The Revolutionary Constitution
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Author | : David J. Bodenhamer |
Publisher | : Oxford University Press |
Total Pages | : 292 |
Release | : 2012-02-01 |
Genre | : History |
ISBN | : 019991303X |
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.
Author | : Bruce Ackerman |
Publisher | : Harvard University Press |
Total Pages | : 473 |
Release | : 2019-05-13 |
Genre | : Political Science |
ISBN | : 0674238842 |
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
Author | : David J. Bodenhamer |
Publisher | : Oxford University Press |
Total Pages | : 168 |
Release | : 2018 |
Genre | : History |
ISBN | : 0195378326 |
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.
Author | : Daniel J. Hulsebosch |
Publisher | : Univ of North Carolina Press |
Total Pages | : 505 |
Release | : 2006-05-18 |
Genre | : Law |
ISBN | : 0807876879 |
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
Author | : Gary Jeffrey Jacobsohn |
Publisher | : Yale University Press |
Total Pages | : 382 |
Release | : 2020-05-19 |
Genre | : Political Science |
ISBN | : 0300231024 |
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The "moment" may have been under way for decades--or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
Author | : Douglas Bradburn |
Publisher | : University of Virginia Press |
Total Pages | : 348 |
Release | : 2022-03-31 |
Genre | : History |
ISBN | : 081394743X |
The "Critical Period" of American history—the years between the end of the American Revolution in 1783 and the ratification of the U.S. Constitution in 1789—was either the best of times or the worst of times. While some historians have celebrated the achievement of the Constitutional Convention, which, according to them, saved the Revolution, others have bemoaned that the Constitution’s framers destroyed the liberating tendencies of the Revolution, betrayed debtors, made a bargain with slavery, and handed the country over to the wealthy. This era—what John Fiske introduced in 1880 as America’s "Critical Period"—has rarely been separated from the U.S. Constitution and is therefore long overdue for a reevaluation on its own terms. How did the pre-Constitution, postindependence United States work? What were the possibilities, the tremendous opportunities for "future welfare or misery for mankind," in Fiske’s words, that were up for grabs in those years? The scholars in this volume pursue these questions in earnest, highlighting how the pivotal decade of the 1780s was critical or not, and for whom, in the newly independent United States. As the United States is experiencing another, ongoing crisis of governance, reexamining the various ways in which elites and common Americans alike imagined and constructed their new nation offers fresh insights into matters—from national identity and the place of slavery in a republic, to international commerce, to the very meaning of democracy—whose legacies reverberated through the nineteenth and twentieth centuries and into the present day. Contributors:Kevin Butterfield, Fred W. Smith National Library for the Study of George Washington at Mount Vernon * Hannah Farber, Columbia University * Johann N. Neem, Western Washington University * Dael A. Norwood, University of Delaware * Susan Gaunt Stearns, University of Mississippi * Nicholas P. Wood, Spring Hill College
Author | : Jack P. Greene |
Publisher | : Cambridge University Press |
Total Pages | : 223 |
Release | : 2010-10-25 |
Genre | : History |
ISBN | : 1139492934 |
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.
Author | : Michael J. Klarman |
Publisher | : Oxford University Press |
Total Pages | : 881 |
Release | : 2016-09-16 |
Genre | : History |
ISBN | : 0199942048 |
Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.
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 | : Revolutionary Communist Party, USA. |
Publisher | : RCP Publications (IL) |
Total Pages | : 91 |
Release | : 2010-10 |
Genre | : Political Science |
ISBN | : 9780898510072 |
This Constitution is written with the future in mind. It is intended to set forth a basic model, and fundamental principles and guidelines, for the nature and functioning of a vastly different society and government than now exists: a socialist state which would embody, institutionalize and promote radically different relations and values among people; a socialist state whose fundamental aim, together with revolutionary struggle throughout the world, would be the emancipation of humanity as a whole. Original.