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Criminal Dissent
The prosecution of dissent under the Alien and Sedition Acts affected far more people than previously realized. It also provoked the first battle over the Bill of Rights. Wendell Bird provides the definitive account of a dark moment in U.S. history, reminding us that expressive freedom and opposition politics are essential to a stable democracy.
Aggressive Nationalism
McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by the greatest Chief Justice, in which he declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Although it is now recognized as the foundational statement for a strong and active federal government, the immediate impact of the ruling was short-lived and widely criticized. Placing the decision and the public reaction to it in their proper historical context, Richard E. Ellis finds that Maryland, t...
Democracies and the Shock of War
Over the course of the twentieth century, democracies demonstrated an uncanny ability to win wars when their survival was at stake. As this book makes clear, this success cannot be explained merely by superior military equipment or a particular geographical advantage. Instead, it is argued that the legal frameworks imbedded in democratic societies offered them a fundamental advantage over their more politically restricted rivals. For democracies fight wars aided by codes of behaviour shaped by their laws, customs and treaties that reflect the wider values of their society. This means that voters and the public can influence the decision to wage and sustain war. Thus, a precarious balance bet...
The Federal Principle in American Politics, 1790-1833
In the early republic, constitutional debates over federal-state relations were fundamental to party battles and divergent conceptions of republicanism. Then, as now, theories about the sources and nature of federal power informed public debate, policy, and judicial decisions. In examining the conflicts of the revolutionary era, Lenner's work provides a ground-breaking overview of the 'culture of constitutionalism'--the clash of ideas about the nature and structure of Union--that pervaded the early republic.
The Revolution in Freedoms of Press and Speech
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This...
John Marshall and the Heroic Age of the Supreme Court
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
Originalism, Federalism, and the American Constitutional Enterprise
In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true" nature of American federalism, Purcell contends, nor was there a consensus on "correct" lines dividing state and national authority. Furthermore, even had there been some true "origi...
The Soviet Union
The Soviet Union is often characterised as nominally a federation, but really an empire, liable to break up when individual federal units, which were allegedly really subordinate colonial units, sought independence. This book questions this interpretation, revisiting the theory of federation, and discussing actual examples of federations such as the United States, arguing that many federal unions, including the United States, are really centralised polities. It also discusses the nature of empires, nations and how they relate to nation states and empires, and the right of secession, highlighting the importance of the fact that this was written in to the Soviet constitution. It examines the attitude of successive Soviet leaders towards nationalities, and the changing attitudes of nationalists towards the Soviet Union. Overall, it demonstrates that the Soviet attitude to nationalities and federal units was complicated, wrestling, in a similar way to many other states, with difficult questions of how ethno-cultural justice can best be delivered in a political unit which is bigger than the national state.
Negotiated Empires
In this innovative volume, leading historians of the early modern Americas examine the subjects of early modern, continuing colonization, and the relations between established colonies and frontiers of settlement. Their original essays about centers and peripheries in Spanish, Portuguese, French, Dutch, and British America invite comparison.
The Papers of John Marshall
This twelfth volume of The Papers of John Marshall concludes the first scholarly annotated edition of the correspondence and papers of the great statesman and jurist. In providing an accessible documentary record of Marshall's life and legal career, this collection has become an invaluable scholarly resource for the study of American law and the Constitution in their formative stages. Volume XII covers the final years of Marshall's life, from January 1831 to his death in July 1835. It also includes an addendum of documents (mostly letters) from 1783 to 1829 that came to light after publication of their appropriate chronological volumes. More of Marshall's correspondence survives from his las...
