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The Constitutional Thought of Thomas Jefferson
In this comprehensive account of Jefferson's constitutional thought, David N. Mayer offers a fresh perspective on Jefferson's philosophy of government. Eschewing the "liberalism versus civic republicanism" debate that has so dominated early American scholarship in recent years, Mayer examines Jefferson's thought on Jefferson's own terms - as "whig", "federal", and "republican". In the interrelationships and tensions among these three essential aspects of Jefferson's theory, Mayer explains Jefferson's response to the particular constitutional issues and problems of his time. In contrast to other studies that view Jefferson as a champion of democracy, Mayer's book emphasizes Jefferson's commit...
Liberty of Contract
Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
Thomas Jefferson and Executive Power
By revisiting Thomas Jefferson's understanding of executive power this book offers a new understanding of the origins of presidential power. Before Jefferson was elected president, he arrived at a way to resolve the tension between constitutionalism and executive power. Because his solution would preserve a strict interpretation of the Constitution as well as transform the precedents left by his Federalist predecessors, it provided an alternative to Alexander Hamilton's understanding of executive power. In fact, a more thorough account of Jefferson's political career suggests that Jefferson envisioned an executive that was powerful, or 'energetic', because it would be more explicitly attached to the majority will. Jefferson's Revolution of 1800, often portrayed as a reversal of the strong presidency, was itself premised on energy in the executive and was part of Jefferson's project to enable the Constitution to survive and even flourish in a world governed by necessity.
God and the Founders
Did the Founding Fathers intend to build a 'wall of separation' between church and state? Are public Ten Commandments displays or the phrase 'under God' in the Pledge of Allegiance consistent with the Founders' understandings of religious freedom? In God and the Founders, Dr Vincent Phillip Muñoz answers these questions by providing comprehensive interpretations of James Madison, George Washington, and Thomas Jefferson. By analyzing Madison's, Washington's, and Jefferson's public documents, private writings, and political actions, Muñoz explains the Founders' competing church-state political philosophies. Muñoz explores how Madison, Washington, and Jefferson agreed and disagreed by showing how their different principles of religious freedom would decide the Supreme Court's most important First Amendment religion cases. God and the Founders answers the question, 'What would the Founders do?' for the most pressing church-state issues of our time, including prayer in public schools, government support of religion, and legal burdens on individuals' religious consciences.
Dutiful Correspondent
In a series of essays that examine Thomas Jefferson's own writings, Holowchak investigates the always profound and often provocative ideas of this founding father. Dutiful Correspondent explores Thomas Jefferson as a philosopher in his own right. Holowchak expands our view of Jefferson by examining his own words on issues such as race, politics, ethics, education, and the intersection of philosophy and science.
Thomas Jefferson's Military Academy
Although Jefferson feared the potential power of a standing army, the contributors point out he also contended that "whatever enables us to go to war, secures our peace." They take a broad view of Jeffersonian security policy, exploring the ways in which West Point bolstered America's defenses against foreign aggression and domestic threats to the ideals of the American Revolution." "Thomas Jefferson's Military Academy should appeal to scholars and general readers interested in military history and the founding generation."--BOOK JACKET.
Rethinking Thomas Jefferson’s Writings on Slavery and Race
Revisionism has been the historical vogue for well over two decades concerning Jeffersonian scholarship. This movement has been an attempt to neutralize the avowed “hagiographical” scholarship on Jefferson by aiming to offer an all-too-human Thomas Jefferson. The regrettable result has been a depiction, iterated and reiterated uncritically by scholars, of a less-than-human Jefferson, presenting him as an inveterate hypocrite and racist. Thus, Jeffersonian scholarship, as argued here, has become an exercise in useless, fatuous repetition of the same claims that has impeded attempts by serious scholars to gain fresh insights into the mind of one of the greatest Americans. This book offers a stimulating, provocative challenge to the stale revisionist claims on Jefferson concerning his hypocrisy and racism. It will appeal to mavens of Jefferson, as well as scholars intent on moving forward with Jeffersonian scholarship. The book will also appeal to those persons who believe it is time to resituate Jefferson on his little mountain.
The Presidency Then and Now
In The Presidency Then and Now, leading political scientists and historians assess the development of the presidency and its role in today's political landscape. The questions addressed in this wide-ranging volume include: How has the doctrine of separation of powers evolved? How have presidential campaigns and presidential oratory influenced the constitutional character of the institution? How does the scandal-driven press coverage of the post-Vietnam and post-Watergate presidency compare with the partisan press of the early republic? Among other topics, the contributors examine the early precedents and modern manifestations of the executive veto, executive privilege, and presidential use o...
The Second Founding
In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.
