The historical study of American constitutional law has long rested on a conceptual framework that divides the past into linear units of analysis. Constitutional time unfolds according to discrete eras defined by changes in political leadership and governance, whereas constitutional space typically appears divided into bordered jurisdictions and regional sections. Despite the prominence of this conceptual framework, scholars have yet to ask how, why, and to what effect it became the paradigmatic mode of study. In the absence of close study, the framework instead appears as a neutral embodiment of the constitutional order. This essay offers a preliminary sketch of how theories of knowledge production, and particularly Louis Althusser's theory of law as an ideological apparatus, can help to move beyond this facile assumption. By returning to a selection of landmark judicial opinions and legal treatises from the long nineteenth century and analyzing their discursive practices in relation to the dominant modes of production, this exploratory essay suggests a striking possibility: that the paradigm that we have assumed to be a primordial part of the constitutional order only emerged in its current iteration in the late nineteenth-century shift from a plantation mode of production rooted in enslaved labor to an industrial mode of production rooted in wage labor. As these sources indicate, leading jurists in America's age of conquest and enslavement regularly analyzed questions of state power and rights by organizing time according to chains of title rooted in dispossession based on race and space according to the geographic circuits of capital. Effective in naturalizing the strict racialized hierarchy integral to the production and circulation of export commodities, this discourse of tethering institutions to the history of property acquisition and the movement of commodities began to shift with the formal abolition of slavery and rise of intensive industrialization, as a new generation of legal academics created a paradigm of institutional time and space that, by erasing material histories of structural inequality, made it possible to reconstitute an old social order redicated on racial classifications of whiteness.
Includes bibliographical references and index. ; [1] Constitutional history of Hawaii / by Henry E. Chambers --[2] City government of Baltimore / by Thaddeus P. Thomas -- [3] Colonial origins of New England senates / by F.L. Riley -- [4] Slavery and servitude in North Carolina / by John S. Bassett -- [5] Representation in Virginia / by J.A.C. Chandler -- [6] The history of taxation in Connecticut (1636-1776) / by F.R. Jones -- [7] Slavery in New Jersy / by H.S. Cooley -- [8] Causes of the Maryland revolution of 1689 / by F.E. Sparks. ; Photocopy ; Mode of access: Internet.
--pt. 1. Foundations of American policy.--pt. 2. The formation of state and federal constitutions.--pt. 3. The establishment of the federal government.--pt. 4. The development of national sovereignty.--pt. 5. National sovereignty v. state rights.--pt. 6. The new democracy.--pt. 7. Slavery and the Constitution.--pt. 8. The Constitution and the civil war.--pt. 9. The reconstruction of the Union. ; Mode of access: Internet.
Vols. 1-2 issued in the series of Sessional papers of the Parliament of Canada (1907, 1914); v. 3- issued as appendices to the Report of the Public Archives, 1933- ; Mode of access: Internet. ; Available online through HathiTrust Emergency Access Service. Click the HathiTrust button on the right and log in to access this book online
In this final chapter the author would like to thank Professor Frendo and the members of the panel for providing a context to the historical events that were planned to commemorate through the issuance of five two-euro coins between this year and 2014. Their erudite presentations have enriched our knowledge about a very important phase in Malta 's millennia! History during which our ancestors took decisive steps to assert their commitment to the principles of democratic governance, culminating in Statehood as an independent republic. The author also thanks his colleagues, led by the Director of Financial Services, who not only worked tirelessly to prepare this symposium, but who were also developing a new line of business for the Bank in the shape of a profit centre for the sale of numismatic products. This activity is intrinsically linked to one of the Bank's main functions, namely its responsibility for the issue and management of the nation's currency. ; peer-reviewed
Determinados aspectos de la sociedad norteamericana muestran tener una atracción especial para todo el mundo, al margen de creencias políticas y sociales. A menudo esas características tan familiares son las más frívolas del 'American way', mientras que rasgos más profundos e importantes de esa compleja nación parecen pasar desapercibidos más allá de sus fronteras, aunque su influencia sea manifiesta. La tecnología, negocios, comercio, cultura, etc., actuales están todos profundamente marcados por los 'ways' –maneras– de ese país. Sin duda alguna el sistema constitucional norteamericano es uno de esos 'rasgos ocultos' que, al margen de circunstancias locales y pequeños detalles, es omnipresente en lo que llamamos 'el mundo occidental'. Las respuestas a anteriores trabajos del autor –Orígenes del constitucionalismo americano and Nosotros, el Pueblo de los Estados Unidos–hicieron entrever un posible interés por parte de los estudiantes de Derecho de la Universidad Carlos III de Madrid hacia una asignatura optativa sobre el constitucionalismo norteamericano. De ahí surgió, como manual para ese curso, El constitucionalismo americano. Redactado en siete temas, cubre desde los inicios del siglo XVII y las normas fundamentales que los colonos