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A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.” The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.
This book is a documentary history of the rights found in the American state constitutions adopted between 1776 and 1790. Despite the rich tradition of rights at the state level, rights in America have been identified almost exclusively with the national Bill of Rights. Indeed, there is no work that provides a comprehensive treatment of the early state declarations of rights. Rather, these declarations have been viewed as halting first steps towards the adoption of the national Bill of Rights in 1791. Bringing together the full text of the rights provisions from the 13 original states and Vermont, this book presents America’s first tradition of rights on its own terms and as part of this country’s heritage of rights. Early chapters will examine the sources of these rights and provide a comparative framework. An introduction to each chapter will review that state’s colonial history, focusing on any charters or legislation related to rights protections that help explain its constitutional provisions. This work will make it possible for students, scholars, and interested citizens to rediscover the first fruits of the American Revolution.
In the first half of the 19th century, Mary Marshall Dyer (1780-1867) was at the center of an aggressive anti-Shaker movement - an informal yet effective group joined by their despisal of Shakerism and their determination to thwart the new faith. With her husband and their five children, Dyer had been a Shaker for two years, but as her husband grew increasingly attracted to Shakerism, Dyer's own commitment waned, and when she announced she was leaving the sect and requested the return of her children , neither her husband nor the Shaker authorities would relinquish them. Distraught, angry, and alone, Dyer turned her anguish into action and embarked on a fifty year campaign against the Shakers. A linchpin of anti-Shaker activity, Dyer wrote numerous articles against the sect, as well as five books - and was the centerpiece of the Shakers' counterattack. The American public - especially in New England, where the Shaker movement was based - followed the debate with great interest, not least because it offered titillating details into the mysterious sect, but also because Dyer's experiences reflected profound changes in the family, religion, and gender that Americans faced in the years prior to the Civil War. In this compelling book, De Wolfe suggests that while neither the Shakers nor Dyer would agree, the latter, a mother without children and a wife without a husband, and the former, a celibate communal sect that disavowed the marriage bond, shared similar positions on the margins of society.
Prepared in 1776, the constitution of New Hampshire is the nations first written state constitution. The 1776 constitution was a brief 15 sentences, but it laid out a form of government dedicated to popular control and limited government powers that have remained a central theme of New Hampshire constitutional law to this day. The detail of the framing of the original state constitution --the first in the nation- provides a context for understanding and appreciating the traditions which has marked the states political and constitutional history, even after 144 amendments and over 200 years. The New Hampshire State Constitution includes the full text of each article of the constitution and an analysis of each articles development. Susan E. Marshall includes a description of amendments to the text and references to cases decided by the New Hampshire Supreme Court. She offers a historical overview of the development and application of the New Hampshire constitution and provides a general constitutional history and an article-by-article commentary, including a discussion of important cases. Also included are a bibliographical essay, table of cases, tables relating to constitutional conventions and amendments, and a general index, offering significant sources for further study. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the states constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
"This is an amazing study, a memoir which provides insight intofamily abuse in 18th century America.... a significant volume which enhances ourknowledge of social and religious life in New England. It is also a movingcontribution to the literature of spirituality." -- Review andExpositor "Students of American culture are indebted to AnnTaves for editing this fascinating and revealing document and for providing it withfull annotation and an illuminating introduction." -- American StudiesInternational "This is above all an eminently teachable text, which raises important issues in the history of religion, women, and the family andabout the place of violence in American life." -- New EnglandQuarterly ..". stimulating, enlightening, and provocative..." -- Journal of Ecumenical Studies Abigail Abbot Bailey wasa devout 18th-century Congregationalist woman whose husband abused her, committedadultery with their female servants, and practiced incest with one of theirdaughters. This new, fully annotated edition of her memoirs, featuring a detailedintroduction, offers a thoughtful analysis of the role of religion amidst the trialsof the author's everyday life.
Over the Threshold is the first in-depth work to explore the topic of intimate violence in the American colonies and the early Republic. The essays examine domestic violence in both urban and frontier environments, between husbands and wives, parents and children, and masters and slaves. This compelling collection puts commonly held notions about intimate violence under strict historical scrutiny, often producing surprising results.
A far-reaching re-interpretation of the origins of American judicial review.