The Birth of American Law

The Birth of American Law
Author: John D. Bessler
Publisher:
Total Pages: 0
Release: 2014
Genre: Capital punishment
ISBN: 9781611636048

The Birth of American Law: An Italian Philosopher and the American Revolution tells the forgotten, untold story of the origins of U.S. law. Before the Revolutionary War, a 26-year-old Italian thinker, Cesare Beccaria, published On Crimes and Punishments, a runaway bestseller that shaped the Declaration of Independence, the U.S. Constitution, and early American laws. America's Founding Fathers, including early U.S. Presidents, avidly read Beccaria's book--a product of the Italian Enlightenment that argued against tyranny and the death penalty. Beccaria's book shaped American views on everything from free speech to republicanism, to "Life, Liberty and the pursuit of Happiness," to gun ownership and the founders' understanding of "cruel and unusual punishments," the famous phrase in the U.S. Constitution's Eighth Amendment. In opposing torture and infamy, Beccaria inspired America's founders to jettison England's Bloody Code, heavily reliant on executions and corporal punishments, and to adopt the penitentiary system. The cast of characters in The Birth of American Law includes the usual suspects--George Washington, Thomas Jefferson, John Adams and James Madison. But it also includes the now little-remembered Count Luigi Castiglioni, a botanist from Milan who--decades before Alexis de Tocqueville's Democracy in America--toured all thirteen original American states before the 1787 Constitutional Convention in Philadelphia. Also figuring in this dramatic story of the American Revolution: Madison's Princeton classmate William Bradford, an early U.S. Attorney General and Beccaria devotee; John Dickinson, the "Penman of the Revolution" who wrote of Beccaria's "genius" and "masterly hand"; James Wilson and Dr. Benjamin Rush, signers of the Declaration of Independence and fellow Beccaria admirers; and Philip Mazzei, Jefferson's Italian-American neighbor at Monticello and yet another Beccaria enthusiast. In documenting Beccaria's game-changing influence, The Birth of American Law sheds important new light on the Constitution, the Bill of Rights, and the creation of American law. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law. The Birth of American Law was awarded the 2015 Scribes Book Award and the First Prize in the 2015 AAIS Book Award competition (in the 18th/19th century category). It was also named INDIEFAB's 2014 Gold Winner for History!

America's Constitution

America's Constitution
Author: Akhil Reed Amar
Publisher: Random House
Total Pages: 672
Release: 2012-02-29
Genre: History
ISBN: 1588364879

In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

A Sovereign People

A Sovereign People
Author: Carol Berkin
Publisher: Basic Books
Total Pages: 379
Release: 2017-05-02
Genre: History
ISBN: 0465094937

The momentous story of how George Washington, Alexander Hamilton, and John Adams navigated the crises of the 1790s and in the process bound the states into a unified nation Today the United States is the dominant power in world affairs, and that status seems assured. Yet in the decade following the ratification of the Constitution, the republic's existence was contingent and fragile, challenged by domestic rebellions, foreign interference, and the always-present danger of collapse into mob rule. Carol Berkin reveals that the nation survived almost entirely due to the actions of the Federalist leadership -- George Washington, Alexander Hamilton, and John Adams. Reacting to successive crises, they extended the power of the federal government and fended off foreign attempts to subvert American sovereignty. As Berkin argues, the result was a spike in nationalism, as ordinary citizens began to identify with their nation first, their home states second. While the Revolution freed the states and the Constitution linked them as never before, this landmark work shows that it was the Federalists who transformed the states into an enduring nation.

We Have Not a Government

We Have Not a Government
Author: George William Van Cleve
Publisher: University of Chicago Press
Total Pages: 411
Release: 2019-04-05
Genre: History
ISBN: 022664152X

In 1783, as the Revolutionary War came to a close, Alexander Hamilton resigned in disgust from the Continental Congress after it refused to consider a fundamental reform of the Articles of Confederation. Just four years later, that same government collapsed, and Congress grudgingly agreed to support the 1787 Philadelphia Constitutional Convention, which altered the Articles beyond recognition. What occurred during this remarkably brief interval to cause the Confederation to lose public confidence and inspire Americans to replace it with a dramatically more flexible and powerful government? We Have Not a Government is the story of this contentious moment in American history. In George William Van Cleve’s book, we encounter a sharply divided America. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It experienced punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement. And a deep, long-lasting recession led to sharp controversies and social unrest across the country amid roiling debates over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led previously conflicting states, sections, and interest groups to advocate for a union powerful enough to govern a continental empire. Touching on the stories of a wide-ranging cast of characters—including John Adams, Patrick Henry, Daniel Shays, George Washington, and Thayendanegea—Van Cleve makes clear that it was the Confederation’s failures that created a political crisis and led to the 1787 Constitution. Clearly argued and superbly written, We Have Not a Government is a must-read history of this crucial period in our nation’s early life.

