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Madison’s Hand
Winner of the Bancroft Prize Winner of the James Bradford Best Biography Prize, Society for Historians of the Early American Republic Finalist, Literary Award for Nonfiction, Library of Virginia Finalist, George Washington Prize James Madison’s Notes on the 1787 Constitutional Convention have acquired nearly unquestioned authority as the description of the U.S. Constitution’s creation. No document provides a more complete record of the deliberations in Philadelphia or depicts the Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with such narrative force. But how reliable is this account? “[A] superb study of the Constitutional Convention as selectiv...
The Transatlantic Constitution
Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Female Genius
"A biography of Eliza Harriot Barons O'Connor, an educator whose 1787 Philadelphia public lecture attended by George Washington might have inspired the gender-neutral language of the Constitution. Explores women's public roles and political power following the American Revolution through the early nineteenth century, tracing the story of white and Black women's struggles for education and suffrage at a transformative moment"--
A Politician Thinking
James Madison presented his most celebrated and studied political ideas in his contributions to The Federalist, the essays that he, Alexander Hamilton, and John Jay wrote in 1787–1788 to secure ratification of the U.S. Constitution. As Jack N. Rakove shows in A Politician Thinking, however, those essays do not illustrate the full complexity and vigor of Madison’s thinking. In this book, Rakove pushes beyond what Madison thought to examine how he thought, showing that this founder’s political genius lay less in the content of his published writings than in the ways he turned his creative mind to solving real political problems. Rakove begins his analysis by examining how Madison drew up...
Blackstone in America
Blackstone in America explores the creative process of transplantation - the way in which American legislators and judges refashioned the English common law inheritance to fit the republican political culture of the new nation. With current scholarship returning to focus on the transformation of Anglo-American law to "American" law, Professor Kathryn Preyer's lifelong study of the constitutional and legal culture of the early American republic has acquired new relevance and a wider audience. The collection includes Professor Preyer's work on criminal law, the early national judiciary, and the history of the book. All nine of Professor Preyer's important and award-winning essays are easily accessible in this volume, with new introductions by three leading scholars of early American law.
The Graduate School Mess
American graduate education is in disarray. Graduate study in the humanities takes too long and those who succeed face a dismal academic job market. Leonard Cassuto gives practical advice about how faculty can teach and advise students so that they are prepared for the demands of the working worlds they will join, inside and outside the academy.
The Second Creation
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning...
The Partisan Republic
Provides a compelling account of early American constitutionalism in the Founding era.
Humboldt and Jefferson
Humboldt and Jefferson explores the relationship between two fascinating personalities: the Prussian explorer, scientist, and geographer Alexander von Humboldt (1769–1859) and the American statesman, architect, and naturalist Thomas Jefferson (1743–1826). In the wake of his famous expedition through the Spanish colonies in the spring of 1804, Humboldt visited the United States, where he met several times with then-president Jefferson. A warm and fruitful friendship resulted, and the two men corresponded a good deal over the years, speculating together on topics of mutual interest, including natural history, geography, and the formation of an international scientific network. Living in re...
Judging Under Uncertainty
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
