Constituting Empire

New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830

By: Daniel J. Hulsebosch

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Paperback | 1 September 2008

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496 Pages

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22.6 x 14.9 x 3.0

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According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire.

Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation''s most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence.

In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

Industry Reviews

"Hulsebosch brilliantly describes [how] the constitution of the British Empire was rarely settled and almost always hotly contested. There were, Hulsebosch tells us, many constitutions of empire in the eighteenth-century British Atlantic, at least three of which played themselves out in the American Revolution." - Harvard Law Review"

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You Can Find This Book In

Non-Fiction Law Laws of Specific Jurisdictions Constitutional & Administrative Law History Regional & National History History of the Americas Reference, Information & Interdisciplinary Subjects Interdisciplinary Studies General Studies Jurisprudence & General Issues Legal History

Legal Skills & Practice Encyclopaedias & Reference Works General Encyclopaedias

Introduction: Constitutions and Empire
The Imperial Origins of New York
Empire and Liberty
Time Immemorial: The Foundations of Common-Law Culture in an Imperial Province
Imperia in Imperio:Property and Sovereignty in a Frontier Province
The Multiple Constitutions of Empire in New York, 1750-1777
The Search for Imperial Law in the 1760s
Imperial Civil War and Reconstitution
Provincial Resistance and Garrison Government
The State Constitution of 1777
Postcolonial Constitutionalism and Transatlantic Legal Culture
The ImperialFederalist: Ratification and the Creation of Constitutional Law
Empire State: Constitutional Politics and the Convention of 1821
An Empire of Law Conclusion
Notes
Bibliography
Acknowledgments
Index
Table of Contents provided by Publisher. All Rights Reserved.

Constituting Empire

New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830

At a Glance

Paperback

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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