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Reconstructing Reconstruction

Author: Pamela Brandwein
Publisher: Duke University Press
ISBN: 9780822323167
Size: 54.26 MB
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Was slavery over when slaves gained formal emancipation? Was it over when the social, economic, and political situation for African Americans no longer mimicked the conditions of slavery? If the Thirteenth Amendment abolished it in 1865, why did most of the disputed points during the Reconstruction debates of 1866-75 concern issues of slavery? In this book Pamela Brandwein examines the post-Civil War struggle between competing political and legal interpretations of slavery and Reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, Reconstructing Reconstruction will interest legal historians and scholars of constitutional law, American history, race and ethnicity, political theory, and the sociology of law.

The American Supreme Court

Author: Robert G. McCloskey
Publisher: University of Chicago Press
ISBN: 0226556832
Size: 31.68 MB
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Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

Rethinking The Judicial Settlement Of Reconstruction

Author: Pamela Brandwein
Publisher: Cambridge University Press
ISBN: 1139496964
Size: 56.96 MB
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American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

Packing The Court

Author: James Macgregor Burns
Publisher: Penguin
ISBN: 1101081902
Size: 33.93 MB
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From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

The Body Politic

Author: Catherine A. Holland
Publisher: Psychology Press
ISBN: 9780415928816
Size: 68.87 MB
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This work advances an original thesis that challenges the dominant schools of thought concerning the liberal tradition in the US.

Claiming The Union

Author: Susanna Michele Lee
Publisher: Cambridge University Press
ISBN: 1107015324
Size: 47.35 MB
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This book examines Southerners' claims to loyal citizenship in the reunited nation after the American Civil War. Southerners - male and female; elite and non-elite; white, black, and American Indian - disagreed with the federal government over the obligations citizens owed to their nation and the obligations the nation owed to its citizens. Susanna Michele Lee explores these clashes through the operations of the Southern Claims Commission, a federal body that rewarded compensation for wartime losses to Southerners who proved that they had been loyal citizens of the Union. Lee argues that Southerners forced the federal government to consider how white men who had not been soldiers and voters, and women and racial minorities who had not been allowed to serve in those capacities, could also qualify as loyal citizens. Postwar considerations of the former Confederacy potentially demanded a reconceptualization of citizenship that replaced exclusions by race and gender with inclusions according to loyalty.

The Complete American Constitutionalism Volume One

Author: Howard Gillman
Publisher: Oxford University Press, USA
ISBN: 0190237627
Size: 29.87 MB
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The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.

Race And American Political Development

Author: Joseph E. Lowndes
Publisher: Routledge
ISBN: 1136086420
Size: 35.76 MB
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Race has been present at every critical moment in American political development, shaping political institutions, political discourse, public policy, and its denizens’ political identities. But because of the nature of race—its evolving and dynamic status as a structure of inequality, a political organizing principle, an ideology, and a system of power—we must study the politics of race historically, institutionally, and discursively. Covering more than three hundred years of American political history from the founding to the contemporary moment, the contributors in this volume make this extended argument. Together, they provide an understanding of American politics that challenges our conventional disciplinary tools of studying politics and our conservative political moment’s dominant narrative of racial progress. This volume, the first to collect essays on the role of race in American political history and development, resituates race in American politics as an issue for sustained and broadened critical attention.

Interpretation And Method

Author: Dvora Yanow
Publisher: Routledge
ISBN: 1317467361
Size: 30.61 MB
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Exceptionally clear and well-written chapters provide engaging discussions of the methods of accessing, generating, and analyzing social science data, using methods ranging from reflexive historical analysis to critical ethnography. Reflecting on their own research experiences, the contributors offer an inside, applied perspective on how research topics, evidence, and methods intertwine to produce knowledge in the social sciences.