Author: Donald S. Lutz
Publisher: Lsu Press
Release Date: 1988
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.
Author: Donald S. Lutz
Publisher: Liberty Fund Inc.
Release Date: 1998
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.
Author: Howard Gillman
Publisher: Oxford University Press, USA
Release Date: 2015-04-07
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.
Author: Dieter Grimm
Publisher: Oxford University Press
Release Date: 2016-09-08
Constitutionalism: Past, Present, and Future will offer a definitive collection of Professor Dieter Grimm's most important scholarly writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
Author: James McClellan
Release Date: 2000
Genre: Political Science
The Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses. James McClellan (1937-2005) was the James Bryce Visiting Fellow in American Studies at the Institute of United States Studies, University of London.
"The bookshelf next to my desk holds Christian classics and books I refer to often. Idols sits on that shelf, for Herb's lucid critique has been an invaluable reference for my own writings. It helps believers to understand the ideologies that undergird secular culture, and how they dramatically--and dangerously--differ from the Judeo-Christian view based on adherence to absolute truth." --Charles Colson, Prison Fellowship "Well-written and highly readable... discerning and critical analysis of our times; a stimulating contribution." --Carl F. H. Henry "This book has become a vade mecum for thousands of Christians who understand the cultural disaster of our time and are determined to do something about it." --Richard John Neuhaus, Editor-in-chief, First Things "Now that Francis Schaeffer is no longer with us, Schlossberg is just about the most provocative Christian thinker around." --Harold O. J. Brown, Professor of Theology, Trinity Evangelical Divinity School "Years before anyone talked about an American 'culture war,' Herb Schlossberg penned an acute description of the crisis of virtue that is the domestic issue of the 1990s. His diagnosis remains essential reading for everyone who believes that self-governing republic requires self-governing and morally serious citizens." --George Weigel, President, Ethics and Public Policy Center "Thorough, provocative and especially penetrating. If you want to think Christianly about culture Idols for Destruction is must reading!" --John H. White, President, Geneva College
Author: Andrew Cunningham McLaughlin
Publisher: The Lawbook Exchange, Ltd.
Release Date: 1932
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.
Author: Larry Kramer
Publisher: Oxford University Press, USA
Release Date: 2004
Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly implemented.
Author: Charles Shang Hyneman
Publisher: Indianapolis : Liberty Press
Release Date: 1983
Genre: United States
These volumes provide a selection of seventy-six essays, pamphlets, speeches, and letters to newspapers written between 1760 and 1805 by American political and religious leaders. Many are obscure pieces that were previously available only in larger research libraries. But all illuminate the founding of the American republic and are essential reading for students and teachers of American political thought. The second volume includes an annotated bibliography of five hundred additional items for future reference. The subjects covered in this rich assortment of primary material range from constitutionalism, representation, and republicanism to freedom of the press, religious liberty, and slavery. Among the more noteworthy items reprinted, all in their entirety, are Stephen Hopkins, "The Rights of the Colonies Examined" (1764); Richard Bland, "An Inquiry into the Rights of the British Colonies" (1766); John Adams, "Thoughts on Government" (1776); Theophilus Parsons, "The Essex Result" (1778); James Madison, "Memorial and Remonstrance Against Religious Assessments" (1785); James Kent, "An Introductory Lecture to a Course of Law Lectures" (1794); Noah Webster, "An Oration on the Anniversary of the Declaration of Independence" (1802); and James Wilson, "On Municipal Law" (1804). Charles S. Hyneman was Professor Emeritus of Political Science at Indiana University before his death in 1984. He was a past president of the American Political Science Association. Donald S. Lutz is Professor of Political Science at the University of Houston.
Author: David A. Weir
Publisher: Wm. B. Eerdmans Publishing
Release Date: 2005
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.
Author: Michael Les Benedict
Publisher: Rowman & Littlefield
Release Date: 2016-09-30
This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.
Author: Barry Alan Shain
Publisher: Princeton University Press
Release Date: 1996
Sharpening the debate over the values that formed America's founding political philosophy, Barry Alan Shain challenges us to reconsider what early Americans meant when they used such basic political concepts as the public good, liberty, and slavery. We have too readily assumed, he argues, that eighteenth-century Americans understood these and other terms in an individualistic manner. However, by exploring how these core elements of their political thought were employed in Revolutionary-era sermons, public documents, newspaper editorials, and political pamphlets, Shain reveals a very different understanding--one based on a reformed Protestant communalism. In this context, individual liberty was the freedom to order one's life in accord with the demanding ethical standards found in Scripture and confirmed by reason. This was in keeping with Americans' widespread acceptance of original sin and the related assumption that a well-lived life was only possible in a tightly knit, intrusive community made up of families, congregations, and local government bodies. Shain concludes that Revolutionary-era Americans defended a Protestant communal vision of human flourishing that stands in stark opposition to contemporary liberal individualism. This overlooked component of the American political inheritance, he further suggests, demands examination because it alters the historical ground upon which contemporary political alternatives often seek legitimation, and it facilitates our understanding of much of American history and of the foundational language still used in authoritative political documents.