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Author: Daniel J. Hulsebosch
Publisher: Univ of North Carolina Press
ISBN: 9780807876879
Category : Law
Languages : en
Pages : 496
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Book Description
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
Author: Daniel J. Hulsebosch
Publisher: Univ of North Carolina Press
ISBN: 9780807876879
Category : Law
Languages : en
Pages : 496
Get Book
Book Description
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
Author: Moon-Kie Jung
Publisher: Stanford University Press
ISBN: 0804777446
Category : Social Science
Languages : en
Pages : 352
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Book Description
The deeply entrenched patterns of racial inequality in the United States simply do not square with the liberal notion of a nation-state of equal citizens. Uncovering the false promise of liberalism, State of White Supremacy reveals race to be a fundamental, if flexible, ruling logic that perpetually generates and legitimates racial hierarchy and privilege. Racial domination and violence in the United States are indelibly marked by its origin and ongoing development as an empire-state. The widespread misrecognition of the United States as a liberal nation-state hinges on the twin conditions of its approximation for the white majority and its impossibility for their racial others. The essays in this book incisively probe and critique the U.S. racial state through a broad range of topics, including citizenship, education, empire, gender, genocide, geography, incarceration, Islamophobia, migration and border enforcement, violence, and welfare.
Author: Jean Dennison
Publisher: UNC Press Books
ISBN: 080783744X
Category : Social Science
Languages : en
Pages : 272
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Book Description
From 2004 to 2006 the Osage Nation conducted a contentious governmental reform process in which sharply differing visions arose over the new government's goals, the Nation's own history, and what it means to be Osage. The primary debates were focused on biology, culture, natural resources, and sovereignty. Osage anthropologist Jean Dennison documents the reform process in order to reveal the lasting effects of colonialism and to illuminate the possibilities for indigenous sovereignty. In doing so, she brings to light the many complexities of defining indigenous citizenship and governance in the twenty-first century. By situating the 2004-6 Osage Nation reform process within its historical and current contexts, Dennison illustrates how the Osage have creatively responded to continuing assaults on their nationhood. A fascinating account of a nation in the midst of its own remaking, Colonial Entanglement presents a sharp analysis of how legacies of European invasion and settlement in North America continue to affect indigenous people's views of selfhood and nationhood.
Author: Leslie Friedman Goldstein
Publisher: JHU Press
ISBN: 0801875684
Category : Political Science
Languages : en
Pages : 257
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Book Description
Addresses why, when, and how sovereign states give up some of their sovereignity to form a larger union Starting from the premise that the system of independent, sovereign, territorial states, which was the subject of political science and international relations studies in the twentieth century, has entered a transition toward something new, noted political scientist Leslie F. Goldstein examines the development of the European Union by blending comparative and historical institutionalist approaches. She argues that the most useful framework for understanding the kinds of "supra-state" formations that are increasingly apparent in the beginning of the third millennium is comparative analysis of the formative epochs of federations of the past that formed voluntarily from previously independent states. In Constituting Federal Sovereignty: The European Union in Comparative Context Goldstein identifies three significant predecessors to today's European Union: the Dutch Union of the 17th century, the United States of America from the 1787 Constitution to the Civil War, and the first half-century of the modern Swiss federation, beginning in 1848. She examines the processes by which federalization took place, what made for its success, and what contributed to its problems. She explains why resistance to federal authority, although similar in kind, varied significantly in degree in the cases examined. And she explores the crucial roles played by such factors as sovereignty-honoring elements within the institutional structure of the federation, the circumstances of its formation (revolt against distant empire versus aftermath of war among member states), and notably, the internal culture of respect for the rule of law in the member states.
Author: Arthur Berriedale Keith
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 390
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Book Description
Author: Panchanandas Mukherji
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 1126
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Book Description
Author: Ronnie D. Lipschutz
Publisher: Routledge
ISBN: 1317262107
Category : Political Science
Languages : en
Pages : 121
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Book Description
The title of this book is a play upon several important concepts and forces in the ongoing debate about American empire. Since September 11, 2001, the Bush administration and its counsels in the U.S. Department of Justice have been both constituting an empire of American hegemony and, in so doing, violating the spirit and the law of the American Constitution at home and abroad. The U.S. Constitution has been doing work in the "nonsovereign" spaces of Guantanamo Bay, Cuba, Abu Ghraib, Baghdad, and CIA black detention sites around the world. The reach of this constitution is becoming visible in National Security Agency surveillance and data mining of electronic communications between the United States and the rest of the world and in a myriad of other regulatory and legal demands made by the United States both of its citizens and of those living in and traveling among other countries. And, in testing the limits of its wished-for powers, the Bush administration seeks to constitute an imperium that, by its own definition, would be nowhere subject to the long-assumed checks of either the U.S. Constitution, Congress, the courts, or international law, for it operates outside of the boundaries of American sovereignty in defiance of the international community and the United Nations, and in violation of the law of nations. This book is the latest and perhaps sharpest entry in the burgeoning literature of American empire since Hardt and Negri. Its focus on the legal and institutional aspects of empire sets it apart from the literature on this subject.
Author: Daniel J. Hulsebosch
Publisher: NYU Press
ISBN: 0814725260
Category : History
Languages : en
Pages : 326
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Book Description
- "These essays epitomize the deep and broad impact that William Nelson has had on the writing of American legal history.." - David Thomas Konig, Washington University in St. Louis - " Bill Nelson's influence] is displayed in this wonderful collection." - Larry Kramer, President, William & Flora Hewlett Foundation - "A fundamental contribution to our understanding of this country's legal history... Fine essays... A fitting tribute." - Stanley N. Katz, Princeton University "A wonderful offering." - Hendrik Hartog, Princeton University
Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 0199702950
Category : History
Languages : en
Pages : 304
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Book Description
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.
Author: Adom Getachew
Publisher: Princeton University Press
ISBN: 0691202346
Category : History
Languages : en
Pages : 288
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Book Description
Decolonization revolutionized the international order during the twentieth century. Yet standard histories that present the end of colonialism as an inevitable transition from a world of empires to one of nations—a world in which self-determination was synonymous with nation-building—obscure just how radical this change was. Drawing on the political thought of anticolonial intellectuals and statesmen such as Nnamdi Azikiwe, W.E.B Du Bois, George Padmore, Kwame Nkrumah, Eric Williams, Michael Manley, and Julius Nyerere, this important new account of decolonization reveals the full extent of their unprecedented ambition to remake not only nations but the world. Adom Getachew shows that African, African American, and Caribbean anticolonial nationalists were not solely or even primarily nation-builders. Responding to the experience of racialized sovereign inequality, dramatized by interwar Ethiopia and Liberia, Black Atlantic thinkers and politicians challenged international racial hierarchy and articulated alternative visions of worldmaking. Seeking to create an egalitarian postimperial world, they attempted to transcend legal, political, and economic hierarchies by securing a right to self-determination within the newly founded United Nations, constituting regional federations in Africa and the Caribbean, and creating the New International Economic Order. Using archival sources from Barbados, Trinidad, Ghana, Switzerland, and the United Kingdom, Worldmaking after Empire recasts the history of decolonization, reconsiders the failure of anticolonial nationalism, and offers a new perspective on debates about today’s international order.
