The Foundations of American Constitutionalism

The Foundations of American Constitutionalism
Title The Foundations of American Constitutionalism PDF eBook
Author Andrew Cunningham McLaughlin
Publisher The Lawbook Exchange, Ltd.
Pages 184
Release 2002
Genre Constitutional history
ISBN 1584772271

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This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.

The Legal Foundations of Inequality

The Legal Foundations of Inequality
Title The Legal Foundations of Inequality PDF eBook
Author Roberto Gargarella
Publisher Cambridge University Press
Pages 287
Release 2010-04-12
Genre Political Science
ISBN 1139485989

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The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

The Classical Foundations of the American Constitution

The Classical Foundations of the American Constitution
Title The Classical Foundations of the American Constitution PDF eBook
Author David J. Bederman
Publisher Cambridge University Press
Pages 0
Release 2011-02-17
Genre Law
ISBN 9780521187619

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The Framers of the American Constitution were substantially influenced by ancient history and classical political theory, as exemplified by their education, the availability of classical readings, and their inculcation in classical republican values. This volume explores how the Framing generation deployed classical learning to develop many of the essential structural aspects of the Constitution: federalism, separation of powers, a bicameral legislature, independent courts, and the war and foreign relations powers. Also examined are very contemporary constitutional debates, for which there were classical inspirations, including sovereign immunity, executive privilege, line-item vetoes, and the electoral college. Combining techniques of intellectual history, classical studies, and constitutional interpretation, this book makes a unique contribution to our understanding of contemporary constitutionalism.

Private Property and the Limits of American Constitutionalism

Private Property and the Limits of American Constitutionalism
Title Private Property and the Limits of American Constitutionalism PDF eBook
Author Jennifer Nedelsky
Publisher University of Chicago Press
Pages 358
Release 1994-06-15
Genre Law
ISBN 0226569713

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Federalists vision of the Constitution; an interdisciplinary investigation.

Liberty, Property, and the Foundations of the American Constitution

Liberty, Property, and the Foundations of the American Constitution
Title Liberty, Property, and the Foundations of the American Constitution PDF eBook
Author Ellen Frankel Paul
Publisher SUNY Press
Pages 200
Release 1989-01-01
Genre Political Science
ISBN 9780887069154

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Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.

Common-law Liberty

Common-law Liberty
Title Common-law Liberty PDF eBook
Author James Reist Stoner
Publisher
Pages 230
Release 2003
Genre Law
ISBN

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In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

George Washington and American Constitutionalism

George Washington and American Constitutionalism
Title George Washington and American Constitutionalism PDF eBook
Author Glenn A. Phelps
Publisher
Pages 264
Release 1993
Genre Biography & Autobiography
ISBN

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Known as the Father of His Country, George Washington is sometimes viewed as a demi-god for what he was and did, rather than for what he thought. In addition to being a popular icon for the forces of American nationalism, he served as commander-in-chief of the victorious Continental Army. That he played a key role in securing the adoption of the Constitution is well known, but few credit him with a political philosophy that actively shaped the constitutional tradition.