A View of the Constitution of the United States of America

Book Description

Rawle, William. A View of the Constitution of the United States of America. Second Edition. Philadelphia: Philip H. Nicklin, 1829. viii, 349 pp. Reprint available 2003 by The Lawbook Exchange, Ltd. LCCN 2002044387. ISBN 1-58477-331-6. Cloth. $75. This treatise is one of the earliest works on the subject of the United States Constitution, and one of the most important. Rawle presents the view that states have a legal right to secede from the union. Cohen observes that the popularity of this text, which was used at West Point and other schools throughout the country, "is generally considered to have influenced the leaders and supporters of the Confederacy, although in fact Rawle opposed secession." Cohen, Bibliography of Early American Law 2893. Rawle [1759-1836] was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator.

Average customer rating:

If you think Dubya should be impeached...
An interesting read with some problems
Highly Recommended
Popular legal history at its best
Great Book, but heavy history

Lincoln's Constitution
Daniel A. Farber
Manufacturer: University Of Chicago Press
ProductGroup: Book
Binding: Hardcover

General | Americas | History | Subjects | Books

General | World | History | Subjects | Books

General | Constitutional Law | Law | Subjects | Books

General | Law | Subjects | Books

Legal History | Perspectives on Law | Law | Subjects | Books

ASIN: 0226237931

Book Description

In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.

Customer Reviews:

If you think Dubya should be impeached..........2007-07-11

REad this book. It will make you realize that some President's have gone much farther in their goal to make America safe and protect the Constitution. Of course Lincoln's example may not always be the best guide to PResidential actions.

An interesting read with some problems.......2005-01-08

My actual rating would be 3.5 if possible because the book is somewhere between good and very good. I've long been interested in the relationship between the Civil War and the Constitution. At its base the Civil War was a constitutional struggle between two ideologies: the compact theory and the popular theory of the nature of the Constitution. Ultimately this conflict could not be resolved through politics and war became necessary.

The best part of Farber's book is the first half dealing with secession. Farber examines the debate over states' rights and ultimately secession from the Founding up to the actual secession of 1860. By doing this, Farber shows that both sides of the debate had valid historical support for their theories, though he personally sides with Lincoln. All in all, this section provides a clear, concise presentation of secession and its history.

My problem with this book comes from Farber's intent to retroactively validate the constitutionality of Lincoln's presidential power. Lincoln used presidential power in unprecedented ways. Farber notes that the exercise of presidential power had been practically non-existent, with Jackson being the only user of it in a significant manner, and, even then, it did not approach Lincoln's actions. Farber presents Lincoln's theories and support that he gave for his actions, but he goes further and uses subsequent development in executive power to validate most of Lincoln's actions. The problem with this is that in many ways it was the experience under Lincoln that shaped our evolving understanding of executive authority. For example, the three cases from the late 19th century were clearly influenced by Lincoln and the Civil War experience. Farber quotes from Jackson's Youngstown concurrence, but he should consider Frankfurter's opinion. Frankfurter noted that our understanding of the war and presidential powers have been substantially influenced by historical development and political understandings outside of Court opinions. Fundamentally, our understanding of the president's power starts with Lincoln and using subsequent developments built upon Lincoln's actions to validate those actions is akin to using the Equal Protection Clause to retroactively validate the Emancipation Proclamation.

In its entirety, I found the book thought-provoking. It provides an interesting presentation of the constitutional issues involved in the Civil War and Farber supports his position compellingly, though I find holes in some of it.