A More Perfect Union

A More Perfect Union
Author:
Publisher: National Archives & Records Administration
Total Pages: 40
Release: 1986
Genre: Political Science
ISBN:

Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.

Miracle At Philadelphia

Miracle At Philadelphia
Author: Catherine Drinker Bowen
Publisher: Back Bay Books
Total Pages: 372
Release: 1986-09-30
Genre: Political Science
ISBN: 9780316103985

A classic history of the Federal Convention at Philadelphia in 1787, the stormy, dramatic session that produced the most enduring of political documents: the Constitution of the United States. From Catherine Drinker Bowen, noted American biographer and National Book Award winner, comes the canonical account of the Constitutional Convention recommended as "required reading for every American." Looked at straight from the records, the Federal Convention is startlingly fresh and new, and Mrs. Bowen evokes it as if the reader were actually there, mingling with the delegates, hearing their arguments, witnessing a dramatic moment in history. Here is the fascinating record of the hot, sultry summer months of debate and decision when ideas clashed and tempers flared. Here is the country as it was then, described by contemporaries, by Berkshire farmers in Massachusetts, by Patrick Henry's Kentucky allies, by French and English travelers. Here, too, are the offstage voices--Thomas Jefferson and Tom Paine and John Adams from Europe. In all, fifty-five men attended; and in spite of the heat, in spite of clashing interests--the big states against the little, the slave states against the anti-slave states--in tension and anxiety that mounted week after week, they wrote out a working plan of government and put their signatures to it.

We the People

We the People
Author: Peter Spier
Publisher: Dragonfly Books
Total Pages: 50
Release: 2020-05-05
Genre: Juvenile Nonfiction
ISBN: 0593128087

The US Constitution brought to life for young readers! In this visual celebration of the US Constitution and America's founding fathers, Caldecott Medalist Peter Spier tells the stirring American tale of how this most important document came to symbolize freedom, justice, equality, and hope for all citizens. This fact-filled volume includes: • An illustrated preamble to the Constitution, illuminating its signifcance from its birth through to modern times • The complete text of the Constitution • The fascinating history of the struggle to create and ratify the Constitution • A historical reproduction of the original document Full of illustrations that bring the Constitution to life, this is a must-have resource for every American classroom, library, and home. ★ “A joyful celebration of the people whose leaders created the Constitution.” —Booklist, starred review “A celebration of America’s diversity.” —Kirkus Reviews “Spier has created a tribute that can be appreciated in more than one sitting.” —Publishers Weekly

Unruly Americans and the Origins of the Constitution

Unruly Americans and the Origins of the Constitution
Author: Woody Holton
Publisher: Hill and Wang
Total Pages: 386
Release: 2008-10-14
Genre: History
ISBN: 1429923660

Average Americans Were the True Framers of the Constitution Woody Holton upends what we think we know of the Constitution's origins by telling the history of the average Americans who challenged the framers of the Constitution and forced on them the revisions that produced the document we now venerate. The framers who gathered in Philadelphia in 1787 were determined to reverse America's post–Revolutionary War slide into democracy. They believed too many middling Americans exercised too much influence over state and national policies. That the framers were only partially successful in curtailing citizen rights is due to the reaction, sometimes violent, of unruly average Americans. If not to protect civil liberties and the freedom of the people, what motivated the framers? In Unruly Americans and the Origins of the Constitution, Holton provides the startling discovery that the primary purpose of the Constitution was, simply put, to make America more attractive to investment. And the linchpin to that endeavor was taking power away from the states and ultimately away from the people. In an eye-opening interpretation of the Constitution, Holton captures how the same class of Americans that produced Shays's Rebellion in Massachusetts (and rebellions in damn near every other state) produced the Constitution we now revere. Unruly Americans and the Origins of the Constitution is a 2007 National Book Award Finalist for Nonfiction.

Dred Scott and the Problem of Constitutional Evil

Dred Scott and the Problem of Constitutional Evil
Author: Mark A. Graber
Publisher: Cambridge University Press
Total Pages: 300
Release: 2006-07-03
Genre: History
ISBN: 9781139457071

Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

The People’s Constitution

The People’s Constitution
Author: John F. Kowal
Publisher: The New Press
Total Pages: 493
Release: 2021-09-21
Genre: Law
ISBN: 1620975629

The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.