THE ORIGINS OF AMERICAN CONSTITUTIONALISM BIBLIOGRAPHIES IN THE HISTORY OF

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The Origins Of American Constitutionalism

Author : Donald S. Lutz
ISBN : 0807115061
Genre : History
File Size : 38.71 MB
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In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.
Category: History

The Bill Of Rights And The States

Author : Patrick T. Conley
ISBN : 094561229X
Genre : History
File Size : 31.47 MB
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Fourteen individual state essays elucidate the complexitites of local and regional interests that shaped the debate over individual rights and the eventual adoption of the Bill of Rights.
Category: History

The Complete American Constitutionalism Volume One

Author : Howard Gillman
ISBN : 9780190237622
Genre : Law
File Size : 84.46 MB
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The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.
Category: Law

Early New England

Author : David A. Weir
ISBN : 0802813526
Genre : History
File Size : 71.73 MB
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The idea of covenant was at the heart of early New England society. In this singular book David Weir explores the origins and development of covenant thought in America by analyzing the town and church documents written and signed by seventeenth-century New Englanders. Unmatched in the breadth of its scope, this study takes into account all of the surviving covenants in all of the New England colonies. Weir's comprehensive survey of seventeenth-century covenants leads to a more complex picture of early New England than what emerges from looking at only a few famous civil covenants like the Mayflower Compact. His work shows covenant theology being transformed into a covenantal vision for society but also reveals the stress and strains on church-state relationships that eventually led to more secularized colonial governments in eighteenth-century New England. He concludes that New England colonial society was much more "English" and much less "American" than has often been thought, and that the New England colonies substantially mirrored religious and social change in Old England.
Category: History

The Foundations Of American Constitutionalism

Author : Andrew Cunningham McLaughlin
ISBN : 9781584772279
Genre : History
File Size : 81.79 MB
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McLaughlin, Andrew C. The Foundations of American Constitutionalism. New York: The New York University Press, 1932. vii, 176 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-227-1. Cloth. $65. * An historian with a legal background, McLaughlin [1861-1947] traces the principles of justice embodied by the United States Constitution to the influence of colonial New England political philosophy and Puritan practices and ideals of personal rights and limited government. A reprint of the Anson G. Phelps Lectures on Early American History delivered at New York University in 1932.
Category: History

Colonial Origins Of The American Constitution

Author : Donald S. Lutz
ISBN : STANFORD:36105060994543
Genre : History
File Size : 47.13 MB
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This landmark collection of eighty documents created by the American colonists--and not English officials--is the genesis of American fundamental law and constitutionalism. Included are all documents attempting to unite the colonies, beginning with the New England Confederation of 1643.
Category: History

Latin American Constitutionalism

Author : M. C. Mirow
ISBN : 9781107025592
Genre : History
File Size : 23.29 MB
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Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.
Category: History

American Constitutionalism Heard Round The World 1776 1989

Author : George Athan Billias
ISBN : 0814791395
Genre : History
File Size : 54.54 MB
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Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country’s greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias’s landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.
Category: History

Principles Of Constitutional Design

Author : Donald S. Lutz
ISBN : 9781139460552
Genre : Political Science
File Size : 47.67 MB
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This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.
Category: Political Science

American Constitutionalism Marriage And The Family

Author : Patrick N. Cain
ISBN : 9781498528184
Genre : Law
File Size : 86.58 MB
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This volume examines the Supreme Court’s rulings in U.S. v. Windsor and Obergefell v. Hodges in light of its earlier rulings while also incorporating several prominent accounts of marriage and the family from the history of political philosophy.
Category: Law