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2008 (1)

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The people themselves : popular constitutionalism and judicial review
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ISBN: 1280534400 0198037821 019530389X 9780198037828 9780195303896 9780195169188 0195169182 9781280534409 9786610534401 6610534403 9780195306453 0195306457 0199883440 0197720161 9780199883448 Year: 2023 Publisher: New York ; Oxford University Press,

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Abstract

In this interpretation of America's founding and its entire process of judicial review, the author reveals that the colonists fought for and birthed a very different system, a system rooted in an understanding of citizenship that is very different from what Americans recognise today.

American sovereigns : the people and America's Constitutional tradition before the Civil War
Author:
ISBN: 1107185165 1282001248 0511479581 9786612001246 0511480385 0511477171 051147573X 0511800584 0511478690 9780511480386 0521881889 9780521881883 9780521125604 052112560X 9780511800580 9780521881883 9781107185166 9781282001244 9780511479588 6612001240 9780511477171 9780511478697 0511474814 Year: 2008 Publisher: Cambridge : Cambridge University Press,

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Abstract

American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.

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