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Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
The momentous story of how George Washington, Alexander Hamilton, and John Adams navigated the crises of the 1790s and in the process bound the states into a unified nation Today the United States is the dominant power in world affairs, and that status seems assured. Yet in the decade following the ratification of the Constitution, the republic's existence was contingent and fragile, challenged by domestic rebellions, foreign interference, and the always-present danger of collapse into mob rule. Carol Berkin reveals that the nation survived almost entirely due to the actions of the Federalist leadership -- George Washington, Alexander Hamilton, and John Adams. Reacting to successive crises, they extended the power of the federal government and fended off foreign attempts to subvert American sovereignty. As Berkin argues, the result was a spike in nationalism, as ordinary citizens began to identify with their nation first, their home states second. While the Revolution freed the states and the Constitution linked them as never before, this landmark work shows that it was the Federalists who transformed the states into an enduring nation.
First published in 1988, this book traces the complex evolution of Oxford and Cambridge from the twelfth through the early sixteenth centuries. In the process, the author incorporates new research on Cambridge University that has become available only recently. Alan B. Cobban is able to give an overall view of the functioning of the English universities, touching on the development of the academic hierarchy, the various features of the curriculum and the teaching offered by these institutions. The author also addresses the social and economic circumstances of students and the relations between the universities and their respective town and ecclesiastical authorities. Cobban draws on much recent work to supply new details and altered perspectives in this single-volume reappraisal of the history of these two distinguished educational institutions.
A classic in its field, Compayré's Abelard and the Origin and Early History of Universities (originally published in 1892) is as applicable today as when it was written, giving an idea of what these great associations of masters and students which played such an important part in the past, must have been in their beginnings, in their internal organization, their programs of study, their methods of instruction, and in their general spirit and external influence.Compayré, the well-known French educationalist, has prepared in this volume an account of the origin of the great European universities that is at once the most scientific and the most interesting in the English language. Naturally the University of Paris is the central figure in the account; and the details of its early organization and influence are fully given. Its connection with the other great universities of the Middle Ages and with the modern university movement is clearly pointed out. Abelard, whose system of teaching and disputation was one of the earliest signs of the rising universities, is the typical figure of the movement; and Compayré has given a sketch of his character and work, from an entirely new point of view, that is most instructive.Compayré's works were still being published well into the 20th Century, including Montaigne and the Education of the Judgment, Peter Abelard and the Rise of the Modern Universities and Jean Jacques Rousseau and Education from Nature. " Abelard may fairly be called the founder of university education in Europe, and we have in this volume a description of his work and a careful analysis of his character. As the founder of the great Paris University in the thirteenth century the importance of his work can hardly be overestimated. The chapter devoted to Abelard himself is an intensely interesting one, and the other chapters are of marked value, devoted as they are to the origin and early history of universities ... The volume is a notable educational work." - Boston Daily Traveler
Volume 2 Part 1 covers the Italian universities from the thirteenth to the fifteenth centuries; the universities of Spain and Portugal from the thirteenth to the sixteenth centuries; the universities of France with detail on the universities of Montpellier, Orleans, Angers, Toulouse and Avignon; the universities of Germany, Bohemia and the Low Countries; the universities of Hungary; and the universities of Scotland. The origins and constitutions, institutional development, and curriculum of each university is analysed. Rashdall's study was one of the first comparative works on the subject. Its scope and breadth has ensured its place as a key work of intellectual history, and an indispensable tool for the study of the educational organisation of the Middle Ages.