Law and Religion in American History

Author: Mark Douglas McGarvie
Publisher: Cambridge University Press
ISBN: 1107150930
Format: PDF, Kindle
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This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark D. McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

Justice in Blue and Gray

Author: Stephen C. Neff
Publisher: Harvard University Press
ISBN: 9780674054363
Format: PDF, Docs
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Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.

Making Foreigners

Author: Kunal M. Parker
Publisher: Cambridge University Press
ISBN: 1107030218
Format: PDF
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Connects the history of immigration with histories of Native Americans, African Americans, women, the poor, Latino/a Americans and Asian Americans.

Scarlett Doesn t Live Here Anymore

Author: Laura F. Edwards
Publisher: University of Illinois Press
ISBN: 9780252072185
Format: PDF, ePub, Mobi
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Focusing on women - white and black, rich and poor - in the nineteenth century South, Laura Edwards reveals a full portrait of women and their political and social roles that reaches far beyond the passive stereotypes of the slave and southern belle. Scarlett Doesn't Live Here Anymore demonstrates how women on every step of the social ladder worked actively throughout the period to shape southern society in ways that fulfilled their hopes for the future. They used the resources at their disposal to fashion their own positive identities, to create the social bonds that sustained them in difficult times, and to express powerful social critiques that helped them make sense of their lives.

The People and Their Peace

Author: Laura F. Edwards
Publisher: UNC Press Books
ISBN: 1469619857
Format: PDF, Docs
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In the half-century following the Revolutionary War, the logic of inequality underwent a profound transformation within the southern legal system. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice. Edwards shows that following the Revolution, the intensely local legal system favored maintaining the "peace," a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. Those without rights--even slaves--had influence within the system because of their positions of subordination, not in spite of them. By the 1830s, however, state leaders had secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. Edwards concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans. Placing slaves, free blacks, and white women at the center of the story, The People and Their Peace recasts traditional narratives of legal and political change and sheds light on key issues in U.S. history, including the persistence of inequality--particularly slavery--in the face of expanding democracy.

Patriots and Cosmopolitans

Author: John Fabian Witt
Publisher: Harvard University Press
ISBN: 0674045289
Format: PDF, Mobi
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Ranging from the founding era to Reconstruction, from the making of the modern state to its post-New Deal limits, John Fabian Witt illuminates the legal and constitutional foundations of American nationhood through the stories of five patriots and critics. In their own way, each of these individuals came up against the power of American national institutions to shape the directions of legal change.

A Nation of Counterfeiters

Author: Stephen Mihm
Publisher: Harvard University Press
ISBN: 0674041011
Format: PDF, ePub, Mobi
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Prior to the Civil War, the United States did not have a single, national currency. Counterfeiters flourished amid this anarchy, putting vast quantities of bogus bills into circulation. Their success, Mihm reveals, is more than an entertaining tale of criminal enterprise: it is the story of the rise of a country defined by freewheeling capitalism and little government control. Mihm shows how eventually the older monetary system was dismantled, along with the counterfeit economy it sustained.

After Appomattox

Author: Gregory P. Downs
Publisher: Harvard University Press
ISBN: 0674426169
Format: PDF, ePub, Docs
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The Civil War did not end with Confederate capitulation in 1865. A second phase commenced which lasted until 1871—not Reconstruction but genuine belligerency whose mission was to crush slavery and create civil and political rights for freed people. But as Gregory Downs shows, military occupation posed its own dilemmas, including near-anarchy.

The Supreme Court s Retreat from Reconstruction

Author: Frank J. Scaturro
Publisher: Greenwood Publishing Group
ISBN: 9780313311055
Format: PDF, Mobi
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Compares the Supreme Court's holdings regarding the Thirteenth, Fourteenth, and Fifteenth Amendments to the framers' own interpretations and examines the resulting distortions of constitutional law, some of which continue to this day.