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Creating A More Perfect Slaveholders' Union - Slavery, The Constitution, And Secession In Antebellum America

by Peter Radan

~~79,49€~~ 71,54€ 10% OFF

 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.This book will be made open access within three years of publication thanks to Path to Open, a program developed in partnership between JSTOR, the American Council of Learned Societies (ACLS), University of Michigan Press, and The University of North Carolina Press to bring about equitable access and impact for the entire scholarly community, including authors, researchers, libraries, and university presses around the world. Learn more at https://about.jstor.org/path-to-open/
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Punish Treason, Reward Loyalty - The Forgotten Goals Of Constitutional Reform After The Civil War

by Mark A. Graber

~~14,40€~~ 12,96€ 10% OFF

 In contemporary constitutional politics, Section 1 of the Fourteenth Amendment—which includes the citizenship, privileges and immunities, due process, and equal protection clauses—is the star of the show. But this was not the focus for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections 2, 3, and 4. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing “rebel rule” by punishing treason and rewarding loyalty, particularly the loyalty of white men who remained faithful to the Union during the Civil War.In this first of three planned volumes for the University Press of Kansas’s Constitutional Thinking series, Mark A. Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction.In Punish Treason, Reward Loyalty, Graber breaks new ground researching Reconstruction, the Fourteenth Amendment, and constitutionalism by highlighting the importance of Sections 2, 3, and 4 to the representatives in the Thirty-Ninth Congress and their relative indifference to Section 1. His work underscores the importance and impact that legislative primacy and partisan supremacy had to Republican constitutional thinking about constitutional authority immediately after the Civil War.Centered on Reconstruction and constitutional reform, Graber shows anew the Republican effort to prevent rebel rule by empowering and protecting loyalty.
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Lincoln And Democratic Statesmanship

33,11€ + 10% CARD

 Considers Lincoln's democratic and rhetorical statesmanship, drawing comparisons with his contemporaries Henry Clay and Stephen Douglas or even such a distant forerunner as Pericles. This volume renders a nuanced, deeply informed judgment on what distinguishes Lincoln as a statesman, and what distinguishes a statesman from a politician.
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States Of Union - Family And Change In The American Constitutional Order

by Mark E. Brandon

61,61€ + 10% CARD

 "In two canonical decisions of the 1920s--Meyer v. Nebraska and Pierce v. Society of Sisters--the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution's protective umbrella. Since then, proponents of "family values" have claimed that a timeless form of family--nuclear and biological--is crucial to the constitutional order. Mark Brandon's new book, however, challenges these claims. Brandon addresses debates currently roiling America--the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the "constitutional" law of family has much deeper roots. Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing--especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households. Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court's famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life. More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. States of Union is a groundbreaking volume that explains how family came to be "in" the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families"--
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Repugnant Laws - Judicial Review Of Acts Of Congress From The Founding To The Present

by Keith E. Whittington

39,09€ + 10% CARD

 In a polarized time of partisan fervor, the US Supreme Court's routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or ""legislating from the bench"". But is this really the case? Keith Whittington asks in this volume, a first-of-its-kind history of judicial review.
ENGLISH

Nullification And Secession In Modern Constitutional Thought

39,09€ + 10% CARD

 The spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means is the question explored in this volume. The book offers a variety of informed perspectives â€œneo-nullificationâ€, a category that extends from formal declarations on the invalidity of federal law to what might be called â€œuncooperative federalismâ€.
ENGLISH

Broken Trust - Dysfunctional Government And Constitutional Reform

by Stephen M. Griffin

56,31€ + 10% CARD

 This book makes the case for constitutional reform in a new and original way. It shows how our dysfunctional government and recent policy disasters have been caused by persistent low trust in government within a deeply flawed constitutional order.
ENGLISH

Constitutional Failure

by Sotirios Barber

56,31€ + 10% CARD

 A critical analysis of the historical and contemporary failures of the US Constitution, and, carefully balanced guidance on the paths to reform and constitutional success.
ENGLISH

Peopling The Constitution

by John E. Finn

61,61€ + 10% CARD

 The U. S. Constitution begins with the soaring words "We the People," but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning.This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This "Civic Constitution" constitutes us as a civic body politic, transforming "the people" into a singular political entity. Juxtaposing this view with the legal model, the "Juridic Constitution," John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation.Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn’s telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn’s book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution.
ENGLISH

Nullification And Secession In Modern Constitutional Thought

39,19€ + 10% CARD

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 The spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means is the question explored in this volume. The book offers a variety of informed perspectives â€œneo-nullificationâ€, a category that extends from formal declarations on the invalidity of federal law to what might be called â€œuncooperative federalismâ€.
ENGLISH

