Ph.D. in Government from Cornell University. Click here to print or download The American Republic index.

Plain, Honest Men

Plain, Honest Men
Author: Richard Beeman
Publisher: Random House Trade Paperbacks
Total Pages: 546
Release: 2010-02-09
Genre: History
ISBN: 0812976843

In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of the debate and the characters of the men who labored that historic summer. Virtually all of the issues in dispute—the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery—have continued to provoke conflict throughout our nation's history. This unprecedented book takes readers behind the scenes to show how the world's most enduring constitution was forged through conflict, compromise, and fragile consensus. As Gouverneur Morris, delegate of Pennsylvania, noted: "While some have boasted it as a work from Heaven, others have given it a less righteous origin. I have many reasons to believe that it is the work of plain, honest men."

A More Perfect Union

A More Perfect Union
Author: United States. National Archives and Records Service
Publisher:
Total Pages: 0
Release: 1978
Genre: Constitutional history
ISBN: 9780911333244