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Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors
First published in 1994. In the two centuries of governance under the Constitution, 105 men and two women have sat as justices on the nation’s highest tribunal, the Supreme Court of the United States. Each of them has brought some unique insights or talents to that position. Contributors to this volume were asked to concentrate on the judicial tenure of their subjects, and to interpret those careers and evaluate their importance. They were asked to deal with the pre-Court years only insofar as those experiences had a major impact on jurisprudence.
"Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.
In Patriotism and Piety, Jonathan Den Hartog argues that the question of how religion would function in American society was decided in the decades after the Constitution and First Amendment established a legal framework. Den Hartog shows that among the wide array of politicians and public figures struggling to define religion’s place in the new nation, Federalists stood out—evolving religious attitudes were central to Federalism, and the encounter with Federalism strongly shaped American Christianity. Den Hartog describes the Federalist appropriations of religion as passing through three stages: a "republican" phase of easy cooperation inherited from the experience of the American Revol...
Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all." Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.
Reflecting the best recent scholarship of Early America and the Early Republic, the articles in this collection study the many dimensions of American political history. The authors explore Native American interests and encounters with settlers, diplomatic endeavors, environmental issues, legal debates and practiced law, women's citizenship and rights, servitude and slavery and popular political activity. The geographical perspective is as expansive as the topical, with strong representation of trans-Atlantic and continental interests of many nations and peoples. The international and interdisciplinary perspectives illustrate the dynamic transformations of America during this era of settlement, conquest, development, revolution and nation building.
This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.
A "compact, engrossing narrative"* that vividly reimagines the events that led to the outbreak of the Civil War What separates historian Nelson D. Lankford's engaging examination of the causes of the Civil War from other books on the subject is its willingness to consider the alternative possibilities to history. Cry Havoc! recounts in riveting detail the small quirks of timing, character, and place that influenced the huge trajectory of events during eight critical weeks from Lincoln's inauguration through the explosion at Fort Sumter and the embattled president's response to it. It addresses the what-ifs, the might-have-beens, and the individual personalities that played into circumstances-a chain of indecisions and miscalculations, influenced by swollen vanity and wishful thinking-that gave shape to the dreadful conflict to come.
Zietlow explores the ideological origins of Reconstruction and the constitutional changes in this era through the life of James Mitchell Ashley.