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 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.

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 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.

American Constitutionalism Heard Round the World 1776 1989

Author: George Athan Billias
Publisher: NYU Press
ISBN: 9780814725177
Release Date: 2011-12-01
Genre: History

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.

American Constitutionalism

Author: Stephen M. Griffin
Publisher: Princeton University Press
ISBN: 1400822122
Release Date: 1998-07-27
Genre: Law

Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.

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.

Latin American Constitutionalism 1810 2010

Author: Roberto Gargarella
Publisher: Oxford University Press
ISBN: 9780199937967
Release Date: 2013-08-29
Genre: History

This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.