Bernard Bailyn, The Ideological Origins of the American Revolution (Cambridge, Belknap Press of Harvard University Press 1967).
From Amazon: In every area of Bernard Bailyn's research--whether Virginia society of the 17th century or the schools of early America--he transformed what historians had hitherto thought about the subject. In The Ideological Origins of the American Revolution, the most famous of his works, Bailyn uncovered a set of ideas among the Revolutionary generation that most historians had scarcely known existed. These radical ideas about power and liberty, and deeply rooted fears of conspiracy, had propelled Americans in the 1760s and 1770s into the Revolution, Bailyn said. His book, which won the Pulitzer and Bancroft prizes in 1968, influenced an entire generation of historians. For many, it remains the most persuasive interpretation of the Revolution. --Gordon S. Wood (Wall Street Journal)
From the publisher, regarding the new edition published in 1992: To the original text of what has become a classic of American historical literature, Bernard Bailyn adds a substantial essay, "Fulfillment," as a Postscript. Here he discusses the intense, nation-wide debate on the ratification of the Constitution, stressing the continuities between that struggle over the foundations of the national government and the original principles of the Revolution. This detailed study of the persistence of the nation’s ideological origins adds a new dimension to the book and projects its meaning forward into vital current concerns.
Showing posts with label Law School (Con Law). Show all posts
Showing posts with label Law School (Con Law). Show all posts
The Spirits of '76: A Catholic Inquiry
Donald J. D'Elia, The Spirits of '76: A Catholic Inquiry (1983).
From the publisher: In The Spirits of ’76, historian Donald D’Elia offers one of the most original sets of essays ever penned on seven of the greatest founding fathers. D’Elia analyzes the development of his figures’ philosophical and religious convictions. Thomas Jefferson, Benjamin Rush, John Adams, Charles Carroll of Carrollton, George Washington, Alexander Hamilton, and Benjamin Franklin are all presented here in an unusually revealing light.
From the publisher: In The Spirits of ’76, historian Donald D’Elia offers one of the most original sets of essays ever penned on seven of the greatest founding fathers. D’Elia analyzes the development of his figures’ philosophical and religious convictions. Thomas Jefferson, Benjamin Rush, John Adams, Charles Carroll of Carrollton, George Washington, Alexander Hamilton, and Benjamin Franklin are all presented here in an unusually revealing light.
Religion and the American Constitutional Experiment
John Witte, Jr., Religion and the American Constitutional Experiment: Essential Rights and Liberties (Westview 1999).
Steven D. Smith offers a thoughtful and thorough review at First Things. To get a taste, here are the first several paragraphs:
From the Center for the Study of Law and Religion (of which Witte is the Director) comes this brief description:
Steven D. Smith offers a thoughtful and thorough review at First Things. To get a taste, here are the first several paragraphs:
John Witte’s book on religious freedom is a work of impressive erudition and formidable complacency. Witte capably surveys the historical developments preceding the First Amendment and supplies a helpful overview of the often neglected period from the adoption of that amendment through the 1940s, when the Supreme Court invaded the field. Later chapters give interesting details on the history of tax exemptions for church property and also furnish a comparative perspective with a quick look at international human rights law. The book contains a wealth of information about, for example, state constitutional provisions and Supreme Court decisions, much of it accessibly presented in appendices. And the chapters summarizing modern establishment and free exercise clause decisions discuss the central cases, accurately on the whole. If the overall presentation here is a bit convoluted, the problem results in part from the fact that it is hard to present in an orderly and sensible way material that is the opposite of orderly and sensible.
Taken as a sort of primer/reference work, in short, this is a useful book to have on the shelf. But the book promises to be more than that. In his introduction, Witte notes that modern developments in religious freedom "have bred not only frustration about the vast inconsistencies of the American experiment but doubts about its very efficacy." Later he describes our situation as one of "acute crisis." Witte proposes to address this crisis by "return[ing] to first principles" in order to reassess those principles in light of the American experience.
This preview raised my hopes, but I misunderstood what Witte had in mind. I thought that by reassessing first principles, Witte meant something like reexamining the basic assumptions that underlie the modern discourse and decisions concerning religious freedom. That sort of reexamination is sorely needed. Instead, Witte vigorously and uncritically acquiesces in the same old assumptions. He gives us more of what we already have too much of.
