American Sovereigns: The People and America's Constitutional Tradition Before the Civil War
Cambridge University Press, 29. 10. 2007
American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.
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American Sovereigns: The People and America's Constitutional Tradition ...
Christian G. Fritz
Náhled není k dispozici. - 2007
1776 Constitution Alexander Hamilton alter or abolish amendment American constitutionalism American constitutions American Revolution asserting authority Bill of Rights Boston Burke’s Report Calhoun citizens collective sovereign colonial Congress consti constitution-making constitutional convention County court closings created debate Declaration delegates Democracy Democratic describing determinist movements Dorr Dorr’s draft elected excise tax federal Constitution Federalists George Washington government’s Governor Henry History idea Independence interposition James Madison John Adams judicial Law and Order leaders legislative legislature legitimacy liberty Maryland Massachusetts ment national government North Carolina nullification Papers Pennsylvania People’s Constitution people’s sovereignty petition political popular principles Providence ratification Regulators Report of 1800 repr representatives Republican revolutionary Rhode Island right of revolution role ruler Sept settlers Shays Shays’s Rebellion societies state’s stitution Supreme Theodore Sedgwick Thomas Jefferson tion tution unconstitutional Vermont Virginia vols vote Webster western Whiskey William written constitutions
Strana 18 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...