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The Formation and Original Meaning of the Fourth Amendment, 1787–1791

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0024
Subject:
Law, Legal History

This chapter discusses the development of the Fourth Amendment. Between 1787 and 1791, the interaction of political expediency and a centuries-old legacy against unreasonable search and seizure ... More


A Fresh Start: Veto Players, Win Sets, and Constitutional Moments

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0003
Subject:
Political Science, Comparative Politics, UK Politics

Veto players and win sets in a pluralitarian democracy, compared to those in a proportional regime; and in a unitary compared to a federal regime. Duverger's Law. Constitutional moments in the United ... More


The Convention

William Howard Adams

in Gouverneur Morris: An Independent Life

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300099805
eISBN:
9780300127041
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300099805.003.0009
Subject:
History, American History: early to 18th Century

This chapter talks about the document which in retrospect became known as the Constitutional Convention. In January 1786, the Virginia assembly issued an invitation to a conference in Annapolis, ... More


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

David Robertson

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199796298
eISBN:
9780199979707
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199796298.001.0001
Subject:
Political Science, American Politics

This new account of the framing of the Constitution emphasizes the fierce arguments, intricate political dynamics, and multiple compromises that produced it. James Madison and Alexander Hamilton, ... More


Constitutional Law, 1780s

John B. Nann and Morris L. Cohen

in The Yale Law School Guide to Research in American Legal History

Published in print:
2018
Published Online:
May 2019
ISBN:
9780300118537
eISBN:
9780300235685
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300118537.003.0005
Subject:
Law, Legal History

This chapter discusses sources for information about the United States and state constitutions; constitutional conventions, especially the Constitutional Convention of 1787; the ratification of the ... More


“We, the Quarreling People” and the Unfinished Constitution: Contentions of Antislavery Activists, Shaysites, and Antifederalists in the Dynamics of Constitutional Creation

Elizabeth Beaumont

in The Civic Constitution: Civic Visions and Struggles in the Path toward Constitutional Democracy

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.003.0003
Subject:
Political Science, American Politics, Democratization

Chapter 3 reinterprets the eighteenth-century founding by focusing attention on the complex and dynamic interaction of elite and civic voices that shaped the drafting, ratification, and amendment of ... More


No Longer under Cover(ture): Marriage, Divorce, and Gender in the 1868 Constitutional Convention

Karin Zipf

in North Carolinians in the Era of the Civil War and Reconstruction

Published in print:
2008
Published Online:
July 2014
ISBN:
9780807832226
eISBN:
9781469601649
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807837269_escott.10
Subject:
History, American History: Civil War

This chapter shows why delegates had little reason to suspect that divorce petitions would consume a significant portion of the docket when the North Carolina Constitutional Convention assembled in ... More


Government policy after the UWC strike and British–Irish relations, 1974–75

Shaun McDaid

in Template for peace: Northern Ireland, 1972-75

Published in print:
2013
Published Online:
May 2013
ISBN:
9780719086960
eISBN:
9781781705902
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719086960.003.0006
Subject:
Political Science, UK Politics

This chapter examines the British government's Northern Ireland policy after the UWCs strike. A number of options were considered, including repartition, withdrawal and total integration. However, ... More


Interest groups

Paolo Dardanelli

in Between Two Unions: Europeanisation and Scottish Devolution

Published in print:
2006
Published Online:
July 2012
ISBN:
9780719070808
eISBN:
9781781701393
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719070808.003.0007
Subject:
Political Science, European Union

This chapter shows how the interest groups were played differently in the 1980s and beyond than in the 1970s, especially in relation to the European dimension. It reveals that the Church of Scotland ... More


“An Eel by the Tail”

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/9780199929849.003.0005
Subject:
Religion, Religion and Society

This chapter considers in detail Sherman's contributions at the Federal Convention of 1787. Sherman was an effective advocate for a stronger national government possessing carefully enumerated ... 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


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


New Nation and Aged Patriarch

Edwin S. Gaustad

in Benjamin Franklin

Published in print:
2006
Published Online:
October 2011
ISBN:
9780195305357
eISBN:
9780199850662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305357.003.0007
Subject:
History, American History: early to 18th Century

In 1784, Franklin published a brief guide, Information to Those Who Would Remove to America. Here, he offered helpful advice and hinted his own view of the essence of the American experiment. He ... More


Here’s to the Next Time

James Mitchell

in The Scottish Question

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199688654
eISBN:
9780191783173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688654.003.0010
Subject:
History, British and Irish Modern History, Political History

The defeat of devolution in 1979 pushed the Scottish Question to the fringe of politics for a period. But within less than a decade, the question of Scotland’s position in the union had returned to ... More


The Emergent Scottish Constitutional Tradition

W. Elliot Bulmer

in Constituting Scotland: The Scottish National Movement and the Westminster Model

Published in print:
2016
Published Online:
January 2018
ISBN:
9780748697595
eISBN:
9781474427128
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697595.003.0004
Subject:
Society and Culture, Scottish Studies

Continuing the examination of the contextual constraints that would bind Scottish constitution-makers in the event of independence, this chapter discusses the existing political and legal ... More


The Auld Enemies: Scottish Nationalism and Scottish Labour

Gerry Hassan

in The Modern SNP: From Protest to Power

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748639908
eISBN:
9780748672080
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748639908.003.0012
Subject:
Political Science, UK Politics

This chapter describes the Labour–Scottish National Party (SNP) dynamic. ‘Tartan Tory’ found its modern meaning at a time when Labour was struggling to find a credible and relevant message in ... More


You Win Some, You Lose Some: The Various Fortunes of Institutional Reforms in Ireland Since 2011

Camille Bedock

in Reforming Democracy: Institutional Engineering in Western Europe

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198779582
eISBN:
9780191824630
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779582.003.0007
Subject:
Political Science, Comparative Politics

In 2011, Ireland seemed to have all the conditions to enable the redesigning of its institutions. The agenda of institutional reform was both imposed upon Irish elites and utilized by them during ... More


The Preratification Origins of the Unitary Executive Debate and the Decision of 1789

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter aims to briefly summarize the historical events between American independence in 1776 and the Constitutional Convention in 1787 that gave rise to Article II in order to understand the ... More


Slavery in the United States: Persons or Property?

Paul Finkelman

in The Legal Understanding of Slavery: From the Historical to the Contemporary

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660469
eISBN:
9780191745508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660469.003.0007
Subject:
Law, Human Rights and Immigration, Legal History

This chapter studies slavery in the United States, specifically how the Supreme Court and the U.S. Constitution defined and understood it. It first shows how slavery was protected by law due to the ... More


Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0006
Subject:
Law, Legal History

Chapter 5 considers the broader values with which Americans, including nonlawyers, came to invest adversarial procedure. Troubled by the radical economic transformations of the era (including the ... More


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