Book Description
File No. 398
Author :
Publisher :
Page : 17 pages
File Size : 29,67 MB
Release : 1810
Category : Law
ISBN :
File No. 398
Author : Paul Finkelman
Publisher : Harvard University Press
Page : 301 pages
File Size : 46,71 MB
Release : 2018-01-08
Category : Law
ISBN : 0674982088
The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.
Author : Alison L. LaCroix
Publisher : Yale University Press
Page : 573 pages
File Size : 33,32 MB
Release : 2024-05-28
Category : Law
ISBN : 0300223218
A synthesis of legal, political, and social history to show how the post-founding generations were forced to rethink and substantially revise the U.S. constitutional vision Between 1815 and 1861, American constitutional law and politics underwent a profound transformation. These decades of the Interbellum Constitution were a foundational period of both constitutional crisis and creativity. The Interbellum Constitution was a set of widely shared legal and political principles, combined with a thoroughgoing commitment to investing those principles with meaning through debate. Each of these shared principles--commerce, concurrent power, and jurisdictional multiplicity--concerned what we now call "federalism," meaning that they pertain to the relationships among multiple levels of government with varying degrees of autonomy. Alison L. LaCroix argues, however, that there existed many more federalisms in the early nineteenth century than today's constitutional debates admit. As LaCroix shows, this was a period of intense rethinking of the very basis of the U.S. national model--a problem debated everywhere, from newspapers and statehouses to local pubs and pulpits, ultimately leading both to civil war and to a new, more unified constitutional vision. This book is the first that synthesizes the legal, political, and social history of the early nineteenth century to show how deeply these constitutional questions dominated the discourse of the time.
Author : Mark E. Brandon
Publisher : Princeton University Press
Page : 278 pages
File Size : 10,84 MB
Release : 1998
Category : History
ISBN : 9780691015811
"Brandon also develops a general typology of constitutional failure. He identifies several ways in which failure can occur, shows that failure in one area may signify success in another, and argues that the possibility of failure is built into the foundations of all constitutional regimes."--BOOK JACKET.
Author : United States
Publisher :
Page : 1128 pages
File Size : 36,3 MB
Release : 1972
Category : Law
ISBN :
Author : Henry J. Richardson (III.)
Publisher :
Page : 552 pages
File Size : 45,29 MB
Release : 2008
Category : Law
ISBN :
This book explores the birth of the African-American international tradition and, particularly, the roots of African Americans' stake in international law. Richardson considers these origins as only formally arising about 1619, the date the first Africans were landed at Jamestown in the British North American colony of Virginia. He looks back to the opening of the European slave trade out of Africa and to the 1500s and the first arrival of Africans on the North American continent. Moving through the pre-Independence period, the American Revolution, the Constitutional Convention, and the Westward Migration, the book ends around 1820. This historical period also roughly corresponds to two other key historical phenomena greatly affecting the Atlantic Ocean basin: the rise of international law as a modern legal system (including European states and their Atlantic colonies) and the rise and flourishing of the international slave trade in African slaves to the Americas by European and New World governments and merchants. Only by placing African slavery in the British North American colonies in the context of the international slave system encompassing and linking the New World can the voices, struggles, demands, claims, and decisions of slaves and Free Blacks in North America towards freedom, relative to their evolving interests under international law, be properly understood. These interests comprise no less than the birth of an African-American international jurisprudence. "This magnificent study by Professor Richardson of the relevance of international law to the struggle of African Americans against slavery and the slave trade of the course of several centuries deserves the widest possible reading. Such an outstanding jurisprudential account of anti-slavery resistance from the perspective of slavery's captives fills a crucial gap in the scholarly literature. It is a great contribution." -- Richard Falk, Albert G. Milbank Professor of International Law and Practice Emeritus, Princeton University, and Visiting Professor of Global and International Studies, University of California at Santa Barbara "Richardson presents a thorough analysis of African American interests in international law and how principles emanating from outside law have historically been linked to Blacks' appeals to quality and freedom. The book is most appropriate for the graduate and professional (law) level and would be suited for courses in African American/American History, Race and the Law, and American Legal History." -- Law & Politics Book Review "Richardson has written a decidedly original and provocative volume that is a fascinating, intriguing, and tremendously informative read... [T]his book is a treasure trove of information... The depth of research, which must be commended, and Richardson's astute analysis make this volume a useful one for any library and an absolute necessity for institutional collections." -- The American Journal of International Law
Author : United States
Publisher :
Page : 1918 pages
File Size : 28,44 MB
Release : 1936
Category : Law
ISBN :
Author :
Publisher :
Page : 320 pages
File Size : 33,66 MB
Release : 2007
Category : Constitutional history
ISBN :
Author : James Sprunt
Publisher :
Page : 774 pages
File Size : 22,60 MB
Release : 1916
Category : History
ISBN :
Author : Dwight F. Henderson
Publisher : Praeger
Page : 282 pages
File Size : 22,85 MB
Release : 1985-11-19
Category : Law
ISBN :
Henderson has written a most readable book about the development of US federal criminal law between 1801 and 1829. He raises several challenging questions: `How well did the [criminal justice] system protect society? Did the system evolve in relation to social and economic change? What was the role of politics in this evolution? Did oppression occur?' Choice