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Fusion Republicanism

Nancy L. Rosenblum

in Debating Democracy's Discontent: Essays on American Politics, Law, and Public Philosophy

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198294962
eISBN:
9780191598708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294964.003.0022
Subject:
Political Science, Political Theory

“Fusion republicanism” is a fluid mix of democratic ideology, potential militancy, and invocation of civic virtue prevalent in American political life, a conglomeration of disparate elements of ... More


Judicial Review: The Meaning of the Judicial Power

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter applies the concepts of interpretation and construction to the contentious issue of judicial review and examines the originalist evidence that overwhelmingly supports the judicial power ... More


One Among Many: The United States and National Unification

Carl N. Degler

in The Gettysburg Lectures

Published in print:
1994
Published Online:
October 2011
ISBN:
9780195089110
eISBN:
9780199853830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195089110.003.0004
Subject:
History, American History: 19th Century

This chapter introduces the panorama of nation-building amidst a time when America was facing a civil war of independence. Lincoln believed that the Union of 1787 had created a nation that was ... More


Prohibition, the Constitution, and States' Rights

Sean Beienburg

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226631943
eISBN:
9780226632278
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226632278.001.0001
Subject:
Political Science, American Politics

This book tells the story of the states’ fight against national prohibition from before the passage of the Eighteenth Amendment through its repeal. It offers the most comprehensive treatment of the ... More


Democracy in the Court: Lay Contributions to Justice

Albert W. Dzur

in Punishment, Participatory Democracy, and the Jury

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199874095
eISBN:
9780199980024
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199874095.003.0005
Subject:
Political Science, Political Theory

As demonstrated in the previous chapter, a core strand of political thought emphasizes citizen attentiveness and attachment to the law as stabilizing and legitimating forces. To develop these points ... More


Reviving the Jury: Active Juries, Juror Activism, and Institutional Change

Albert W. Dzur

in Punishment, Participatory Democracy, and the Jury

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199874095
eISBN:
9780199980024
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199874095.003.0007
Subject:
Political Science, Political Theory

How can the jury—or something like it—increase its standing within criminal justice? The American Bar Association and other organizations concerned about the jury’s decline have urged a “more active ... More


The Triumph of the Antebellum Free Trade Movement

William S. Belko

Published in print:
2012
Published Online:
January 2013
ISBN:
9780813041742
eISBN:
9780813043937
Item type:
book
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813041742.001.0001
Subject:
History, American History: 19th Century

As a result of the Tariffs of 1824 and 1828, a powerful aversion to the protectionist policies had arisen throughout the United States by the middle of President Jackson's first term. In order to ... More


‘The Blood that Testifies’: The Jamaica Controversy in Jamaica

R. W. Kostal

in A Jurisprudence of Power: Victorian Empire and the Rule of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199551941
eISBN:
9780191714320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551941.003.0003
Subject:
Law, Constitutional and Administrative Law, Legal History

In January 1866, three British officials, two of them prominent lawyers, arrived in Kingston, Jamaica, to institute a Royal Commission of inquiry into the circumstances of the Morant Bay uprising and ... More


Introduction

Sonali Chakravarti

in Radical Enfranchisement in the Jury Room and Public Life

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226654157
eISBN:
9780226654324
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226654324.003.0001
Subject:
Law, Legal Profession and Ethics

Radical enfranchisement requires an ambitious standard for civic education and is motivated by two sets of ideals: the first is accuracy in assessing evidence without recourse to bias; the second is ... More


Guilty, Not Guilty, Nullify: Nullification in an Age of Abolition

Sonali Chakravarti

in Radical Enfranchisement in the Jury Room and Public Life

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226654157
eISBN:
9780226654324
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226654324.003.0005
Subject:
Law, Legal Profession and Ethics

While arguments for greater awareness about nullification, the power of a jury to render a not guilty verdict even if the burden of proof has been met, and the critical role it plays within the legal ... More


American Federalisms: From New Foundations to New Federalism

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter three reviews the history of American federalism as a story of competition between compelling principles in tension with one another, stretching the legal framework in one direction and then ... More


