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: 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: Mark Tushnet
Publisher: Oxford University Press
Release Date: 2015-07-31
Genre: Political Science
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Author: George Watson
Publisher: Cambridge University Press
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.
Author: George Athan Billias
Publisher: NYU Press
Release Date: 2011-12-01
American constitutionalism represents America'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. 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. George Athan Billias is Jacob and Frances Hiatt Professor Emeritus of History at Clark University. His numerous books includeAmerican Constitutionalism Abroad: Selected Essays in Comparative Constitutional HistoryandGeorge Washington's Generals and Opponents.
Author: Stephen L. Schechter
Publisher: Rowman & Littlefield Publishers
Release Date: 1991-11-01
Roots of the Republic shows how the Constitution was a product, not simply of the Constitutional Convention in 1787, but of a legal and philosophical tradition almost two centuries old. The editors have selected eighteen key documents in the development of that tradition and reproduced them with essays that explain what they mean, why they were written, and why they are important today. Each key document is accompanied by an interpretive essay written by a contemporary scholar. These essays focus on the importance of each frame of government and include commentaries on why they are meaningful today. Intended to help readers learn how to read and understand these documents, the book is also a handy reference and a strong introduction to the development of political thought and the debates surrounding the formation of the state governments and the federal union.
Author: James McClellan
Release Date: 2000-01-01
Genre: Political Science
The singular greatness of the constitutional principles that define American governance becomes wholly apparent in this scholarly history and exposition of the quest of liberty, order and justice in England, the American colonies, and, finally, in the United States of America. These qualities, together with the organization of the material presented, should make this revised second edition especially suitable for classes in constitutional history both for undergraduates and for high-school students in advanced courses. The sections include: The Constitution's Deep Roots; America's First Constitutions and Declarations of Rights; The Achievement of the Philadelphia Convention; Basic Constitutional Concepts - Federalism, Separation of Powers, and Rule of Law; Defending the Constitution - the Struggle Over Ratification and the Bill of Rights; Interpreting the Constitution; and Changing the Constitution - Together with an Explanation of the Amendments Added Since 1791. This new edition includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies.
Author: Peter B. Knupfer
Publisher: Univ of North Carolina Press
Release Date: 2000-11-09
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.