Highly Recommended.......2003-09-27

The Civil War was, at its heart, a constitutional struggle. Although it was fought out on bloody battlefields, the causes for which the opposing armies risked their lives were starkly different views of fundamental legal principles. As the war raged on, Abraham Lincoln and Jefferson Davis came to symbolize the two sides of the constitutional debate, but their voices were only parts of a great chorus that, at various times, included Hamilton and Jefferson, Wilson and Madison, Clay, Calhoun, Webster, Jackson, Douglas, and even the irresolute James Buchanan. The overriding constitutional question, of course, was whether a state could lawfully secede from the Union. But this great question was intertwined with other fundamental questions: Did the Constitution create a national government for the benefit of "the people of the United States" or a mere league or compact of independent states? To what extent did the Constitution protect slavery and slave owners against the anti-slavery agitation of northerners? What action, if any, could the United States government (and particularly its chief executive) properly take in response to the military challenge of secession?
Farber addresses all these questions, and many more. He is a legal scholar with impressive credentials. More than that, he is a historian who understands the importance of using history in constitutional interpretation. In seeking answers to the thorny constitutional problems expressed in the war, he weighs the contrary arguments, explores their strengths and weaknesses, and offers nuanced analyses. He believes, for example, that the South's claim to the right of secession was wrong, but that it was not a frivolous claim. He believes that Lincoln's responses to the war were, on the whole, firmly within his constitutional authority, although he did occasionally stray into unconstitutional action. The remarkable fact about Lincoln's conduct of the war, Farber believes, is that the President was able to maintain a sense of perspective. He clearly saw that "the times demanded extraordinary measures," but he did not forget that "the long-term goal was not merely to crush the rebellion but to save the nation as a bastion of liberty."
Many academics are, to put it kindly, miserable writers who cannot escape the straight-jackets of narrowly departmentalized thinking and crabbed professional jargon. Farber is a refreshing exception. He writes clearly, concisely, and gracefully. His prose should be a model for all academic writers.
It has been a long time since I have enjoyed a book so much. I highly recommend "Lincoln's Constitution" to all who seek a greater understanding of the great legal principles that lay just below the surface of the bloodiest war in American history.

Popular legal history at its best.......2003-06-18

"Lincoln's Constitution" first examines the Constitution as Lincoln found it at the beginning of his administration, with emphasis on state - federal relations, including the right of secession. Like most modern legal scholars, Prof. Faber clearly sides with Lincoln on this (and most other constitutional issues), but he is also careful to show that believers in states' rights and secession had good historical reasons for their views. With this background, the author then examines the Constitutional issues Lincoln faced in dealing with the unprecedented challenge of waging the Civil War. Here the focus shifts to presidential war powers and civil liberties in time of war. The author points out where Lincoln was right (in light of later precedents) and where he was wrong. Again, the views of both his supporters and his critics are fully examined. Finally, Faber clearly explains the relevance of all these issues for citizens of our own time.
Authoritative, up-to-date and balanced, "Lincoln's Constitution" is an essential supplement to J.G. Randall's classic (but now dated) "Constitutional Problems Under Lincoln."

Great Book, but heavy history.......2003-05-13

Being interested in the legality of Lincoln calling on troops to supress a domestic and not a foreign threat is appealing to me, since it was, what I thought, a violation of the powers of the presidency. Grabbing this, I thought it might bring aboveboard his actions. The title is somewhat deceieving in that the first 4 1/2 chapters discuss the founding fathers and their ideaology on various presidential powers and states' rights: intriguing to read, but way too much history of the constitutional debates. Finishing the book, I came to realize this was the author's way of defending his conclusions: that Lincoln did not abuse his powers and acted within the bounderies of constitutional law (though the last chapter discussing Lincoln's enfringement on Free Speech is hard to swallow as legal.) Still a fascinating read on the topic of constitutional power,that is just as important today as it was then.

Average customer rating:

A shaply focused look from another angle
A Clear View
reads like a first draft rather than a complete book
Deplorable History
Interesting book

America Declares Independence
Alan Dershowitz
Manufacturer: Wiley
ProductGroup: Book
Binding: Hardcover

General | Americas | History | Subjects | Books

Constitutions | Government | Nonfiction | Subjects | Books

All Amazon Upgrade | Amazon Upgrade | Stores | Books

History | Amazon Upgrade | Stores | Books

Nonfiction | Amazon Upgrade | Stores | Books
Similar Items:

ASIN: 0471264822

Book Description

The Declaration of Independence as you've never seen it before

Some of us cherish it with near-scriptural reverence. Others simply take it for granted. In this contentious new look at the Declaration of Independence, however, celebrated attorney Alan Dershowitz takes "America's birth certificate" and its principal author, Thomas Jefferson, to task.

