The Origins of American Constitutionalism

Author: Donald S. Lutz
Publisher: Lsu Press
ISBN: 0807115061
Release Date: 1988
Genre: History

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.

The Complete American Constitutionalism Volume One

Author: Howard Gillman
Publisher: Oxford University Press, USA
ISBN: 9780190237622
Release Date: 2015-04-07
Genre: Law

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.

The Bill of Rights and the States

Author: Patrick T. Conley
Publisher: Rowman & Littlefield
ISBN: 094561229X
Release Date: 1992
Genre: History

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.

Early New England

Author: David A. Weir
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802813526
Release Date: 2005
Genre: History

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.

The New Cambridge Bibliography of English Literature

Author: George Watson
Publisher: Cambridge University Press
ISBN: 0521200040
Release Date: 1974-08-29
Genre: Language Arts & Disciplines

More than fifty specialists have contributed to this new edition of volume 1 of The Cambridge Bibliography of English Literature. The design of the original work has established itself so firmly as a workable solution to the immense problems of analysis, articulation and coordination that it has been retained in all its essentials for the new edition. The task of the new contributors has been to revise and integrate the lists of 1940 and 1957, to add materials of the following decade, to correct and refine the bibliographical details already available, and to re-shape the whole according to a new series of conventions devised to give greater clarity and consistency to the entries.

Colonial origins of the American Constitution

Author: Donald S. Lutz
Publisher: Liberty Fund Inc.
ISBN: STANFORD:36105060994543
Release Date: 1998
Genre: History

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.

The Union As It Is

Author: Peter B. Knupfer
Publisher: Univ of North Carolina Press
ISBN: 9780807862551
Release Date: 2000-11-09
Genre: History

The first scholar to trace the meaning and importance of the idea of political compromise from the founding of the Republic to the onset of the Civil War, Knupfer shows how recurring justifications of sectional compromise reflected common ideas about the way governments were supposed to work. Originally published in 1991. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

The First American Constitutions

Author: Willi Paul Adams
Publisher: Rowman & Littlefield
ISBN: 0742520692
Release Date: 2001-01-01
Genre: Political Science

For the last twenty years this book has been cited by every serious writer on early American constitutional development. Any constitutional history of the independent United States must begin with this comprehensive study. This volume contains two new chapters: one demonstrating precedents in the state constitutions for the U.S. Constitution, and another chapter critically testing the 'republicanism over liberalism' thesis against political ideas and institutional arrangements that constitute the first state constitutions.

Encyclopedia of the American legislative system

Author: Joel H. Silbey
Publisher: MacMillan Publishing Company
ISBN: 0684196018
Release Date: 1994
Genre: Law

Includes 91 essays which examine the history, personnel, structure, elections, and policies of our legislative system

George Washington and American constitutionalism

Author: Glenn A. Phelps
Publisher: Univ Pr of Kansas
ISBN: UOM:39015020837285
Release Date: 1993
Genre: Biography & Autobiography

"Indispensable to understanding Washington and the history and government he helped make". -- Richard B. Bernstein in Constitution.

The Foundations of American Constitutionalism

Author: Andrew Cunningham McLaughlin
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584772279
Release Date: 1932
Genre: History

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.

The American Constitution

Author: Robert Joseph Janosik
Publisher:
ISBN: UOM:39015024807656
Release Date: 1991
Genre: Constitutional law

Serves as a starting point for the nonspecialist.