America'S Founding And The Struggle Over Economic Inequality

by Clement Fatovic

61,61€ + 10% CARD

 This book examines understandings of the government s role in addressing economic inequality during the American Founding. For many Founders, including Thomas Jefferson, Thomas Paine, and Noah Webster, preventing or minimizing economic disparities was considered essential to the preservation of freedom and self-government."
ENGLISH

Red, White, And Blue - A Critical Analysis Of Constitutional Law

by Mark V. Tushnet

39,09€ + 10% CARD

 Examines the major approaches to constitutional interpretation developed in the late twentieth century. Though interpretive theories purport to constrain judges in a disciplined way, none actually can do so. An Afterword brings the story up to the present, without altering its conclusion, that "Critique is all there is."
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Understanding Clarence Thomas - The Jurisprudence Of Constitutional Restoration

by Ralph A. Rossum

64,89€ + 10% CARD

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 The first thorough, well-documented, and fair-minded evaluation of Justice Thomas's 500 written opinions during 25 years on the Supreme Court, and, the most complete examination of his consistent original general meaning approach to constitutional interpretation.
ENGLISH

A Nation So Conceived - Abraham Lincoln And The Paradox Of Democratic Sovereignty

by Michael P. Zuckert

OUT OF STOCK OR NOT AVAILABLE
ENGLISH

The Constitution Of Conflict - How The Supreme Court Undermines The Separation Of Powers

by Thomas Bell

~~62,19€~~ 55,97€ 10% OFF

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Punish Treason, Reward Loyalty - The Forgotten Goals Of Constitutional Reform After The Civil War. Volume 1: The Forgotten Fourteenth Amendment

by Mark A. Graber

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ENGLISH

Punish Treason, Reward Loyalty - The Forgotten Goals Of Constitutional Reform After The Civil War

by Mark A. Graber

OUT OF STOCK OR NOT AVAILABLE

 In this first of three planned volumes for the University Press of Kansasâ€™s Constitutional Thinking series, Mark Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction.
ENGLISH

Progressive States' Rights - The Forgotten History Of Federalism

by Sean Beienburg

OUT OF STOCK OR NOT AVAILABLE

 Explores statesâ€™ efforts in the years before the New Deal to shape constitutional discourse to ensure that a protective welfare and regulatory governmental regime would be built in the states rather than the national government.
ENGLISH

Railroads And American Political Development - Infrastructure, Federalism, And State Building

by Zachary Callen

55,30€

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 Tells the story of the US government's role in developing a national rail system - and the rail system's role in expanding the power of the federal government. The book reveals how state building, so often attributed to an aggressive national government, can also result from local governments making demands on the national state-a dynamic that can still be seen at work.
ENGLISH

Nullification And Secession In Modern Constitutional Thought

96,56€

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 The spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means is the question explored in this volume. The book offers a variety of informed perspectives â€œneo-nullificationâ€, a category that extends from formal declarations on the invalidity of federal law to what might be called â€œuncooperative federalismâ€.
ENGLISH

The Modern Mamil (Middle-Aged Man In Lycra) - A Cyclist'S Journal

by Joel Rickett e Spencer Wilson

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 The Modern MAMIL - a cyclist's Journal can be used as a training log, a place to record race dates, targets and route notes.
ENGLISH

Americaâ€™S Founding And The Struggle Over Economic Inequality

by Clement Fatovic

OUT OF STOCK OR NOT AVAILABLE

 This book examines understandings of the government s role in addressing economic inequality during the American Founding. For many Founders, including Thomas Jefferson, Thomas Paine, and Noah Webster, preventing or minimizing economic disparities was considered essential to the preservation of freedom and self-government."
ENGLISH

Broken Trust - Dysfunctional Government And Constitutional Reform

by Stephen M. Griffin

55,30€

free shipping

OUT OF STOCK OR NOT AVAILABLE

 This book makes the case for constitutional reform in a new and original way. It shows how our dysfunctional government and recent policy disasters have been caused by persistent low trust in government within a deeply flawed constitutional order.
ENGLISH

Red, White, And Blue - A Critical Analysis Of Constitutional Law

by Mark Tushnet

42,43€

free shipping

OUT OF STOCK OR NOT AVAILABLE

 Examines the major approaches to constitutional interpretation developed in the late twentieth century. Though interpretive theories purport to constrain judges in a disciplined way, none actually can do so. An Afterword brings the story up to the present, without altering its conclusion, that "Critique is all there is."
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