Dershowitz searches for the sources, history, and underlying reasoning that produced the Declaration and its particular language, from its reference to the "Laws of Nature and Nature's God" through the long list of complaints against the abuses of King George III. He points out contradictions within the document, notes how the meanings of Jefferson's words have changed over the centuries, and asks many disturbing questions, including:

Where do rights come from?
Do we have "unalienable rights"?
Do rights to "life, liberty, and the pursuit of happiness" have any meaning?
How could slaveowners claim to believe that "all men are created equal"?
Is the God of the Declaration the God of the Bible?
Does the Declaration establish a Christian State?
Are there "Laws of Nature and of Nature's God"?

Challenging, upsetting, and controversial, this brilliant polemic may anger you, delight you, or force you to reexamine your opinions. One thing's for sure: after reading America Declares Independence, you'll never take the Declaration of Independence for granted again.

Customer Reviews:

A shaply focused look from another angle.......2006-01-22

This book will really make you think about the "real" meaning of words in important documents used by Jefferson and others (you would expect that from lawyer at Harvard). Maybe Professor Dershowitz really ends up making a case that we are united under many different "Gods"? But I am not really sure about that. And reading this book a second time will not help. I subtract two stars because the author did not convince about anything.

A Clear View.......2003-11-26

Many may not agree with what this author has to say, but as an historian, I think he has done a superb job delineating the true origins and motivations that went into the writing of America's founding documents. this is an excelent resource to have around if you are confronting right wing fundamentalists who think God founded America.

reads like a first draft rather than a complete book.......2003-11-10

Dershowitz has some interesting ideas, but does not flesh them out as fully as he could (especially in the first third of the book, focusing on the religious origins of the Declaration). All too often, instead of taking a full quote from Jefferson or Adams and interpreting it, he borrows a few words from some other historian's characterization of what Jefferson thought. As a result, this book is likely to persuade only those who already agree with him; I sense that the publishers made him finish this book a bit too quickly.

But Dershowitz's dissection of natural law in the second half of the book is a little more persuasive, because he relies on logic rather than on inadequate research.

Deplorable History.......2003-06-25

Alan Dershowitz has really outdone himself this time. Although it is true that the "Nature's God" of the Declaration of Independence is not the god of the Bible, and that Jefferson was a Deist,is true overall this book is awful. The most telling feature of this book is Dershowitz's politically correct deconstructionist attack on the concept of natural rights and his assault on Thomas Jefferson.

Dershowitz ridicules the concept of people being born with inherent rights to "life, liberty, and the pursuit of happiness". he believes rights are "man made" and have no sacred meaning. He trashed the Declaration's author in the typical modern bolshevik manner by applying the standards of the 21st century to the 18th. He clearly sets out to demolish natural law and the entire tradition of Anglo American libertarian ideals of which Thomas Jefferson was a subscriber. It is amazing that a man like Dershowitz can be so brazen and hypocritical in his evaluation of Jefferson. Dershowitz, critical of Jefferson on slavery, supports "torturing" terrorist suspects, and is a rabid supporter of Isreali despotism in the Middle East.

This book show how degenerate the entire history profession has become and how any evaluation of our Founding should be viewed with a jaundiced eye. Overall a horrible piece of nonsense.

Interesting book.......2003-06-21

One the most difficult things to figure out when examining the life of Thomas Jefferson is why he could write such powerful documents, full of respect for human life and human dignity, and still own, at one period of his life, 267 slaves. The author of this book attempts to explain and conjecture his reasons for this, and other things of more relevance to the present time. The author's main emphasis is to negate an idea held in his view by the "Religious Right", namely that the United States is a "Christian country" and was intended to be so by the framers of the Declaration of Independence and the Constitution. He does so successfully, and gives ample historical references for his arguments. However, individuals like Jerry Falwell and Pat Robertson cannot be said to represent the entire "Religious Right", even if they claim to, and even if this claim is imputed to them by the author. And further, even though the author has refuted their arguments about the Christian nature of the founding documents, this still does not refute the claim that the United States "should" be a Christian nation. The "Religious Right"could perhaps acknowledge the arguments of the author as true and then consequently advocate the founding documents be rejected and a Christian nation be formed. This has not been suggested yet by the "Religious Right" (that I have heard), but could be in the near future. Religion and toleration are usually immiscible, and if backed into a corner, religion has throughout history proven itself extremely dangerous and has exhibited brutality going beyond all rational bounds.

