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The Nexus of Governmental Integrity and the Survivability of American Constitutional Democracy
The American government is in a state of crisis—a crisis of integrity. Law is not what holds nations together; rather, cultural values and prevailing social conditions sustain an undergirding belief in the legitimacy of law. Moral and religious consensus must come before a legal order. This book discusses several cases of the erosion of credibility as examples—Gorbachev’s failed attempt to modernize Russia, the deceptions of the Vietnam War, and the Iran–Contra arms scandal. Next comes a study of how civil religion and governmental integrity interplay. The final chapter is a well-documented historic overview and examination of the Supreme Court’s challenging task of constitutionally defining religion, especially in cases of conscientious objections and religious exemptions to state mandates. The issues are timely, and Gatgounis is uniquely qualified to examine them as both a constitutional lawyer and religious scholar.
British North America in the Seventeenth and Eighteenth Centuries
Until relatively recently, the connection between British imperial history and the history of early America was taken for granted. In recent times, however, early American historiography has begun to suffer from a loss of coherent definition as competing manifestos demand various reorderings of the subject in order to combine time periods and geographical areas in ways that would have previously seemed anomalous. It has also become common place to announce that the history of America is best accounted for in America itself in a three-way melee between "settlers", the indigenous populations, and the forcibly transported African slaves and their creole descendants. The contributions to British...
Royalists at War in Scotland and Ireland, 1638–1650
Analysing the make-up and workings of the Royalist party in Scotland and Ireland during the civil wars of the mid-seventeenth century, Royalists at War is the first major study to explore who Royalists were in these two countries and why they gave their support to the Stuart kings. It compares and contrasts the actions, motivations and situations of key Scottish and Irish Royalists, paying particular attention to concepts such as honour, allegiance and loyalty, as well as practical considerations such as military capability, levels of debt, religious tensions, and political geography. It also shows how and why allegiances changed over time and how this impacted on the royal war effort. Alongside this is an investigation into why the Royalist cause failed in Scotland and Ireland and the implications this had for crown strategy within a wider British context. It also examines the extent to which Royalism in Scotland and Ireland differed from their English counterpart, which in turn allows an assessment to be made as to what constituted core elements of British and Irish Royalism.
Clothed in Robes of Sovereignty
Clothed in Robes of Sovereignty examines the material artifacts, festivities, and rituals by which Congress endeavored not only to assert its political legitimacy and to bolster the war effort, but ultimately to glorify the United States and to win the allegiance of the American people. But fact, as Benjamin H. Irvin demonstrates, the "people out of doors"--including the working poor, women, loyalists, Native Americans and others not represented in Congress--vigorously contested the trappings of nationhood into which Congress had enfolded them.
Harvard Law Review: Volume 128, Number 8 - June 2015
The Harvard Law Review, June 2015, is offered in a digital edition. Contents include: • Article, “Active Avoidance: The Modern Supreme Court and Legal Change,” by Neal Kumar Katyal and Thomas P. Schmidt • Article, “The Invention of Low-Value Speech,” by Genevieve Lakier • Book Review, “Crown and Constitution,” by Tara Helfman • Note, “Causation in Environmental Law: Lessons from Toxic Torts” In addition, the issue features extensive student commentary on Recent Cases and policy positions, including such subjects as: corporate board of directors' duties in mergers under the Revlon doctrine; the propriety of a Delaware corporation's bylaws designating a non-Delaware exc...
The Royalist Revolution
Winner of the Society of the Cincinnati History Prize, Society of the Cincinnati in the State of New Jersey Finalist, George Washington Prize A Choice Outstanding Academic Title of 2015 Generations of students have been taught that the American Revolution was a revolt against royal tyranny. In this revisionist account, Eric Nelson argues that a great many of our “founding fathers” saw themselves as rebels against the British Parliament, not the Crown. The Royalist Revolution interprets the patriot campaign of the 1770s as an insurrection in favor of royal power—driven by the conviction that the Lords and Commons had usurped the just prerogatives of the monarch. “The Royalist Revoluti...
The American Presidency
McDonald explores how and why the presidency has evolved into such a complex and powerful institution, unlike any other in the world. He chronicles the presidency's creation, implementation, and evolution and explains why it's still working today despite its many perceived afflictions.
War & Press Freedom
War and Press Freedom: The Problem of Prerogative Power is a groundbreaking and provocative study of one of the most perplexing civil liberties issues in American history: What authority does or should the government have to control press coverage and commentary in wartime? First Amendment scholar Jeffery A. Smith shows convincingly that no such extraordinary power exists under the Constitution, and that officials have had to rely on claiming the existence of an autocratic "higher law" of survival. Smith carefully surveys the development of statutory restrictions and military regulations for the news media from the ratification of the Bill of Rights in 1791 through the Gulf War of 1991. He concludes that the armed forces can justify refusal to divulge a narrow range of defense secrets, but that imposing other restrictions is unwise, unnecessary, and unconstitutional. In any event, as electronic communication becomes almost impossible to constrain, soldiers and journalists must learn how to respect each other's obligations in a democratic system.
War, Revenue, and State Building
In a relatively short time, the American state developed from a weak, highly decentralized confederation composed of thirteen former English colonies into the foremost global superpower. This remarkable institutional transformation would not have been possible without the revenue raised by a particularly efficient system of public finance, first crafted during the Civil War and then resurrected and perfected in the early twentieth century. That revenue financed America's participation in two global wars as well as the building of a modern system of social welfare programs.Sheldon D. Pollack shows how war, revenue, and institutional development are inextricably linked, no less in the United S...
