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Original Understanding: Preconstitutional Sources and the Drafting and Ratification Process

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter considers the various pre-constitutional sources that the Court relies on to discover the original understanding as well as the uses that it has made of material relating to the drafting ... More


A More Effectual Mode of Administration: The Constitution and the Origins of American Public Finance

Max M. Edling

in A Hercules in the Cradle: War, Money, and the American State, 1783-1867

Published in print:
2014
Published Online:
May 2015
ISBN:
9780226181578
eISBN:
9780226181608
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226181608.003.0002
Subject:
History, American History: 19th Century

The Constitution of the United States was first and foremost a reformed compact of union. It replaced the defunct Articles of Confederation with a working central government. In the so-called ... More


The Founding Era, 1774–1791

Robert A. McGuire

in Government & The American Economy: A New History

Published in print:
2007
Published Online:
February 2013
ISBN:
9780226251271
eISBN:
9780226251295
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226251295.003.0003
Subject:
Economics and Finance, Economic History

The U.S. Constitution was designed by America's Founding Fathers, who, together with other political representatives, voted on ratifying it in conventions of the thirteen states. This chapter ... More


Achieving Independence

Mark David Hall

in Roger Sherman and the Creation of the American Republic

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199929849
eISBN:
9780199980574
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199929849.003.0004
Subject:
Religion, Religion and Society

This chapter focuses on Sherman's work in the Continental and Confederation Congresses, particularly his role in drafting and defending the Articles of Confederation. It also explores his revision of ... More


The Founders: A Providentially Guided, Temporally Bound Country

Justin B. Litke

in Twilight of the Republic: Empire and Exceptionalism in the American Political Tradition

Published in print:
2013
Published Online:
January 2014
ISBN:
9780813142203
eISBN:
9780813142234
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813142203.003.0004
Subject:
Political Science, Political Theory

The circumscribed politics of the Puritans persist into the constitutional period, despite changes in the self-conception of the people. Though the nation's founders treat the role of God, the role ... More


American Constitutionalism Defined: Six Seminal Documents

George Athan Billias

in American Constitutionalism Heard Round the World, 1776-1989: A Global Perspective

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814791073
eISBN:
9780814739013
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791073.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines the contribution of each of the six seminal documents of American constitutionalism to nation building. It begins with a discussion of the American Declaration of Independence, ... More


A Friendship Was Formed: 1776—1781

Jeff Broadwater

in Jefferson, Madison, and the Making of the Constitution

Published in print:
2019
Published Online:
May 2020
ISBN:
9781469651019
eISBN:
9781469651033
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469651019.003.0003
Subject:
History, American History: early to 18th Century

In this chapter, which among other things, discusses the adoption of the Articles of Confederation, Jefferson and Madison encounter the major political issues confronting the new republic: allocating ... More


Why Empower States?

Michael J. Glennon and Robert D. Sloane

in Foreign Affairs Federalism: The Myth of National Exclusivity

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199941490
eISBN:
9780199366798
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941490.003.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter introduces the historical evolution of federalism in the United States, beginning with an account of the importance of the changing conceptions of state sovereignty and republicanism in ... More


The Constitutional Choices of 1787 and Their Consequences

Sonia Mittal, Jack N. Rakove, and Barry R. Weingast

in Founding Choices: American Economic Policy in the 1790s

Published in print:
2011
Published Online:
February 2013
ISBN:
9780226384740
eISBN:
9780226384764
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226384764.003.0002
Subject:
Economics and Finance, Economic History

This chapter explains how the founders of America in 1780 sought by means of the Constitution to replace an ineffective national government with one that they hoped, but could not really know, would ... More


Article III Of The Constitution Of The United States

Scott Douglas Gerber

in A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199765874
eISBN:
9780199896875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765874.003.0013
Subject:
Law, Constitutional and Administrative Law, Legal History

Article III, section 1, of the U.S. Constitution contains three provisions designed to ensure the independence of the federal judiciary: the good behavior clause, the compensation clause, and the ... More


Fundamental Concepts

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the following concepts: enumerated and implied powers of the three branches of government; overlapping powers; judicial misconceptions; historical framework; the British model; ... More


Roger Sherman and the Creation of the American Republic

Mark David Hall

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199929849
eISBN:
9780199980574
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199929849.001.0001
Subject:
Religion, Religion and Society

Roger Sherman was the only founder to sign the Declaration and Resolves (1774), Articles of Association (1774), Declaration of Independence (1776), Articles of Confederation (1777, 1778), and ... More


The Setting

David Brian Robertson

in The Original Compromise: What the Constitution’s Framers Were Really Thinking

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199796298
eISBN:
9780199979707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199796298.003.0002
Subject:
Political Science, American Politics

State governments sent prominent leaders to represent them at the Constitutional Convention. These delegates agreed that the nation faced an urgent crisis. The government under the Articles of ... More


Treaties, the Treaty Power, and Executive Agreements

Louis Henkin

in Foreign Affairs and the United States Constitution

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260981
eISBN:
9780191682193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260981.003.0023
Subject:
Law, Constitutional and Administrative Law

For the Constitutional Fathers, the foreign relations of the new Republic depended heavily on treaties being concluded (or not concluded) with other countries; therefore, who should have the power to ... More


Introduction: Uncharted Terrain in Constitutional Amendment

Richard Albert

in Constitutional Amendments: Making, Breaking, and Changing Constitutions

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.003.0001
Subject:
Law, Constitutional and Administrative Law

What is an amendment? This chapter shows why this question is central to the study of constitutional change. Some constitutional changes are identified as amendments but in reality may be more. ... More


Mechanics

David J. Bodenhamer

in The Revolutionary Constitution

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199360444
eISBN:
9780190254339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199360444.003.0004
Subject:
History, American History: Civil War

This chapter discusses the 1787 Philadelphia Convention, which was called to address problems with the Articles of Confederation. The delegates shared common concerns such as the weakness of the ... More


Origins and development of Congress

Ross M. English

in The United States Congress

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719063084
eISBN:
9781781700228
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719063084.003.0001
Subject:
Political Science, American Politics

This chapter takes a look at the origins and development of Congress. It reveals that the Constitution gave Congress the power to make laws for the federal government, the responsibility of ... More


The Abiding Significance of Federalism: the States and Foreign Affairs

Louis Henkin

in Foreign Affairs and the United States Constitution

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260981
eISBN:
9780191682193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260981.003.0021
Subject:
Law, Constitutional and Administrative Law

Even in the Articles of Confederation, the states had left themselves little independent authority in foreign relations, and eliminating that authority was a principal purpose of the Constitutional ... More


“Exigencies,” “Emergencies,” and Adherence to Constitutional Norms (and Settlements)

Sanford Levinson

in Framed: America's 51 Constitutions and the Crisis of Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199890750
eISBN:
9780190260088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199890750.003.0016
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on political “exigencies,” emergencies, and adherence to constitutional norms and settlements. It begins with an overview of the explicit rules set down in the Articles of ... More


The Origins of Treaty Supremacy: 1776–1787

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

When the Constitution’s Framers met in Philadelphia in 1787, one of their primary goals was to persuade European powers that the United States could be trusted to fulfill its international ... More


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