From the Center for the Study of Law and Religion (of which Witte is the Director) comes this brief description:
This volume offers a novel reading of the American constitutional experiment in religious liberty. The First Amendment, John Witte Jr. argues, is a synthesis of both the theological convictions and the political calculations of the eighteenth-century American founders. The founders incorporated six interdependent principles into the First Amendment -- liberty of conscience, freedom of exercise, equality of faiths, plurality of confessions, disestablishment of religion, and separation of church and state. Both the nuance and the balance of these six principles have often been lost on current interpreters of the First Amendment. Religion and the American Constitutional Experiment urges a return to the principled approach to religious rights, evident both in the American founding era and in the modern international human rights movement. Witte uses these principles to analyze the free exercise and establishment case law of the last two centuries. He then illustrates the virtues of his principled approach through analysis of the thorny contests over tax exemptions for religions and the role of religion in the public school, among others.
Moral Foundations of Constitutional Thought
Graham Walker, Moral Foundations of Constitutional Thought: Current Problems, Augustinian Solutions (1990).
This book examines constitutional theory on a broad level.
This book examines constitutional theory on a broad level.
What's a Constitution Among Friends?
Craig A. Stern, What's a Constitution Among Friends? - Unbalancing Article III, 146 U. Pa. L. Rev. 1043 (1998).
Professor Stern deals with the modern view that Article III of the United States Constitution cannot be read literally. The experts say that “[s]uch a reading . . . would doom the District of Columbia courts, courts-martial, the welfare state, and more.” As a result, “[C]ourts and commentators have sought to escape the constitutional text by drafting exceptions, striking balances, or proposing Pickwickian readings of Section 1 of Article III.” Stern’s article suggests that “Section 1 of Article III does work, and that Chief Justice Marshall was the vanguard not for escaping the text, but for reading it carefully. Section 1 does not threaten life as we know it in the United States, nor does it threaten even most of the developments thought to run afoul of the Section. Read carefully, Section 1 does provide principled answers for some troublesome questions.” In the process, Stern uses techniques such as reading the actual text of the Constitution and discussing the original meaning of “judicial power.”
Professor Stern deals with the modern view that Article III of the United States Constitution cannot be read literally. The experts say that “[s]uch a reading . . . would doom the District of Columbia courts, courts-martial, the welfare state, and more.” As a result, “[C]ourts and commentators have sought to escape the constitutional text by drafting exceptions, striking balances, or proposing Pickwickian readings of Section 1 of Article III.” Stern’s article suggests that “Section 1 of Article III does work, and that Chief Justice Marshall was the vanguard not for escaping the text, but for reading it carefully. Section 1 does not threaten life as we know it in the United States, nor does it threaten even most of the developments thought to run afoul of the Section. Read carefully, Section 1 does provide principled answers for some troublesome questions.” In the process, Stern uses techniques such as reading the actual text of the Constitution and discussing the original meaning of “judicial power.”
Recapturing the Constitution
Stephen B. Presser, Recapturing the Constitution: Race, Religion, and Abortion Reconsidered (1994).
The author argues that twentieth-century Supreme Court jurisprudence was grounded on secular humanism and faddish cultural doctrines, rather than the rule of law. It seeks to encourage a return to the vision of the framers.
The author argues that twentieth-century Supreme Court jurisprudence was grounded on secular humanism and faddish cultural doctrines, rather than the rule of law. It seeks to encourage a return to the vision of the framers.
Restoring the Constitution
H. Wayne House, ed., Restoring the Constitution: Is Judicial Activism Destroying the Constitution? (Probe 1987).
This volume contains nine essays on the topics “Judicial Restraint and the Nature of the Constitution” and “Perspectives on Constitutional Interpretation.”
This volume contains nine essays on the topics “Judicial Restraint and the Nature of the Constitution” and “Perspectives on Constitutional Interpretation.”
In God's Image
George P. Fletcher, In God's Image: The Religious Imperative of Equality Under Law, 99 Columb. L. Rev. 1608 (1999).
Professor Fletcher explores the “religious foundations for the commitment to equality,” using biblical and philosophical sources. He then briefly evaluates Supreme Court jurisprudence on race, gender, and wealth in light of his equality analysis.
Professor Fletcher explores the “religious foundations for the commitment to equality,” using biblical and philosophical sources. He then briefly evaluates Supreme Court jurisprudence on race, gender, and wealth in light of his equality analysis.
Covenant and Constitutionalism
Daniel J. Elazar, Covenant and Constitutionalism: The Great Frontier and the Matrix of Federal Democracy (1997).
This is volume three in the author’s series, The Covenant Tradition in Politics. This work discusses the biblical idea of “covenant” and the transformation covenant principles through history.
This is volume three in the author’s series, The Covenant Tradition in Politics. This work discusses the biblical idea of “covenant” and the transformation covenant principles through history.
Political Sermons of the American Founding Era
Ellis Sandoz, ed., Political Sermons of the American Founding Era, 1730-1805 (Liberty Fund, 2d ed. 1998).
