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Committee on the part of the Senate: William P. Fessenden, and others. Committee on the part of the House: Thaddeus Stevens, and others.
Competition and Coercion: Blacks in the American economy, 1865-1914 is a reinterpretation of black economic history in the half-century after Emancipation. Its central theme is that economic competition and racial coercion jointly determined the material condition of the blacks. The book identifies a number of competitive processes that played important roles in protecting blacks from the racial coercion to which they were peculiarly vulnerable. It also documents the substantial economic gains realized by the black population between 1865 and 1914. Professor Higgs's account is iconoclastic. It seeks to reorganize the present conceptualization of the period and to redirect future study of black economic history in the post-Emancipation period. It raises new questions and suggests new answers to old questions, asserting that some of the old questions are misleadingly framed or not worth pursuing at all.
Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.
A critical look at the the fourth year of Lincoln's administration and the conclusion of the author's four-volume re-examination of the Civil War.
In The Two-Volume The History of Ohio Law, distinguished legal historians, practicing Ohio attorneys, and judges present the history of Ohio law and the interaction between law and society in the state. The first history of Ohio law in nearly seventy years - and the most comprehensive compilation of essays on any state's law - its twenty-two topics range from the history of Ohio's constitutional conventions and legal institutions to the history of civil procedure, evidence, land use, civil liberties, and utility regulation. The essays describe Ohio's legal institutions, legal procedures, and the substance of Ohio law as it has changed over time. institutions have affected Ohio law and how the law has affected them. The essays provide important information to practitioners and offer attorneys, legal scholars, historians, and the public a broad understanding of the relationship between law and society in Ohio. intersections between law and race, gender, and labor. Insightful essays also discuss the development of Ohio's legal literature, the impact of federal courts, and Ohio's most important contributions to American constitutional development. Written by twenty-two leading lawyers and historians, The History of Ohio Law will be the indispensable reference and invaluable first source for learning about law and society in Ohio.
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Alabamians in Blue offers an in-depth scholarly examination of Alabama’s black and white Union soldiers and their contributions to the eventual success of the Union army in the western theater. Christopher M. Rein contends that the state’s anti-Confederate residents tendered an important service to the North, primarily by collecting intelligence and protecting logistical infrastructure. He highlights an underappreciated period of biracial cooperation, underwritten by massive support from the federal government. Providing a broad synthesis, Rein’s study demonstrates that southern dissenters were not passive victims but rather active participants in their own liberation. Ecological factors, including agricultural collapse under levies from both armies, may have provided the initial impetus for Union enlistment. Federal pillaging inflicted further heavy destruction on plantation agriculture. The breakdown in basic subsistence that ensued pushed Alabama’s freedmen and Unionists into federal camps in garrison cities in search of relief and the opportunity for revenge. Once in uniform, Alabama’s Union soldiers served alongside northern regiments and frustrated Confederate General Nathan Bedford Forrest’s attempts to interrupt the Union supply efforts in the 1864 Atlanta campaign, which led to the collapse of Confederate arms in the western theater and the eventual Union victory. Rein describes a “hybrid warfare” of simultaneous conventional and guerilla battles, where each significantly influenced the other. He concludes that the conventional conflict both prompted and eventually ended the internecine warfare that largely marked the state’s experience of the war. A comprehensive analysis of military, social, and environmental history, Alabamians in Blue uncovers a past of biracial cooperation in the American South, and in Alabama in particular, that postwar adherents to the “Myth of the Lost Cause” have successfully suppressed until now.
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.