The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch V. Maryland, Schwartz David S.
Автор: Mcculloch, Ian Todish, Tim Название: British Light Infantryman of the Seven Years` War ISBN: 1841767336 ISBN-13(EAN): 9781841767338 Издательство: Osprey Рейтинг: Цена: 2226.00 р. Наличие на складе: Поставка под заказ.
Описание: The light infantry in America during the Seven Years` War saw some of the sharpest woods fighting and cruellest skirmishing ever encountered by the British army up to this time. This book recreates the story of the evolving light infantry corps, examining their training, tactics and campaigning.
Автор: Schwartz David S Название: Spirit of the Constitution ISBN: 0190699485 ISBN-13(EAN): 9780190699482 Издательство: Oxford Academ Рейтинг: Цена: 5542.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 2019 marks the 200th anniversary of one of the most important Supreme Court decisions in American history: McCulloch v. Maryland. The state of Maryland tried to impede the establishment of the Bank of the United States, but Chief Justice John Marshall decided that the Necessary and Proper clause of the Constitution gave the federal government implied powers that allowed it to charter the bank without hindrance. The decision expanded the power of the national government vis-�-vis the states, and it still figures centrally in contemporary debates about the scope of national legislative power. Indeed, Chief Justice Roberts' 2012 decision upholding the Affordable Care Act relied on it. In The Spirit of the Constitution, David S. Schwartz tells the story of the decision's long-term impact and the evolution of Justice Marshall's reputation. By tracing the rich history of McCulloch's influence from 1819 to the present, he shows that its meaning-and significance-for judges, political leaders, and the public varied greatly over time. The case was alternately celebrated, denounced, ignored, and reinterpreted to suit the needs of the moment. While Marshall was never reviled, he was not seen as especially influential until the late nineteenth century. Competing parties utilized McCulloch in constitutional debates over national power in the early republic; over the question of slavery in the late antebellum period; and over Congress's role in regulating the economy and civil rights in the twentieth century. Even after McCulloch's meaning seemed fixed by the mid-twentieth century, new debates about its implications have emerged in recent times. Schwartz's analysis of McCulloch's remarkable impact reaffirms the case's importance and unveils the circuitous process through which American constitutional law and ideology are made.
Описание: A year after John Bradstreet’s raid of 1758—the first and largest British-American riverine raid mounted during the Seven Years’ War (known in North America as the French and Indian War)—Benjamin Franklin hailed it as one of the great “American” victories of the war. Bradstreet heartily agreed, and soon enough, his own official account was adopted by Francis Parkman and other early historians. In this first comprehensive analysis of Bradstreet’s raid, Ian Macpherson McCulloch uses never-before-seen materials and a new interpretive approach to dispel many of the myths that have grown up around the operation. The result is a closely observed, deeply researched revisionist microhistory—the first unvarnished, balanced account of a critical moment in early American military history. Examined within the context of campaign planning and the friction among commanders in the war’s first three years, the raid looks markedly different than Bradstreet’s heroic portrayal. The operation was carried out principally by American colonial soldiers, and McCulloch lets many of the provincial participants give voice to their own experiences. He consults little-known French documents that give Bradstreet’s opponents’ side of the story, as well as supporting material such as orders of battle, meteorological data, and overviews of captured ships. McCulloch also examines the riverine operational capability that Bradstreet put in place, a new water-borne style of combat that the British-American army would soon successfully deploy in the campaigns of Niagara (1759) and Montreal (1760). McCulloch’s history is the most detailed, thoroughgoing view of Bradstreet’s raid ever produced.
Автор: Steinglass, Steven H. (Dean Emeritus & Professor Emeritus, Dean Emeritus & Professor Emeritus, Cleveland-Marshall College of Law) Scarselli, Gino J. Название: Ohio State Constitution ISBN: 019761972X ISBN-13(EAN): 9780197619728 Издательство: Oxford Academ Рейтинг: Цена: 18810.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Newly updated with legal changes in response to COVID-19 and structural racism, The New Public Health Law, Second Edition arms lawyers and public health professionals of any background with the tools to fully exploit the potential of law to improve public health.
Описание: This book explores the concept of deference as used by historians and political scientists.
Автор: Gilhooley Simon J. Название: The Antebellum Origins of the Modern Constitution ISBN: 110879145X ISBN-13(EAN): 9781108791458 Издательство: Cambridge University Press Рейтинг: Цена: 6758.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The emergence of slavery in the District of Columbia profoundly transformed constitutional interpretation. Gilhooley`s account of this interaction, and how it forms the basis of modern constitutional understandings grounded in the American Founding, is for scholars of the US Constitution, American history and politics, and legal studies.
In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories.
Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner
Автор: Johnson, David Название: Irreconcilable founders ISBN: 0807174807 ISBN-13(EAN): 9780807174807 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5643.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Virginians dominate the early history of the United States, with Washington, Jefferson, Madison, Monroe, Patrick Henry, George Mason, George Wythe, and John Marshall figuring prominently in that narrative. Fellow Virginian Spencer Roane (1762-1822), an influential jurist and political thinker, was in many ways their equal. Roane is nonetheless mostly absent in accounts of early America. The lack of interest in Roane is remarkable since he was the philosophical leader of the Jeffersonians, architect of states' rights doctrine, a legislator, essayist, and, for twenty-seven years, justice of the Virginia Supreme Court. He was the son-in-law of Henry, a confidant of Jefferson, founder of the influential Richmond Enquirer, and head of the ""Richmond Junto."" Roane's opinions established judicial review of legislative acts ten years before Supreme Court Chief Justice Marshall did the same in Marbury v. Madison. Roane also brought down Virginia's state-sponsored church. His descent into historical twilight is even more curious given his fierce criticism-both from the bench and in the Richmond Enquirer-of Marshall's nationalistic decisions. Indeed, the debate between these two judges is perhaps the most comprehensive discussion of federalism outside of the arguments that raged over the ratification of the United States Constitution. In Irreconcilable Founders, David Johnson uses Roane's long-lasting conflict with Marshall as ballast for the first-ever biography of this highly influential but largely forgotten justice and political theorist. Because Roane's legal opinions gave way to those of Marshall, historians have tended to either dismiss him or cast him as little more than an annoying gadfly. Equally to blame for his obscurity is the comparative inaccessibility of Roane's life: no single archive houses his papers, no scholars have systematically reviewed his legal opinions, and no one has methodically examined his essays. Bringing these and other disparate sources together for the first time, Johnson precisely limns Roane's career, personality, and philosophy. He also synthesizes the judge's wide-ranging jurisprudence and analyzes his predictions about the dangers of unchecked federal power and an activist Supreme Court. Although contemporary jurists and politicians disregarded Roane's opinions, many in today's political and legal arenas are unknowingly echoing his views with increasing frequency, making this reappraisal of his life and reassessment of his opinions timely and relevant.
In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories.
Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner
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