This book talks about the Imperial origins of American constitutional law. According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state, rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as, Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs, Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
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DANIEL J. HULSEBOSCH is professor of law at New York University School of Law.
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Vendeur : Fox & Tome Books, Frederick, MD, Etats-Unis
Hardback. Etat : New. Daniel Joseph Hulsebosch writes a constitutional history of New York that starts long before independence and places the colony within the wider British Atlantic empire. The American Revolution arrives only halfway through the book, so British constitutionalism at home and in the colonies gets as much attention as the American version that came after independence. The argument holds that American ideas of a constitution grew out of British ones. Those ideas changed as New York moved from the edge of one empire to the center of a new continental one. Judges figure in the account alongside imperial agents, large landholders and frontier settlers. Topics include judicial review, the status of the common law, land policy, juries, martial law in revolutionary New York, Bolingbroke's distinction between constitution and government, and New York's court for impeachments and the correction of errors. The book has notes, a bibliography and an index. N° de réf. du vendeur NN-251123-shelf-6-066
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Vendeur : The Way We Were Bookshop, Hampton, VA, Etats-Unis
Hardcover. Etat : Fine. Etat de la jaquette : Fine. 1st Edition. 494 pps, hardbound, 1st printing, 8vo, F/F, like new -- no soiling, no folds, no markings, no creasing -- NOT EXLIB, mylar protected. N° de réf. du vendeur 13098
Quantité disponible : 1 disponible(s)