The American Revolution State Sovereignty And The American Constitutional Settlement 1765 1800
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Author | : Aaron N. Coleman |
Publisher | : Lexington Books |
Total Pages | : 273 |
Release | : 2016-03-04 |
Genre | : History |
ISBN | : 1498500633 |
Tracing the political, ideological, and constitutional arguments from the imperial crisis with Britain and the drafting of the Articles of Confederation to the ratification of the Constitution and the political conflict between Federalists and Jeffersonians, The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800 reveals the largely forgotten importance of state sovereignty to American constitutionalism. Contrary to modern popular perceptions and works by other academics, the Founding Fathers did not establish a constitutional system based upon a national popular sovereignty nor a powerful national government designed to fulfill a grand philosophical purpose. Instead, most Americans throughout the period maintained that a constitutional order based upon the sovereignty of states best protected and preserved liberty. Enshrining their preference for state sovereignty in Article II of the Articles of Confederation and in the Tenth and Eleventh Amendments to the federal constitution, Americans also claimed that state interposition—the idea that the states should intervene against any perceived threats to liberty posed by centralization—was an established and accepted element of state sovereignty.
Author | : Aaron N. Coleman |
Publisher | : |
Total Pages | : 294 |
Release | : 2017-07-15 |
Genre | : Constitutional history |
ISBN | : 9781498500647 |
This book examines the ideological political contexts of the Founding era from the drafting of the Articles of Confederation to the ratification of the Constitution and the Federalist-Jeffersonian political conflict. The author highlights the constitutional and theoretical importance of state sovereignty during the Revolutionary period.
Author | : Elizabeth Maddock Dillon |
Publisher | : University of Pennsylvania Press |
Total Pages | : 432 |
Release | : 2016-05-30 |
Genre | : History |
ISBN | : 0812248198 |
Chapter 15. The "Alpha and Omega" of Haitian Literature: Baron de Vastey and the U.S. Audience of Haitian Political Writing, 1807-1825 -- Epilogue. Two Archives and the Idea of Haiti
Author | : Gordon S. Wood |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2021 |
Genre | : History |
ISBN | : 0197546919 |
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.
Author | : Merrill Jensen |
Publisher | : Univ of Wisconsin Press |
Total Pages | : 318 |
Release | : 1940 |
Genre | : History |
ISBN | : 9780299002046 |
"Here is a book which deals with clashes between economic and political factors in the American Revolution as realistically as if its author were dealing with a presidential election."--Social Studies "An admirable analysis. It presents, in succinct form, the results of a generation of study of this chapter of our history and summarizes fairly the conclusions of that study."--Henry Steele Commager, New York Times Book Review
Author | : Sean Beienburg |
Publisher | : University of Chicago Press |
Total Pages | : 333 |
Release | : 2019-06-27 |
Genre | : History |
ISBN | : 022663227X |
Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.
Author | : Jeff Broadwater |
Publisher | : UNC Press Books |
Total Pages | : 293 |
Release | : 2019-03-27 |
Genre | : History |
ISBN | : 1469651025 |
Thomas Jefferson, author of the Declaration of Independence, and James Madison, "Father of the Constitution," were two of the most important Founders of the United States as well as the closest of political allies. Yet historians have often seen a tension between the idealistic rhetoric of the Declaration and the more pedestrian language of the Constitution. Moreover, to some, the adoption of the Constitution represented a repudiation of the democratic values of the Revolution. In this book, Jeff Broadwater explores the evolution of the constitutional thought of these two seminal American figures, from the beginning of the American Revolution through the adoption of the Bill of Rights. In explaining how the two political compatriots could have produced such seemingly dissimilar documents but then come to a common constitutional ground, Broadwater reveals how their collaboration--and their disagreements--influenced the full range of constitutional questions during this early period of the American republic.
Author | : Michael Schwarz |
Publisher | : Lexington Books |
Total Pages | : 145 |
Release | : 2017-05-30 |
Genre | : History |
ISBN | : 1498507417 |
In the aftermath of the American Revolution, the friendship between Virginians Thomas Jefferson and James Madison became one of the most important political collaborations in American history. This study examines the origins and evolution of their partnership, placing it within the context of US–British relations following the Revolution and analyzing how their relationship affected early republican politics.
Author | : Jeff Broadwater |
Publisher | : UNC Press Books |
Total Pages | : 321 |
Release | : 2019-03-27 |
Genre | : History |
ISBN | : 1469651211 |
This collection of essays profiles a diverse array of North Carolinians, all of whom had a hand in the founding of the state and the United States of America. It includes stories of how men who stood together to fight the British soon chose opposing sides in political debates over the ratification of the supreme law of the land, the Constitution. It also includes accounts of women, freedmen, and Native Americans, whose narratives shed light on the important roles of marginalized peoples in the Revolutionary South. Together, the essays reveal the philosophical views and ideology of North Carolina's revolutionaries. Contributors: Jeff Broadwater, Jennifer Davis-Doyle, Lloyd Johnson, Benjamin R. Justesen, Troy L. Kickler, Scott King-Owen, James MacDonald, Maggie Hartley Mitchell, Karl Rodabaugh, Kyle Scott, Jason Stroud, Michael Toomey, and Willis P. Whichard.
Author | : Peter Radan |
Publisher | : University Press of Kansas |
Total Pages | : 452 |
Release | : 2023-10-27 |
Genre | : Law |
ISBN | : 0700635807 |
In Texas v. White (1869), the Supreme Court ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created “an indestructible Union, composed of indestructible States.” The Court ruled “there was no place for reconsideration, or revocation, except through revolution, or through consent of the States.” In his iconoclastic work, Peter Radan demonstrates why the Court’s ruling was wrong and why, on the basis of American constitutional law in 1860–1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a “slaveholders’ Union. Creating a More Perfect Slaveholders’ Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to—namely, a system of human enslavement—had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders’ Union. Creating a More Perfect Slaveholders’ Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860–1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.