Pious Perjury in Scott's The Heart of Midlothian

Julia Simon-Kerr

in Subversion and Sympathy: Gender, Law, and the British Novel

Published in print:
2013
Published Online:
January 2013
ISBN:
9780199812042
eISBN:
9780199315888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812042.003.0006
Subject:
Literature, 19th-century and Victorian Literature

This chapter examines a legal norm that appears to empower women, arguing that in reality it imposes its own constricting demand for conformity: a woman may manifest strength and agency by refusing ... More


Justified Lawbreaking

Burke A. Hendrix

in Strategies of Justice: Aboriginal Peoples, Persistent Injustice, and the Ethics of Political Action

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198833543
eISBN:
9780191871979
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198833543.003.0004
Subject:
Political Science, Political Theory

What kinds of strategies toward laws and political procedures are those facing persistent injustice permitted to adopt? While civil disobedience is straightforward, other cases are more challenging. ... More


Negro Troops in Battle—Department of the South (1862–1865)

George Washington Williams

in A History of the Negro Troops in the War of the Rebellion, 1861–1865

Published in print:
2012
Published Online:
September 2012
ISBN:
9780823233854
eISBN:
9780823240807
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823233854.003.0009
Subject:
History, Military History

South Carolina had set the other States a dangerous example in its attempts at nullification under President Andrew Jackson's administration, and was not only first in seceding, but fired the first ... More


Ruinous Tendencies The Anti-Abolition Backlash

Elizabeth R. Varon

in Disunion!: The Coming of the American Civil War, 1789-1859

Published in print:
2008
Published Online:
July 2014
ISBN:
9780807832325
eISBN:
9781469606200
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807887189_varon.8
Subject:
History, American History: Civil War

This chapter begins with abolitionist Lydia Maria Child's commentary on the nullification crisis: “Who does not see that the American people are walking over a subterranean fire, the flames of which ... More


South Carolina Volunteers in the Second Seminole War: A Nullifier Debacle as Prelude to the Palmetto State Gubernatorial Election of 1836

James M. Denham and Canter Brown

in America's Hundred Years' War: U.S. Expansion to the Gulf Coast and the Fate of the Seminole, 17631858

Published in print:
2011
Published Online:
September 2011
ISBN:
9780813035253
eISBN:
9780813039121
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813035253.003.0009
Subject:
History, American History: early to 18th Century

This chapter illustrates how another major political and constitutional crisis in Antebellum America—the Nullification Crisis—involved the long conflict between the United States and the Seminole. ... More


The Struggle for Civilian Supremacy

Mark L. Bradley

in Bluecoats and Tar Heels: Soldiers and Civilians in Reconstruction North Carolina

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125077
eISBN:
9780813135120
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125077.003.0006
Subject:
History, American History: 19th Century

Jonathan Worth, North Carolina's new governor, was proud of how he was recognized as a resolute Union Whig as he rejected a doctrine that allowed the state the right to denounce an unjust federal ... More


Criminal Conspiracy or War?

Burrus M. Carnahan

in Act of Justice: Lincoln's Emancipation Proclamation and the Law of War

Published in print:
2007
Published Online:
September 2011
ISBN:
9780813124636
eISBN:
9780813134871
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813124636.003.0004
Subject:
History, American History: Civil War

This chapter discusses the Whiskey Rebellion, which grew out of a 1791 Federal excise tax on the distilling of whiskey, the Nullification Crisis of 1832–1833, and other notable instances during the ... More


Introduction

James M. Donovan

in Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries

Published in print:
2010
Published Online:
July 2014
ISBN:
9780807833636
eISBN:
9781469604404
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807895771_donovan.4
Subject:
Law, Legal History

This chapter concerns itself specifically with the general rejection of sanction nullification. It notes that the preponderance of evidence shows that sanction nullification was the predominant form ... More


The Great Turning Point the Juries of the Second Republic and Second Empire, 1848–1870

James M. Donovan

in Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries

Published in print:
2010
Published Online:
July 2014
ISBN:
9780807833636
eISBN:
9781469604404
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807895771_donovan.7
Subject:
Law, Legal History

This chapter discusses the turning point in the history of the jury in France from the Revolution to World War II, during the eras of the Second Republic (1848–52) and Second Empire (1832–70). It ... More


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