English Constitutional History

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

The complete texts of the documents that tell the story of the clashes and compromises that gave birth to the Unites States of America. Should the members of the government be elected by direct vote of the people? Should the government be headed by a single executive, and how powerful should that executive be? Should immigrants be allowed into the United States? How should judges be appointed? What human rights should be safe from government infringement? In 1787, these important questions and others were raised as the states debated the merits of the proposed Constitution.

So much of the debate about the Second Amendment is in scholarly journals and academic papers written by scholars and judges, or directed towards other scholars, law professors, attorneys, and judges. Trying to wade through the extensive footnotes and references to legal cases and historical precedents known only to the academic elite is more than enough to make anyone feel hopeless.

Though the Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Informed by the latest scholarship and exploring the major themes that have shaped American constitutional history: federalism, the balance of powers, property, representation, equality, rights, and security, this book places constitutional history within the context of American political and social history. As our nation's circumstances have changed, so has our Constitution.

Forces, foreign and domestic, are attacking the United States and her Constitution. Their goal? To undermine our founding history and national character. The Declaration of Independence claimed our rights; the Constitution defends them. To stand against tyrannical forces that seek to destroy our freedom, we must learn from history.

Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.

All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the US democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution - these are matters for heated debate.

The Federalist Frontier traces the development of Federalist policies and the Federalist Party in the first three states of the Northwest Territory - Ohio, Indiana, and Illinois - from the nation’s first years until the rise of the Second Party System in the 1820s and 1830s. Kristopher Maulden argues that Federalists originated many of the policies and institutions that helped the young United States government take a leading role in the American people’s expansion and settlement westward across the Appalachians.

In A Constitutional Culture, Adrian Chastain Weimer uncovers the story of how more than a hundred years before the American Revolution, colonists pledged their lives and livelihoods to the defense of local political institutions against arbitrary rule.

Since America's founding, the US Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute.

You are there, in 1787 at America's constitutional convention, with the inside story as veteran print and broadcast journalist Jeffrey St. John "reports" each day's proceedings, flavoring his dispatches with quotes from private correspondence and notes of the delegates.

An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation.

What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop.

In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

By 1787, it became evident that the Articles of Confederation were inadequate for the new nation. With these problems hampering the national government under the Articles of Confederation and the threat of default on the nation's massive war debt looming, plans began being made to fix the problems of the Articles of Confederation. Thus, that summer, a Constitutional convention was called, and each state sent delegates to Philadelphia. Among the delegates were prominent patriots and former members of the Continental Congress, including George Washington and Benjamin Franklin.