The limits of sovereignty hamilton daniel w. The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War, Hamilton 2019-02-14

The limits of sovereignty hamilton daniel w Rating: 5,5/10 782 reviews

(PDF) The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War. By Daniel W. Hamilton. (Chicago: University of Chicago Press, 2007. viii, 231 pp. $39.00, ISBN 978

the limits of sovereignty hamilton daniel w

She is not much concerned with the development of legal doctrine, nor legal institutions for their own sake. But these are minor quibbles; Hamilton has made a valuable contribution to nineteenth-century legal history. The debaters, and all of the readers of core Civil War Reconstruction histories, should exploit Hamilton s lucid inquiry into Lincoln-era property confiscation policies. An excellent introduction into one of the lesser known but signmificant legal aspects of the war. Kaczorowski, Fordham University School of Law Robert J. This book locates that change in the crucible of the Civil War. Keywords: , , , , , , Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service.

Next

The limits of sovereignty : property confiscation in the Union and the Confederacy during the Civil War (Book, 2007) [vitecgroup.it]

the limits of sovereignty hamilton daniel w

This is a wonderfully engaging and thoughtful book--one that I have learned much from. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. Hamilton locates that change in the crucible of the Civil War. During the Revolution, the Continental Congress and the states routinely confiscated property of those loyal to the British Crown, consistent with the eighteenth-century view that property rights depended on loyalty to the state. Hamilton shows how debates over property confiscation in the Union, the Confederacy and in the Supreme Court raised fundamental questions of constitutional rights and civil liberties.

Next

The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War, Hamilton

the limits of sovereignty hamilton daniel w

What brought about this drastic shift in legal and political thought? Hamilton also looks at the Confederacy's experience with confiscation. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. What brought about this drastic shift in legal and political thought? If you're a seller, Fulfillment by Amazon can help you grow your business. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Next

The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War, Hamilton

the limits of sovereignty hamilton daniel w

Congressional Republicans took many drastic measures to combat the Confederacy, but when asked to renew the Revolutionary tradition of confiscation, many balked. In particular, the confiscation debates were a significant episode in a century-long shift in the conception of the Constitution from a near-perfect machine for the distribution of federal power toward its late nineteenth-century role as the ultimate protector of the natural rights of individual property. This is a wonderfully engaging and thoughtful book--one that I have learned much from. What brought about this drastic shift in legal and political thought? Hamilton shows how debates over property confiscation in the Union, the Confederacy and in the Supreme Court raised fundamental questions of constitutional rights and civil liberties. The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War. Southern lawmakers had no interest in reunion, thus Confederate confiscation laws were harsher and more thoroughly enforced than their Northern counterparts. Graber, University of Maryland -- Mark A.

Next

The limits of sovereignty : property confiscation in the Union and the Confederacy during the Civil War (Book, 2007) [vitecgroup.it]

the limits of sovereignty hamilton daniel w

Hamilton shows how debates over property confiscation in the Union, the Confederacy and in the Supreme Court raised fundamental questions of constitutional rights and civil liberties. Hamilton fails to examine Southern state courts' postwar treatment of confiscation laws, which provides an interesting contrast to the Supreme Court's treatment, and he arguably paints Field as a more dominating figure on the Court than Field actually was. We use cookies to enhance your experience on our website. Hamilton devotes the final portion of his book to the Supreme Court's postwar treatment of confiscation laws. Confiscation was an important episode in this shift and contributed to the increasing dominance of a property regime-based, liberal, rights-oriented constitutionalism.

Next

The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War.

the limits of sovereignty hamilton daniel w

In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. Brophy, University of Alabama Law School -- Alfred L. Kaczorowski, Fordham University School of Law -- Robert J. Chicago: University of Chicago Press.

Next

The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War by Daniel W. Hamilton

the limits of sovereignty hamilton daniel w

But the South had its share of dissenters who believed that in the long run the laws would harm more than help the Confederacy. Retrieved Mar 20 2019 from The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War. Americans take for granted that government does not have the right to permanently seize private property without just compensation. This well-researched and well-written book provides new insights into how ideas of property and state power were debated and defined during the Civil War, with consequences that reach from Reconstruction to the present day. This is a wonderfully engaging and thoughtful book—one that I have learned much from.

Next

The limits of sovereignty : property confiscation in the Union and the Confederacy during the Civil War (Book, 2007) [vitecgroup.it]

the limits of sovereignty hamilton daniel w

An excellent introduction into one of the lesser known but signmificant legal aspects of the war. Graber, University of Maryland -- Mark A. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. This is a wonderfully engaging and thoughtful book--one that I have learned much from. Whatever you make of the general thesis, one I find largely convincing, The Limits of Sovereignty clearly demonstrates why students of American constitutional development must understand the confiscation debates of the Civil War and does so with polish and intelligence.

Next