The Constitution After Scott
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Author | : Adam Tomkins |
Publisher | : Oxford University Press |
Total Pages | : 300 |
Release | : 1998 |
Genre | : History |
ISBN | : 9780198262909 |
This book provides a thorough and authoritative account of the constitutional implications of the Scott report. It is the only book-length treatment of this pivotal Report. The Scott report was established by John Major in 1992 to look into British government policy during the 1980s with regard to trade (including the arms trade) with Iraq and to establish whether the Government had lied to Parliament about its policy. Scott also investigated a number of high-profile and controversial criminal prosecutions which the government brought against several companies that were accused of illegally exporting "defence equipment" to Iraq. All of these cases failed. This book does more than merely relate the Scott story. It offers a full analysis of what the report means for the future of constitutional government, and constitutional reform, in Britain. Issues of lying to Parliament and ministerial responsibility; of the regulation and control of the civil service; and of open government and freedom of information are all reappraised in the light of Scott's discoveries. Central questions of secret intelligence and troublesome "public interest immunity certificates" are also considered. Unusually for a political scandal, Scott was not an exclusively national affair affecting only one country. There was a little-known equivalent to the Scott inquiry in the USA, and the lessons of the US experience are also discussed here - for the first time in Britain.
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.
Author | : Roger Brooke Taney |
Publisher | : Legare Street Press |
Total Pages | : 0 |
Release | : 2022-10-27 |
Genre | : History |
ISBN | : 9781017251265 |
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Author | : Eric Foner |
Publisher | : W. W. Norton & Company |
Total Pages | : 228 |
Release | : 2019-09-17 |
Genre | : History |
ISBN | : 0393652580 |
“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
Author | : Scott GORDON |
Publisher | : Harvard University Press |
Total Pages | : 408 |
Release | : 2009-06-30 |
Genre | : Political Science |
ISBN | : 0674037839 |
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
Author | : Noah Feldman |
Publisher | : Farrar, Straus and Giroux |
Total Pages | : 236 |
Release | : 2021-11-02 |
Genre | : History |
ISBN | : 0374720878 |
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Author | : Earl M. Maltz |
Publisher | : |
Total Pages | : 200 |
Release | : 2007 |
Genre | : History |
ISBN | : |
Closely examines on of the Supreme Court's most infamous decisions: that went far beyond one slave's suit for "freeman" status by declaring that ALL blacks--freemen as well as slaves--were not, and never could become, U.S. citizens, bringing an end to the 1820 Missouri Compromise, while also resulting in the outrage that led to the Civil War.
Author | : Michael F. Conlin |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2019-07-18 |
Genre | : History |
ISBN | : 1108495273 |
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Author | : Don Edward Fehrenbacher |
Publisher | : |
Total Pages | : 802 |
Release | : 1978 |
Genre | : History |
ISBN | : |
Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.
Author | : David P. Currie |
Publisher | : University of Chicago Press |
Total Pages | : 518 |
Release | : 1992-09 |
Genre | : Law |
ISBN | : 0226131092 |
Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary