gutzmank

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  • in reply to: Abridged version of Freeman’s Washington biography #22383
    gutzmank
    Participant

    I’m sorry we didn’t get back to you sooner. I’ve contented myself with the abridged version too.

    in reply to: Significance of a lesser known founding father. #22382
    gutzmank
    Participant

    I’m sorry to say that I don’t know much about him either.

    in reply to: Delegates and DC #22381
    gutzmank
    Participant

    I agree that it’s not clear what purpose is now served by having large residential areas in D.C.

    in reply to: Draft #22380
    gutzmank
    Participant

    Yes, 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.

    in reply to: Article 1 section 10 – contracts clause #22379
    gutzmank
    Participant

    1) 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.

    in reply to: Electoral College Question #22378
    gutzmank
    Participant

    The 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

    in reply to: Executive Orders #22377
    gutzmank
    Participant

    If 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).

    in reply to: Slavery in the south #15597
    gutzmank
    Participant

    If 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.

    in reply to: Ratification of Amendment #21116
    gutzmank
    Participant

    No, 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.

    in reply to: “A more or less perfect Union” – Mini-Series #21102
    gutzmank
    Participant

    I still haven’t seen it.

    in reply to: Madison and Judicial Supremacy #21114
    gutzmank
    Participant

    I 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.

    in reply to: Is an Embassy or Consulate “foreign soil” #20510
    gutzmank
    Participant

    The 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.

    in reply to: Slavery Reading List #20518
    gutzmank
    Participant

    For 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.

    in reply to: John Marshall: Used Car Salesman or KIA Dealer? #21112
    gutzmank
    Participant

    He 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.

    in reply to: Historiography of the Founding Era #21110
    gutzmank
    Participant

    Bailyn’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.

Viewing 15 posts - 1 through 15 (of 639 total)