liberty and union the civil war era and american constitutionalism

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University Court And Slave

Author : Alfred L. Brophy
ISBN : 9780190263614
Genre : History
File Size : 42. 45 MB
Format : PDF
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University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people-sometimes dozens of people-and profited from their labor while many slaves endured physical abuse on campuses. The profits of enslaved labor helped pay for education, and faculty and students at times actively promoted the institution. They wrote about the history of slavery, argued for its central role in the southern economy, and developed a political theory that justified slavery. The university faculty spoke a common language of economic utility, history, and philosophy with those who made the laws for the southern states. Their extensive writing promoting slavery helps us understand how southern politicians and judges thought about the practice. As Alfred L. Brophy shows, southern universities fought the emancipation movement for economic reasons, but used history, philosophy, and law in an attempt to justify their position. Indeed, as the antislavery movement gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, proslavery jurisprudence. Following Lincoln's November 1860 election, southern academics joined politicians, judges, lawyers, and other leaders in arguing that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. Bolstered by the courts, academics took their case to the southern public-and ultimately to the battlefield-to defend slavery. A path-breaking and deeply researched history of southern universities' investment in and defense of slavery, University, Court, and Slave will fundamentally transform our understanding of the institutional foundations of pro-slavery thought.

Changes In Law And Society During The Civil War And Reconstruction

Author : Christian G. Samito
ISBN : 0809328895
Genre : History
File Size : 66. 22 MB
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The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.

The Nebraska Kansas Act Of 1854

Author : John R. Wunder
ISBN : 0803248164
Genre : Law
File Size : 59. 96 MB
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The Nebraska-Kansas Act of 1854 turns upside down the traditional way of thinking about one of the most important laws ever passed in American history. The act that created Nebraska and Kansas also, in effect, abolished the Missouri Compromise, which had prohibited slavery in the region since 1820. This bow to local control outraged the nation and led to vicious confrontations, including Kansas' subsequent mini-civil war. At the 150th anniversary of the Kansas-Nebraska Act these scholars reexamine the political, social, and personal contexts of this act and its effect on the course of American history.

Reclaiming The American Revolution

Author : William Watkins
ISBN : 1403963037
Genre : History
File Size : 48. 82 MB
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Reclaiming the American Revolution examines the struggles for political ascendancy between Federalists and the Republicans in the early days of the American Republic. Watkins views the struggle through the lens of the Kentucky and Virginia Resolutions, charters written by Thomas Jefferson and James Madison respectively, that were responses to the Alien and Sedition Acts passed by Federalists that, among other things, made criticism of the federal government a crime. Viewing those acts as a threat to states' rights, as well as indicative of a national government that sought supreme power, the Resolutions restated the principles of the American Revolution and sought to return the nation to the tenets of the Constitution, in which rights for all were protected by checking the power of the national government.

The Northern Home Front During The Civil War

Author : Paul A. Cimbala
ISBN : 9780313352911
Genre : History
File Size : 68. 10 MB
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This book comprehensively covers the wide geographical range of the northern home fronts during the Civil War, emphasizing the diverse ways people interpreted, responded to, and adapted to war by their ideas, interests, and actions. • Contemporary illustrations from illustrated magazines such as Harper's Weekly and Frank Leslie's Illustrated Newspaper • Lithographs depicting such activities as women and men at work making armaments, people examining wares at a Sanitary Fair, nurses tending to soldiers in hospitals, and immigrants, workers, and others in dissent • Period photographs of subjects such as supply depots filled with material for war, women making flags for regiments, and recruiting activities • A map of the northern states • An extensive and extremely detailed bibliographical essay

Constitutionalism And The Separation Of Powers

Author : M. J. C. Vile
ISBN : 0865971757
Genre : Law
File Size : 58. 39 MB
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Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Justice Curtis In The Civil War Era

Author : Stuart Streichler
ISBN : 0813923425
Genre : History
File Size : 30. 59 MB
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During a career as both a lawyer and a Supreme Court justice, Benjamin R. Curtis addressed practically every major constitutional question of the mid-nineteenth century, making judgments that still resonate in American law. Aside from a family memoir written by his brother over one hundred years ago, however, no book-length treatment of Curtis exists. Now Stuart Streichler has filled this gap in judicial biography, using Curtis’s life and work as a window on the most serious constitutional crisis in American history, the Civil War. Curtis was the lead attorney for President Andrew Johnson in the Senate’s impeachment trial, where he delivered the pivotal argument, and his was an influential voice in the pervasive constitutional struggle between states and the federal government. He is best remembered, however, for dissenting in the Dred Scott case, in which he disputed Chief Justice Taney’s proslavery ruling that no black person could ever become a citizen of the United States. In the wake of the decision, Curtis resigned from the court, the only justice in the Supreme Court’s history to do so on grounds of principle. Yet he also clashed with Boston’s abolitionists over enforcing the Fugitive Slave Act, and he opposed the Emancipation Proclamation. In a period when the Constitution was radically transformed from a charter that protected slavery to one that granted all persons equal rights of citizenship, Justice Curtis maintained his faith in the Constitution as an adaptable instrument of self-government and tried to mark out a path for gradual change. Streichler assesses Curtis’s common-law methods in the context of his divisive times and shows how the judge’s views continue to shed light on issues that have become once again relevant, such as the presidential impeachment process and, after 9/11, the use of military tribunals to try civilians.

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