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gutzmank
ParticipantI’m sorry we didn’t get back to you sooner. I’ve contented myself with the abridged version too.
gutzmank
ParticipantI’m sorry to say that I don’t know much about him either.
gutzmank
ParticipantI agree that it’s not clear what purpose is now served by having large residential areas in D.C.
gutzmank
ParticipantYes, state militia service was mandatory, but that’s a different issue. The fact that some states during the Revolution essentially conscripted people into state military units does not mean that the U.S. Constitution gives the Federal Government a conscription power. Absent a conscription power, the Tenth Amendment bans federal conscription. Tom and I have a chapter on this subject in our book Who Killed the Constitution? The two-year limitation means the Congress cannot raise a perpetual army, which was a European practice dangerous to parliaments’ power.
gutzmank
Participant1) Barring particular contractual provisions ab initio is not the same as impairing the obligation of a valid contract; and
2) Chief Justice Taney’s reasoning was that denying people the right to take slaves into the territories denied them a property right without due process–although there was no contract at issue in the case. In other words, his ruling wasn’t about procedure, but about substance.gutzmank
ParticipantThe term “Electoral College” has long been used in the U.S. Code in reference to the electors.
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section4&num=0&edition=prelim
gutzmank
ParticipantIf a president wants to repeal existing regulations, he generally has to follow the Administrative Procedures Act, which requires him to post the regulatory change he wants to make, take public commentary for a set period of time, and then promulgate the new reg(s).
gutzmank
ParticipantIf the South had not seceded, slavery would have continued in the seceding states indefinitely. Abolitionists–people who wanted to use the Federal Government to get rid of slavery in, e.g., Alabama–were very few and unpopular, even in the north.
gutzmank
ParticipantNo, once a state is part of the union, it is bound by the Constitution of the union, which can be amended by either Article V processes.
gutzmank
ParticipantI still haven’t seen it.
gutzmank
ParticipantI understand him to have meant that the courts would have the final say in a particular legal dispute, but not when it came to, say, the text of the Constitution–which the Congress and states could alter.
gutzmank
ParticipantThe idea of this general forum is that people will answer it if they want to. As you may post any inquiry you’d like on any subject here, it’s not guaranteed that any of the faculty members will know answers to these questions. We do reply to questions posted in the forums related to specific courses.
gutzmank
ParticipantFor an introduction, Kolchin, American Slavery.
For a sweeping synthesis, Genovese, Roll, Jordan, Roll.
For the three major American slave systems, Berlin, Many Thousands Gone.
For slavery’s cultural impact, Sobel, The World They Made Together.
An excellent and enlightening comparative account is Kolchin, Unfree Labor: American Slavery and Russian Serfdom.
I also quite like Genovese, The Slaveholders’ Dilemma.
The classic treatment of 100+ years ago is Phillips, American Negro Slavery.
Taylor’s The Internal Enemy: Slavery and War in Virginia, 1772-1832 is well written and of inherent interest.
If you want suggestions on any other subtopics, just ask.
gutzmank
ParticipantHe has always been admired by nationalists–that is, by people who wanted the government to be increasingly centralized. Charles Hobson, the editor of his Papers, characterizes Marshall’s as a common-law approach to constitutional law, which of course is an alternative approach to that of Madison, Jefferson, Roane, Taylor, et al., who began by asking what the people thought the Constitution was going to mean when they ratified it.
gutzmank
ParticipantBailyn’s The Ideological Origins of the American Revolution marked the break between the Progressive approach to the Revolution/Founding and the ideological approach, which remains dominant now. Wood extended his teacher Bailyn’s attitude into the Philadelphia Convention and ratification.
McDonald essentially hoed his own row. He didn’t adopt either the republican or the liberal (Joyce Appleby’s and Drew McCoy’s) approach to the era.
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