This two-volume set is an unlikely source of quick guidance to biblical principles applied to the law. At more than 1500 pages, the sermons give flavor, color, and character to the varied themes of religion and politics, rather than law in the late 18th century. There are a good number of sermons that address “rights,” usually freedom or worship or other religious or associational liberties. With the extensive index, however, a little digging will yield some gems relevant to other areas of legal study. There are a number of sermons, for example, examining the duties of the civil magistrate as God’s agent and other related subjects.
This two-volume set is an unlikely source of quick guidance to biblical principles applied to the law. At more than 1500 pages, the sermons give flavor, color, and character to the varied themes of religion and politics, rather than law in the late 18th century. There are a good number of sermons that address “rights,” usually freedom or worship or other religious or associational liberties. With the extensive index, however, a little digging will yield some gems relevant to other areas of legal study. There are a number of sermons, for example, examining the duties of the civil magistrate as God’s agent and other related subjects.
On the Value and Inviolability of Human Life
John Paul II, Encyclical Letter on the Value and Inviolability of Human Life: Evangelium Vitae (1995).
This encyclical addresses, among other things, abortion, euthanasia, and the death penalty. Most important from a legal perspective is its view of the role of the state that leads to Church doctrine on the death penalty (¶¶55-56). In addition, the Pope speaks to political and civic activity of civil leaders, “intellectuals,” and teachers, among others, to create a “culture of life.”
Read this Resource
This encyclical addresses, among other things, abortion, euthanasia, and the death penalty. Most important from a legal perspective is its view of the role of the state that leads to Church doctrine on the death penalty (¶¶55-56). In addition, the Pope speaks to political and civic activity of civil leaders, “intellectuals,” and teachers, among others, to create a “culture of life.”
Read this Resource
Contexts of the Constitution
Neil H. Cogan, Contexts of the Constitution (Foundation Press 1999).
This is a sourcebook of basic texts on the underlying principles of the U.S. Constitution. The materials are grouped by topic: constitutionalism, republicanism and democracy, separation and balance of powers, federalism, equality and rights.
This is a sourcebook of basic texts on the underlying principles of the U.S. Constitution. The materials are grouped by topic: constitutionalism, republicanism and democracy, separation and balance of powers, federalism, equality and rights.
Religious Liberty in Western Thought
Noel B. Reynolds & W. Cole Durham, eds., Religious Liberty in Western Thought (1996).
Another book in the Emory University Studies in Law and Religion series, this book contains ten chapters, collectively tracing the development of religious liberty, in practice and theory, from Marsilius of Padua (early 14th century), through Luther, Calvin, Locke, and others through the American Founding.
Another book in the Emory University Studies in Law and Religion series, this book contains ten chapters, collectively tracing the development of religious liberty, in practice and theory, from Marsilius of Padua (early 14th century), through Luther, Calvin, Locke, and others through the American Founding.
Christianity and the Constitution
John Eidsmoe, Christianity and the Constitution: The Faith of Our Founding Fathers (Baker 1987).
This is more than a simple discussion of the document itself; it is also a history of the religious ideas that shaped it. Part One, “Background,” discusses how Calvinism, Puritanism, and other religious influences shaped early America and the views of the founders. Part Two, “Meet the Founding Fathers,” examines the particular religious beliefs of thirteen founders and delegates to the Constitutional Convention. In Part Three, Professor Eidsmoe examines the Constitution, the Declaration, and the principles reflected in the words of those documents. It is a fine introduction to many important themes, but at 411 pages, it will take some commitment to finish.
This is more than a simple discussion of the document itself; it is also a history of the religious ideas that shaped it. Part One, “Background,” discusses how Calvinism, Puritanism, and other religious influences shaped early America and the views of the founders. Part Two, “Meet the Founding Fathers,” examines the particular religious beliefs of thirteen founders and delegates to the Constitutional Convention. In Part Three, Professor Eidsmoe examines the Constitution, the Declaration, and the principles reflected in the words of those documents. It is a fine introduction to many important themes, but at 411 pages, it will take some commitment to finish.
Debate on the Constitution
Bernard Bailyn, ed., Debate on the Constitution (1967).
This impressive two-volume collection, published by the Library of America, includes speeches, articles, and letters during the ratification debate. The historical context of the letters and articles, including the Federalist Papers, provides unique insight and great reading. Each volume exceeds 1100 pages. The volumes include excellent commentary by Professor Bailyn, chronologies, tables, and a full index.
This impressive two-volume collection, published by the Library of America, includes speeches, articles, and letters during the ratification debate. The historical context of the letters and articles, including the Federalist Papers, provides unique insight and great reading. Each volume exceeds 1100 pages. The volumes include excellent commentary by Professor Bailyn, chronologies, tables, and a full index.
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