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Sectional Crisis and Southern Constitutionalism

Sectional Crisis and Southern Constitutionalism
Author: Don Edward Fehrenbacher
Publisher:
Total Pages: 200
Release: 1995
Genre: History
ISBN: 9780807120361

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Historian and scholar Lukacs addresses topics including the real role of the Hungarian emigration, its place in the history of Hungary, and the emigration's international political aims, successes, and failures. Distributed by ISBS. Annotation copyright by Book News, Inc., Portland, OR


The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution

The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution
Author: James Oakes
Publisher: W. W. Norton & Company
Total Pages: 288
Release: 2021-01-12
Genre: History
ISBN: 1324005866

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Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.


American Sovereigns

American Sovereigns
Author: Christian G. Fritz
Publisher: Cambridge University Press
Total Pages:
Release: 2007-10-29
Genre: History
ISBN: 9781139467179

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American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.


Framing the Solid South

Framing the Solid South
Author: Paul E. Herron
Publisher: University Press of Kansas
Total Pages: 376
Release: 2017-06-02
Genre: Political Science
ISBN: 0700624376

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The South was not always the South. In the eighteenth and early nineteenth centuries, those below the Potomac River, for all their cultural and economic similarities, did not hold a separate political identity. How this changed, and how the South came to be a political entity that coheres to this day, emerges clearly in this book—the first comprehensive account of the Civil War Era and late nineteenth century state constitutional conventions that forever transformed southern politics. From 1860 to the turn of the twentieth century, southerners in eleven states gathered forty-four times to revise their constitutions. Framing the Solid South traces the consolidation of the southern states through these conventions in three waves of development: Secession, Reconstruction, and Redemption. Secession conventions, Paul Herron finds, did much more than dissolve the Union; they acted in concert to raise armies, write law, elect delegates to write a Confederate Constitution, ratify that constitution, and rewrite state constitutions. During Reconstruction, the national government forced the southern states to write and rewrite constitutions to permit re-entry into the Union—recognizing federal supremacy, granting voting rights to African Americans, enshrining a right to public education, and opening the political system to broader participation. Black southerners were essential participants in democratizing the region and reconsidering the nature of federalism in light of the devastation brought by proponents of states’ rights and sovereignty. Many of the changes by the postwar conventions, Herron shows, were undermined if not outright abolished in the following period, as “Redeemers” enshrined a system of weak states, the rule of a white elite, and the suppression of black rights. Southern constitution makers in all three waves were connected to each other and to previous conventions unlike any others in American history. These connections affected the content of the fundamental law and political development in the region. Southern politics, to an unusual degree, has been a product of the process Herron traces. What his book tells us about these constitutional conventions and the documents they produced is key to understanding southern history and the South today.


The Constitutional Origins of the American Civil War

The Constitutional Origins of the American Civil War
Author: Michael F. Conlin
Publisher: Cambridge University Press
Total Pages: 351
Release: 2019-07-18
Genre: History
ISBN: 1108495273

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Demonstrates the crucial role that the Constitution played in the coming of the Civil War.


Disenfranchising Democracy

Disenfranchising Democracy
Author: David A. Bateman
Publisher: Cambridge University Press
Total Pages: 369
Release: 2018-10-25
Genre: History
ISBN: 110847019X

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Disenfranchising Democracy examines the exclusions that accompany democratization and provides a theory of the expansion and restriction of voting rights.


Constitutions in Times of Financial Crisis

Constitutions in Times of Financial Crisis
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 342
Release: 2022-06-30
Genre: Law
ISBN: 9781108729208

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Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.


Understanding State Constitutions

Understanding State Constitutions
Author: G. Alan Tarr
Publisher: Princeton University Press
Total Pages: 261
Release: 2018-06-05
Genre: Law
ISBN: 0691188556

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For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salience at the national level: the distribution of power among groups and regions within states, the scope of state and local governmental authority, and the relation of the state to economic activity. He explains how state constitutions differ from the national Constitution in treating not only matters of high principle but also such mundane subjects as ski trails and motor vehicle revenues. He also explores why state constitutions, unlike their federal counterpart, have been so frequently amended and replaced. Tarr concludes that the United States not only has a system of dual constitutionalism but also has dual constitutional cultures. Powerfully argued and meticulously researched, the book fills an important gap in political and legal studies and finally gives state constitutions the scholarly attention they richly deserve.


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

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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.