ingleses llevaron a sus primeros asentamientos, hasta las Enmiendas y decisiones del Tribunal Supremo norteamericano sobre derechos civiles en la segunda mitad del siglo XX. De esta forma, la historia de los Estados Unidos se ha dividido en siete periodos: el periodo colonial británico, la revolución americana, el proceso federalista, las primeras Enmiendas y decisiones del Tribunal Supremo de los Estados Unidos, la guerra civil y la Reconstrucción, la era progresista y el New Deal, y el periodo de los derechos civiles. En cada periodo se estudian algunos de los eventos constitucionales más relevantes y de carácter universal. Cada tema incluye una presentación histórica y jurídica del periodo, seguida de las fuentes primarias relacionadas directamente con los eventos descritos. Suponiendo que los estudiantes a quienes va dirigido el manual podrían no estar muy familiarizados con la historia general de los Estados Unidos, se han añadido unas breves notas biográficas sobre los personajes mencionados en la narrativa. Al ser un manual de trabajo, se han incluido algunas cuestiones sobre los temas tratados para que los estudiantes pueden desarrollar los conocimientos aprendidos. (A título anecdótico, la versión on-line del manual en inglés recibió en 2013 uno de los premios de OpenCourseWare.) Este trabajo ha sido parte de los estudios doctorales del autor. ; Certain attributes of American life hold a special attraction to people all over the world, regardless of their social or political beliefs. Often those familiar features are simple banalities of that 'American way,' while more profound and remarkable traits of that complex nation seem to have gone almost unnoticed outside its borders, although their prevalent influence is evident. Current technology, business ways, commerce, culture, etc., are all deeply marked by that country 'ways.' Unquestionably, the American constitutional system is one of these hidden traits that, regardless of the circumstances, is present all over our –so called– Western world. Nevertheless, it is, for most and to most, unknown. Responses to the previous works by this author –Orígenes del constitucionalismo americano and Nosotros, el Pueblo de los Estados Unidos– hinted of a possible interest by law students at the Universidad Carlos III de Madrid for an elective course on American constitutionalism. Thus, that was the reason behind El constitucionalismo americano, as a textbook for that course. Drafted around seven themes, they cover from the beginning of the seventeenth century and the fundamental laws that English settlers brought with them at their early landings on the American continent, to the constitutional Amendments and U.S. Supreme Court decisions of the second half of the twentieth century. Thus, the history of the United States has been divided into seven periods: the British colonial period; the American Revolution; the Federalist effort; the early Amendments and Supreme Court decisions; the Civil War and Reconstruction era; the Progressive era and the New Deal; and the Civil Rights period. For each period, some of the main relevant constitutional events get analyzed. Each theme includes a historical and legal presentation of the period, followed by the primary sources directly related to the events described. Assuming the targeted students may not be very familiar with the overall history of the United States, brief biographical notes are added for the most prominent personalities mentioned in the narrative. As a textbook, each theme includes a number of questions for the students to develop. (Incidentally, the course made it to OpenCourseWare, where its English version got a somewhat good response, receiving one of the organization's awards for 2013.) This work was part of the author's PhD effort.
Includes index. ; 1. The State -- 2. The Form of Democracy in the Eighteenth Century -- 3. The Organization of Government in the States -- 4. Transition to Independent States -- 5. The Constitutional Elements -- 6. The First Struggle For Sovereignity -- 7. The Political Estate at the Opening of the Nineteenth Century -- 8. The First Migration West -- 9. From The Alleghanies to the Mississippi -- 10. Federal Relations -- Missouri -- 11. Beyond the Mississippi -- 12. A People Without a Country -- 13. Democracy in a Gulf State; 1845 -- Louisiana -- 14. The Basis of Representation -- 15. Elements of Discord in the Commonwealth. ; Mode of access: Internet.
Spain adopted the Constitution of Cádiz in 1812 as a response to the regime of Joseph Bonaparte, which deposed King Ferdinand VII and inspired dissent throughout Spain. Fondly known as La Pepa, the new Spanish constitution would prove short lived—but long influence the course of history and political theory. Indeed, the Constitution of Cádiz was the first truly liberal European document of the kind—drawing on Rousseau, Locke, and Voltaire, it enumerated universal male suffrage, a constitutional monarchy and democratic parliamentary body, and certain social rights previously restricted in largely closed European states. Though the Constitution of Cádiz would crumble by 1814, the immediate influence of this document was felt by New Spain, which would draft its own document and declare the Mexican Federation in 1824. This paper explores the causal link between these two events, applying theory from Rawls, Polanyi, Mill, and The Federalist Papers to determine how each document differs, where parallels emerge, why each failed to last, and how the lessons from Spain and colonial dissent encouraged Mexico to federate. By offering a textual comparison of each document and weaving in anecdotes from history, this paper provides a robust assessment of two quintessential documents for modern political theory and liberal thought in both Europe and Latin America.
