Item Details

The American Constitutional Tradition: Colonial Charters, Covenants, and Revolutionary State Constitutions, 1578-1780

H. Lowell Brown
Format
Book
Published
Madison : Farleigh Dickinson University Press, [2017]
Language
English
Series
The Fairleigh Dickinson University Press Law, Culture, and the Humanities Series
Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities
ISBN
9781683930471, 1683930479
Summary
"This book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments. In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so. This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later." -- Back cover.
Contents
  • Part I. Constitutionalism in Colonial America
  • The enterprise colonies of Virginia
  • The covenant colonies of New England
  • The proprietary colonies of the Mid-Atlantic
  • The emergence of the American constitutional tradition in the age of the imperium
  • Part II. Revolutionary Constitutionalism, 1775-1784
  • The quest for a federal union
  • The revolutionary state constitutions
  • The American constitutional tradition in the revolutionary era.
Description
xxi, 229 pages ; 24 cm.
Notes
Includes bibliographical references and index.
Technical Details
  • Access in Virgo Classic

  • LEADER 05341cam a2200481 i 4500
    001 u7177693
    003 SIRSI
    005 20170721123235.0
    008 170209s2017 nju b 001 0 eng
    010
      
      
    a| 2017004980
    019
      
      
    a| 972772386 a| 972974236 a| 973087224 a| 973313796 a| 973369096 a| 973503105 a| 973758110 a| 973808113
    020
      
      
    a| 9781683930471 q| (hardcover ;) q| (alkaline paper)
    020
      
      
    a| 1683930479 q| (hardcover ;) q| (alkaline paper)
    035
      
      
    a| (OCoLC)973733326 z| (OCoLC)972772386 z| (OCoLC)972974236 z| (OCoLC)973087224 z| (OCoLC)973313796 z| (OCoLC)973369096 z| (OCoLC)973503105 z| (OCoLC)973758110 z| (OCoLC)973808113
    042
      
      
    a| pcc
    043
      
      
    a| n-us---
    040
      
      
    a| DLC b| eng e| rda c| DLC d| OCLCO d| BTCTA d| BDX d| OCLCQ d| OCLCF d| OCLCQ d| YDX d| YDX d| OCLCO d| GUB
    050
    0
    0
    a| KF4550 b| .B743 2017
    082
    0
    0
    a| 342.7302/90903 2| 23
    100
    1
      
    a| Brown, H. Lowell e| author.
    245
    1
    4
    a| The American constitutional tradition : b| colonial charters, covenants, and revolutionary state constitutions, 1578-1780 / c| H. Lowell Brown.
    264
      
    1
    a| Madison : b| Farleigh Dickinson University Press, c| [2017]
    300
      
      
    a| xxi, 229 pages ; c| 24 cm.
    336
      
      
    a| text b| txt 2| rdacontent
    337
      
      
    a| unmediated b| n 2| rdamedia
    338
      
      
    a| volume b| nc 2| rdacarrier
    490
    1
      
    a| The Fairleigh Dickinson University Press law, culture, and the humanities series
    504
      
      
    a| Includes bibliographical references and index.
    520
      
      
    a| "This book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments. In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so. This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later." -- Back cover.
    505
    0
      
    a| Part I. Constitutionalism in Colonial America -- The enterprise colonies of Virginia -- The covenant colonies of New England -- The proprietary colonies of the Mid-Atlantic -- The emergence of the American constitutional tradition in the age of the imperium -- Part II. Revolutionary Constitutionalism, 1775-1784 -- The quest for a federal union -- The revolutionary state constitutions -- The American constitutional tradition in the revolutionary era.
    650
      
    0
    a| Constitutional history z| United States.
    650
      
    0
    a| Constitutional law z| United States x| States.
    650
      
    7
    a| Constitutional law. 2| fast 0| (OCoLC)fst00875797
    650
      
    7
    a| Constitutional law x| U.S. states. 2| fast 0| (OCoLC)fst00875844
    651
      
    7
    a| United States. 2| fast 0| (OCoLC)fst01204155
    655
      
    7
    a| History. 2| fast 0| (OCoLC)fst01411628
    776
    0
    8
    i| Online version: a| Brown, H. Lowell. t| American constitutional tradition. d| Lanham, Maryland : The Farleigh Dickinson University Press, 2017 z| 9781683930488 w| (DLC) 2017008741
    830
      
    0
    a| Fairleigh Dickinson University Press series in law, culture, and the humanities.
    994
      
      
    a| Z0 b| VAL
    596
      
      
    a| 14 17
    999
      
      
    a| KF4550 .B743 2017 w| LC i| 35007008398137 l| STACKS m| LAW t| BOOK
    999
      
      
    a| KF4550 .B743 2017 w| LC i| X031820479 l| BY-REQUEST m| IVY t| BOOK

Availability

Google Preview

Library Location Map Availability Call Number
Law Stacks Map Available
Ivy By Request N/A Available