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American Sovereigns
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.
American Sovereigns
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.
An Aristocracy of Color
In the South after the Civil War, the reassertion of white supremacy tended to pit white against black. In the West, by contrast, a radically different drama emerged, particularly in multiracial, multiethnic California. State elections in California to ratify Reconstruction-era amendments to the U.S. Constitution raised the question of whether extending suffrage to black Californians might also lead to the political participation of thousands of Chinese immigrants. As historian D. Michael Bottoms shows in An Aristocracy of Color, many white Californians saw in this and other Reconstruction legislation a threat to the fragile racial hierarchy they had imposed on the state’s legal system dur...
Law in the West
This anthology examines Love's Labours Lost from a variety of perspectives and through a wide range of materials. Selections discuss the play in terms of historical context, dating, and sources; character analysis; comic elements and verbal conceits; evidence of authorship; performance analysis; and feminist interpretations. Alongside theater reviews, production photographs, and critical commentary, the volume also includes essays written by practicing theater artists who have worked on the play. An index by name, literary work, and concept rounds out this valuable resource.
The Law of American State Constitutions
The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decisio...
For the People
For the People offers a new interpretation of populist political movements from the Revolution to the eve of the Civil War and roots them in the disconnect between the theory of rule by the people and the reality of rule by elected representatives. Ron Formisano seeks to rescue populist movements from the distortions of contemporary opponents as well as the misunderstandings of later historians. From the Anti-Federalists to the Know-Nothings, Formisano traces the movements chronologically, contextualizing them and demonstrating the progression of ideas and movements. Although American populist movements have typically been categorized as either progressive or reactionary, left-leaning or right-leaning, Formisano argues that most populist movements exhibit liberal and illiberal tendencies simultaneously. Gendered notions of "manhood" are an enduring feature, yet women have been intimately involved in nearly every populist insurgency. By considering these movements together, Formisano identifies commonalities that belie the pattern of historical polarization and bring populist movements from the margins to the core of American history.
Constitutional Inquisitors
The evolution of the federal prosecutor's role from a pragmatic necessity to a significant political figure. In the United States, federal prosecutors enjoy a degree of power unmatched elsewhere in the world. They are free to investigate and prosecute—or decline to prosecute—criminal cases without significant oversight. And yet, no statute grants them these powers; their role is not mentioned in the Constitution. How did they obtain this power, and are they truly independent from the political process? In Constitutional Inquisitors, Scott Ingram answers these questions by tracing the origins and development of federal criminal law enforcement. In the first book to examine the development...
Leadership on the Federal Bench
Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein considers the ways a particularly gifted federal judge seized the opportunities available to district judges to influence the results of the cases before him, and employed the tools available to him to make policy having a national impact. In the book, author Jeffrey Morris considers the ways in which the judge, Jack Weinstein of the Eastern District of New York, has been limited by his position. This book adds to the slim literature about the policy-making role of district judges applying the work of legal historians, political scientists and those trained in the law. Focusing upon an admitted judicial activist - perh...
Originalism in Theology and Law
In the study of American law, originalism is primarily a theory about the meaning of the Constitution—that its meaning can only change when its words change. Originalism also appears in biblical theology as a theory on the meaning of the Bible—that its meaning is that intended by the original authors. Originalism in Theology and Law: Comparing Perspectives on the Bible and the Constitution offers a study of originalism in both the Bible and the Constitution. While there are significant connections between originalism as a theory of biblical interpretation and as Constitutional interpretation, there are also differences in the type of text as well as its purpose, function, origins, or authority, which may affect which nuanced version of originalism best fits a particular text, or the best method of interpreting it.
The People's Martyr
In 1840s Rhode Island, the state’s seventeenth-century colonial charter remained in force and restricted suffrage to property owners, effectively disenfranchising 60 percent of potential voters. Thomas Wilson Dorr’s failed attempt to rectify that situation through constitutional reform ultimately led to an armed insurrection that was quickly quashed—and to a stiff sentence for Dorr himself. Nevertheless, as Erik Chaput shows, the Dorr Rebellion stands as a critical moment of American history during the two decades of fractious sectional politics leading up to the Civil War. This uprising was the only revolutionary republican movement in the antebellum period that claimed the people’s...