Spain adopted the Constitution of Cádiz in 1812 as a response to the regime of Joseph Bonaparte, which deposed King Ferdinand VII and inspired dissent throughout Spain. Fondly known as La Pepa, the new Spanish constitution would prove short lived—but long influence the course of history and political theory. Indeed, the Constitution of Cádiz was the first truly liberal European document of the kind—drawing on Rousseau, Locke, and Voltaire, it enumerated universal male suffrage, a constitutional monarchy and democratic parliamentary body, and certain social rights previously restricted in largely closed European states. Though the Constitution of Cádiz would crumble by 1814, the immediate influence of this document was felt by New Spain, which would draft its own document and declare the Mexican Federation in 1824. This paper explores the causal link between these two events, applying theory from Rawls, Polanyi, Mill, and The Federalist Papers to determine how each document differs, where parallels emerge, why each failed to last, and how the lessons from Spain and colonial dissent encouraged Mexico to federate. By offering a textual comparison of each document and weaving in anecdotes from history, this paper provides a robust assessment of two quintessential documents for modern political theory and liberal thought in both Europe and Latin America.
New impression ; Henson, H. The early English constitution.--Ashley, W.J. Feudalism.--Oman, C.W.C. The Anglo-Norman and Angevin administrative system (1100-1265)--Medley, D. J. Parliament.--Hassall, A. Constitutional kingship (1399-1485)--Wakeman, H. O. The influence of the church upon the development of the state. ; Mode of access: Internet.
The way in which Independence was achieved for Malta in 1964 was the result of a masterpiece of political manoeuvre. Prime Minister Borg Olivier was in earnest, but had to be engaged in political contests on at least three fronts: that with the British Government, that with the Labour Opposition and that with the Opposition offered by the three other non-Labour parties represented in Parliament. On the content and structure of the Independence constitution he had to produce a draft document acceptable to the United Kingdom Government, because the Independence Act would have to emanate from there, and acceptable also to the three minor parties, who would be expected to add their votes for the approval of the Statute by our Parliament. The Labour Opposition had to be utilised as the component of the Maltese electorate that could seal the question as to whether Independence should happen immediately, but if the famous six points which contained their objections were to be received, that would lose the consent of the three other parties, and a substantial part of the Nationalist Electorate. ; peer-reviewed
On 23 June 2011 the Central Bank of Malta hosted a high level symposium in Valletta on the occasion of the launch of the first in a series of five €2 coins commemorating landmarks in Maltese constitutional history. The speakers comprised Chief Justice Emeritus John J. Cremona, who had drafted the Malta Independence constitution of 1964, and President Emeritus Dr Ugo Mifsud Bonnici, who played a pivotal role in the negotiations to modify this constitution essentially by changing its model from that of a Constitutional Monarchy to one of a Republic in 1974. Both these distinguished panellists, therefore, spoke to a large extent from direct personal experience. The two other speakers were necessarily more academic in their presentations because they very validly discussed earlier constitutions, well beyond living memory. Dr Sergio Portelli, a university lecturer who holds a doctorate in Italian, spoke about the 1849 constitution, its Risorgimento associations and its aftermath, drawing to some extent on his doctoral thesis on a history of Italian language journalism in Malta. Dr Albert Ganado, a former president of the Malta Historical Society and very well versed in modern Maltese history, I asked to discuss the advent of representative government in 1887, through what some have called the 'Holland' constitution, a reference Sir Henry Holland (later Baron Knutsford) , who was the secretary of state for the colonies in London at the time that it was conceded, after a sustained and increasingly bitter nationalist struggle. This was a progressive development, allowing the Maltese a majority of elected members on the Council of Government - but, alas, not such a lasting one, as it would be withdrawn in 1903 when political viewpoints and attitudes came to a head and became irreconcilable. ; peer-reviewed
Issued also as thesis (PH. D.) University of California, 1917. ; Includes index. ; Bibliography: p. [197]-209. ; Events leading to the purchase -- The constitutional right to acquire territory : contemporary opinion -- The status of the acquired territory : contemporary opinion -- The debate on the treaty : the treaty-making power -- The debate on the treaty : (1) the right to acquire territory. (2) status of the acquired territory. (3) commercial privileges under the treaty -- The government of the acquired territory -- The debate in the Senate on the Louisiana government bill -- The Louisiana government bill in the house -- Problems on territorial government -- Demands for statehood and the question of West Florida -- Admission to statehood. ; Mode of access: Internet.
"All except the first, the longest of these papers, have appeared elsewhere in print." - Pref. ; The power of the court to declare a law unconstitutional -- The significance of political parties -- Political parties and popular government -- Social compact and constitutional construction -- A written constitution in some of its historical aspects. ; Mode of access: Internet.
The power of a court to declare a law unconstitutional.-The significance of political parties.-Political parties and popular government.-Social compact and constitutional construction.-A written constitution in some of its historical aspects. ; Mode of access: Internet.
