The Broken Constitution

The Broken Constitution
Title The Broken Constitution PDF eBook
Author Noah Feldman
Publisher Farrar, Straus and Giroux
Pages 236
Release 2021-11-02
Genre History
ISBN 0374720878

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A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

The 44-Gun Frigate USS Constitution 'Old Ironsides'

The 44-Gun Frigate USS Constitution 'Old Ironsides'
Title The 44-Gun Frigate USS Constitution 'Old Ironsides' PDF eBook
Author Karl Heinz Marquardt
Publisher Osprey Publishing
Pages 0
Release 2017-12-19
Genre History
ISBN 9781472832580

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The Constitution was one of the US Navy's first six original frigates, ordered as a counter to the Barbary corsairs in the Mediterranean. Fast and heavily built, she was nominally rated as a 44 but mounted thirty 24-pdr and twenty-two 12-pdr cannon. Her most famous encounter, after which she became nicknamed 'Old Ironsides' due to British shot being seen bouncing off her hull, involved HMS Guerriere, which she smashed; the same treatment was meted out to HMS Java four months later. Now the oldest commissioned warship afloat in thw world, she is berthed in Boston Harbor. The 'Anatomy of the Ship' series aims to provide the finest documentation of individual ships and ship types ever published. What makes the series unique is a complete set of superbly executed line drawings, both the conventional type of plan as well as explanatory views, with fully descriptive keys. These are supported by technical details and a record of the ship's service history.

Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law
Title Constitutionalism and the Rule of Law PDF eBook
Author Maurice Adams
Publisher Cambridge University Press
Pages 559
Release 2017-02-02
Genre Law
ISBN 1316883256

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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Anatomy of the State

Anatomy of the State
Title Anatomy of the State PDF eBook
Author
Publisher Ludwig von Mises Institute
Pages 63
Release
Genre Political Science
ISBN 1610164946

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Murray Rothbard was known as the state's greatest living enemy, and this is his most succinct and powerful statement on the topic, an exhibit A in how he came to wear that designation proudly. He shows how the state wrecks freedom, destroys civilization, and threatens all lives and property and social well being. This gives a succinct account of Rothbard’s view of the state. Following Franz Oppenheimer and Albert Jay Nock, Rothbard regards the state as a predatory entity. It does not produce anything but rather steals resources from those engaged in production. In applying this view to American history, Rothbard makes use of the work of John C. Calhoun How can an organization of this type sustain itself? It must engage in propaganda to induce popular support for its policies. Court intellectuals play a key role here, and Rothbard cites as an example of ideological mystification the work of the influential legal theorist Charles Black, Jr., on the way the Supreme Court has become a revered institution.

The Moulding of Ukraine

The Moulding of Ukraine
Title The Moulding of Ukraine PDF eBook
Author Kataryna Wolczuk
Publisher Central European University Press
Pages 339
Release 2001-12-01
Genre Law
ISBN 6155211647

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With the disintegration of the Soviet Union, a number of new states were created that had little or no claim to any previous existence. Ukraine is one of the countries that faced not only political, social and economic transformation, but also state formation and the redefinition of national identity. This book uses Ukraine as a case study in trying to trace the key moments of decision making in the course of creating a new state while shedding the legacies of "Soviet-type" statehood.The Moulding of Ukraine offers a systematic examination of competing ideological visions of statehood and discusses them against the backdrop of historical traditions in Ukraine. This well-documented and lucidly written book is the only coherent account available in English of the process of constitutional reform, offering an insight into post-Soviet Ukrainian politics. A useful addition to university course reading lists in Ukrainian studies, post-Soviet studies, post-communist democratization, comparative constitutionalism, state-building and institutional design.

The Anatomy of Administrative Law

The Anatomy of Administrative Law
Title The Anatomy of Administrative Law PDF eBook
Author Joanna Bell
Publisher Bloomsbury Publishing
Pages 313
Release 2020-05-28
Genre Law
ISBN 1509925333

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Based on author's thesis (doctoral - University of Oxford, 2017) issued under title: Against monism and in favour of an anatomical approach to administrative law.

The Revolutionary Constitution

The Revolutionary Constitution
Title The Revolutionary Constitution PDF eBook
Author David J. Bodenhamer
Publisher Oxford University Press
Pages 292
Release 2012-02-01
Genre History
ISBN 019991303X

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The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.