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February 5, 2019|Bank of the United States, Edmund Randolph, Emer de Vattel, Federalist No. 10, James Madison, Legal Interpretive Rules, Originalism

James Madison: A Great Political Theorist, But Not A Great Lawyer

by John O. McGinnis|

Federalist 9 and 10 (Everett Historical/Shutterstock.com).
For all his contributions to the convention, Madison was not put on the Committee on Detail that provided the penultimate draft of our fundamental law.

September 18, 2017|Andrew Jackson, Avenging the People, Emer de Vattel, Frontier Federalists, J.M. Opal

The Law of Nations, the Law of Revenge, and Andrew Jackson

by Adam Tate|

J.M. Opal’s new book interprets the history of the southern frontier from the late colonial period through Andrew Jackson’s presidency as a tale of constant violence and brutal grasping for power. “Old Hickory,” the main character of the work, appears as a bloodthirsty, self-righteous opportunist who, after clawing his way to elite status, searches for ways to maintain that status. Taking vengeance in the name of the people became a main part of his strategy, according to Opal, an associate professor of history at McGill University. The southern part of the American frontier is, by Opal’s lights, no haven for democracy…

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November 10, 2013|Constitution, Emer de Vattel, Hugo Grotius, International Law, Slavery, The Rights of War and Peace

An Oppressive Power From the Beginning

by David C. Hendrickson|

Eliga Gould has written an intriguing new history of the diplomatic engagement of the United States in the long period spanning the Seven Years’ War to the Monroe Doctrine. It is different from most such histories of foreign policy in registering the perspective of various excluded groups—French Acadians who were expelled from their homeland in 1761 by Great Britain; loyalists consigned to exile by the American Revolution; the Native American nations and British hangers-on who contested possession of the Ohio Valley and the southern borderlands from the Peace of 1763 to Jackson’s War on the Seminoles in 1818; pirates and…

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September 12, 2013|13th Amendment, Abolitionists, antislavery, Constitution, Declaration of Independence, Emancipation Proclamation, Emer de Vattel, Secession

The South Was Right, the Historians Are Wrong: Taking the Antislavery Origins of the Civil War Seriously

by Mackubin Thomas Owens|

Why did the Southern states choose to secede when Abraham Lincoln was elected President in November of 1860? At the time, Southerners attributed “secession winter” to the fear that Lincoln and the Republicans fully intended to make war on slavery, bypassing the Constitution, which left the issue of slavery to the states. Thus, they believed, their only option was to separate from the Union.

Northern Democrats agreed, contending that Republicans intended to circumvent the Constitution’s prohibition against direct federal action against slavery. Agitation by the “Black Republicans” was responsible for the crisis. The Democrats felt vindicated when Republicans refused to compromise on the extension of slavery into the territories. In addition, the Democrats charged, the Republicans intended to refuse to enforce the fugitive slave law that had been passed in 1850 as part of the Great Compromise.

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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