America's Caesar: Abraham Lincoln and the birth of a modern empire : an iconoclastic inquiry into popular history containing a defense of the principles ... in the unconstitutional war of 1861-65

Average customer rating:

America's second King George

America's Caesar: Abraham Lincoln and the birth of a modern empire : an iconoclastic inquiry into popular history containing a defense of the principles ... in the unconstitutional war of 1861-65
Greg Loren Durand
Manufacturer: Crown Rights Book Co
ProductGroup: Book
Binding: Unknown Binding
ASIN: B0006RHYXI

Customer Reviews:

America's second King George.......2005-01-11

An eye opener. The Abraham Lincoln we were taught to revere is actually the percursor of Slobodon Milosovic and other like-minded dictators who usurped their authority. Loren shows with unerring proof how Lincoln rode roughshod over the Constitution and the sovereignty of the states and the people. He, acting on behalf of the Federal government, became the sovereign and the people and the states reverted to the status of subjects as in the era of King George before the American Revolution. As Rome under Julius Caesar became ever after a dictatorship so did the United States but in a more subtle way. When the Civil War ended the sovereignty of the states as agreed upon in Philadelpia, the Federal government became the American Sovereign thus ending the short span of true democracy in America. No wonder Booth cried "Sic semper, tyrannis rex!"

A Comparative View Of The Constitutions Of Great Britain And The United States Of America: In Six Lectures

Average customer rating:

A Comparative View Of The Constitutions Of Great Britain And The United States Of America: In Six Lectures
Peter Freeland Aiken
Manufacturer: Kessinger Publishing, LLC
ProductGroup: Book
Binding: Paperback

Non-US Legal Systems | Perspectives on Law | Law | Subjects | Books

General | Politics | Nonfiction | Subjects | Books
ASIN: 1432642146

Book Description

This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.

A general view of the United States of America: With an appendix containing the Constitution. The tariff of duties. The laws of patents and copyrights, &c

Average customer rating:

A general view of the United States of America: With an appendix containing the Constitution. The tariff of duties. The laws of patents and copyrights, &c
O Rich
Manufacturer: O. Rich
ProductGroup: Book
Binding: Unknown Binding

The Legacy of Andrew Jackson: Essays on Democracy, Indian Removal, and Slavery (Walter Lynwood Fleming Lectures in Southern History)

Average customer rating:

The Legacy of Andrew Jackson: Essays on Democracy, Indian Removal, and Slavery (Walter Lynwood Fleming Lectures in Southern History)
Robert V. Remini
Manufacturer: Louisiana State Univ Pr
ProductGroup: Book
Binding: Hardcover

Constitutions | Government | Nonfiction | Subjects | Books
Similar Items:

ASIN: 0807114073

Madison on the "General Welfare" of America

Average customer rating:

Madison on the "General Welfare" of America
Leonard Sorenson
Manufacturer: Rowman & Littlefield Publishers, Inc.
ProductGroup: Book
Binding: Hardcover

Constitutions | Government | Nonfiction | Subjects | Books

Political | Philosophy | Nonfiction | Subjects | Books

General | Politics | Nonfiction | Subjects | Books

Civil Procedure | Procedures & Litigation | Law | Subjects | Books

General | Constitutional Law | Law | Subjects | Books

General | Law | Subjects | Books

Book Description

Though the words "General Welfare" appear only twice in the U.S. Constitution, James Madison believed that his greatest task was his contribution to the debate over their meaning, which he saw as fundamental to understanding the proper ends of the federal government. This groundbreaking study refutes scholarly and Supreme Court opinions of Madison's teaching on constitutional power to provide for the "General Welfare," and sheds new light on his understanding of other key provisions of the Constitution, such as federalism, republican government, and separation of powers. Sorenson reveals a coherent Madisonian philosophy that prefigured Tocqueville's view of the importance of federalism and local government and challenges the judicial understanding of "General Welfare" that produced the national welfare state.

