The partisan republic : democracy, exclusion, and the fall of the founders' constitution, 1780s-1830s / Gerald Leonard, Boston University, Saul Cornell, Fordham University.
2019
KF4541 .L396 2019
Available at Course Reserve
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Details
Title
The partisan republic : democracy, exclusion, and the fall of the founders' constitution, 1780s-1830s / Gerald Leonard, Boston University, Saul Cornell, Fordham University.
Added Author
Imprint
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019.
Copyright
©2019
Description
ix, 247 pages ; 23 cm.
Series
New histories of American law.
Formatted Contents Note
The new constitution
The federalist constitution and the limits of constitutional dissent
The democracy versus the law: the role of the federal judiciary, 1789-1815
The paradoxes of Jeffersonian constitutionalism
The White democracy
The Marshall court, the Indian nations, and the democratic ascendancy
Conclusion: The constitutional triumph and failure of the democratic party.
The federalist constitution and the limits of constitutional dissent
The democracy versus the law: the role of the federal judiciary, 1789-1815
The paradoxes of Jeffersonian constitutionalism
The White democracy
The Marshall court, the Indian nations, and the democratic ascendancy
Conclusion: The constitutional triumph and failure of the democratic party.
Summary
"The Partisan Republic is the first book to unite a top down and bottom up account of constitutional change in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more "democratic" vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury v. Madisonin in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the "democratic" political party came to supplant the Supreme Court as the nation's preeminent constitutional institution"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Course Lists
Law & History Foundation Seminar by Tomlins (FALL 2021)
Law & History Foundation Seminar by Tomlins (FALL 2022)
Law & History Foundation Seminar by Tomlins (FALL 2023)
Law & History Foundation Seminar by Tomlins (FALL 2022)
Law & History Foundation Seminar by Tomlins (FALL 2023)
Call Number
KF4541 .L396 2019
Language
English
ISBN
9781107663893 paperback
110766389X paperback
9781107024168 hardcover
1107024161 hardcover
110766389X paperback
9781107024168 hardcover
1107024161 hardcover
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