The Origins of American Constitutionalism
Title | The Origins of American Constitutionalism PDF eBook |
Author | Donald S. Lutz |
Publisher | Lsu Press |
Total Pages | 178 |
Release | 1988 |
Genre | History |
ISBN | 9780807115060 |
In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.
Colonial Origins of the American Constitution
Title | Colonial Origins of the American Constitution PDF eBook |
Author | Donald S. Lutz |
Publisher | |
Total Pages | 448 |
Release | 1998 |
Genre | History |
ISBN |
Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR
Common-law Liberty
Title | Common-law Liberty PDF eBook |
Author | James Reist Stoner |
Publisher | |
Total Pages | 230 |
Release | 2003 |
Genre | Law |
ISBN |
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.
The Biblical Roots of American Constitutionalism
Title | The Biblical Roots of American Constitutionalism PDF eBook |
Author | Joseph Livni |
Publisher | Rowman & Littlefield |
Total Pages | 171 |
Release | 2021-04-14 |
Genre | Law |
ISBN | 1793637229 |
According to the conventional wisdom American constitutional democracy stemmed from Athenian democracy, Roman Law, English legal practices, and the Magna Carta. This book agrees that democracy was born in Athens. However, as the title suggests, the thesis of this book claims that constitutionalism in the sense of an agreed text sanctioning procedures of legislation, government, and power flow germinated in pre-state Israel better known as Israel of the Judges. The thesis of the book consists of three concepts: (1) The roots of American constitutionalism are in biblical Israel; this concept has been debated by scholars of constitutional history. (2) Proto-Israel also known as Israel of the Judges had no king as the Book of Judges claims; however it had a covenant which it enforced. Naturally, this belief is as old as the Bible; however, its proof is new. (3) American constitutionalism did not stem from studying and applying biblical recipes. It rather evolved through a sequence of embodiments each passing on the torch of essential traditions to its heir. This concept is new. The book is not intended to shake your understanding of the constitution; however it will answer questions you might have asked or even questions you never asked.
The Foundations of American Constitutionalism
Title | The Foundations of American Constitutionalism PDF eBook |
Author | Andrew Cunningham McLaughlin |
Publisher | The Lawbook Exchange, Ltd. |
Total Pages | 184 |
Release | 2002 |
Genre | Constitutional history |
ISBN | 1584772271 |
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 Imperial Republic
Title | The Imperial Republic PDF eBook |
Author | James G. Wilson |
Publisher | Routledge |
Total Pages | 256 |
Release | 2018-02-06 |
Genre | Law |
ISBN | 1351748394 |
This title was first published in 2002. The Imperial Republic addresses the enduring relationship that the American constitution has with the concept of empire . Early activists frequently used the word to describe the nation they wished to create through revolution and later reform. The book examines what the Framers of the Constitution meant when they used the term empire and what such self-conscious empire building tells Americans about the underlying goals of their constitutional system. Utilizing the author’s extensive research from colonial times to the turn of the twentieth century, the book concludes that imperial ambition has profoundly influenced American constitutional law, theory and politics. It uses several analytical techniques to ascertain the multiple meanings of such fundamental words as empire and republic and demonstrates that such concepts have at least four levels of meaning. Relying on numerous examples, it further concludes that American leaders frequently (even proudly) used the word with some of its most domineering implications.
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 |
Total Pages | 358 |
Release | 1994-06-15 |
Genre | Law |
ISBN | 0226569713 |
Federalists vision of the Constitution; an interdisciplinary investigation.