Bacon's guide to American politics, or, A complete view of the fundamental principles of the national & state governments, with the respective powers of each

Average customer rating:

Bacon's guide to American politics, or, A complete view of the fundamental principles of the national & state governments, with the respective powers of each
G. W Bacon
Manufacturer: Sampson Low
ProductGroup: Book
Binding: Unknown Binding
ASIN: B00089NINO

The early influence of the United States Constitution in the Western Hemisphere : the cases of the Mexican Constitution of 1824 and Bolivar's ideas (Center discussion paper series)

Average customer rating:

The early influence of the United States Constitution in the Western Hemisphere : the cases of the Mexican Constitution of 1824 and Bolivar's ideas (Center discussion paper series)
Robert J Knowlton
Manufacturer: University of Wisconsin--Milwaukee, Center for Latin America
ProductGroup: Book
Binding: Unknown Binding
ASIN: B00071OZ6W

Average customer rating:
Equipment for Vector Control
World Health Organization
Manufacturer: World Health Organization
ProductGroup: Book
Binding: Paperback

Horticulture | Agricultural Sciences | Science | Subjects | Books
General | Agricultural Sciences | Professional Science | Professional & Technical | Subjects | Books
ASIN: 9241540354

Average customer rating:
Making the Case against the biting midge: evidence is building that the biting midge, Culicoides sonorensis, is a vector of vesicular stomatitis virus ... An article from: Agricultural Research
Rosalie Marion Bliss
Manufacturer: U.S. Government Printing Office
ProductGroup: Book
Binding: Digital

Biotechnology | Bioengineering | Engineering | Professional & Technical | Subjects | Books
ASIN: B000AJQ3FM
Release Date: 2006-07-14

Book Description

This digital document is an article from Agricultural Research, published by U.S. Government Printing Office on April 1, 2005. The length of the article is 588 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Making the Case against the biting midge: evidence is building that the biting midge, Culicoides sonorensis, is a vector of vesicular stomatitis virus (VSV), which causes significant economic losses in cattle, horses, and swine.
Author: Rosalie Marion Bliss
Publication: Agricultural Research (Refereed)
Date: April 1, 2005
Publisher: U.S. Government Printing Office
Volume: 53 Issue: 4 Page: 22(1)

Distributed by Thomson Gale

Design of power electronics for TVC & EMA systems final report (SuDoc NAS 1.26:196540)

Average customer rating:

Design of power electronics for TVC & EMA systems final report (SuDoc NAS 1.26:196540)
R. M. Nelms
Manufacturer: National Aeronautics and Space Administration National Technical Information Service, distributor
ProductGroup: Book
Binding: Unknown Binding

Average customer rating:

Equipment for Vector Control
World Health Organisation
Manufacturer: World Health Organization
ProductGroup: Book
Binding: Paperback

General | Health, Mind & Body | Subjects | Books
ASIN: 9241544031

The maintenance, operation vectors, and construction matrices of the Bechtel Energy Industries with special energy calculations on pollution control equipment (ERG document)

Average customer rating:

The maintenance, operation vectors, and construction matrices of the Bechtel Energy Industries with special energy calculations on pollution control equipment (ERG document)
Paul Champagne
Manufacturer: Energy Research Group, Office of Vice Chasncellor for Research, University of Illinois at Urbana-Champaign
ProductGroup: Book
Binding: Unknown Binding
ASIN: B0006Y838Q

Pesticide Application Equipment for Vector Control (Technical Report)

Average customer rating:

Pesticide Application Equipment for Vector Control (Technical Report)
WHO Expert Committee on Vector Biology and Control
Manufacturer: World Health Organization
ProductGroup: Book
Binding: Paperback

General | Health, Mind & Body | Subjects | Books

Insecticides & Pesticides | Agricultural Sciences | Science | Subjects | Books
ASIN: 9241207914

Test stand for precise measurement of impulse and thrust vector of small attitude control jets (NASA technical note)

Average customer rating:

Test stand for precise measurement of impulse and thrust vector of small attitude control jets (NASA technical note)
James R Woodruff
Manufacturer: For sale by the National Technical Information Service]
ProductGroup: Book
Binding: Unknown Binding

Books:

Books Index

Books Home

Recommended Books