Repressive Jurisprudence In The Early American Republic

This volume seeks to explain how American society, which had been capable of noble aspirations such as those in the Declaration of Independence and the Constitution, was capable of adopting one of the most widely deplored statutes of our history, the Sedition Act of 1798. It examines how the political ideals of the American Revolution were undermined by the adoption of repressive doctrines of the English monarchial system - the criminalization of criticism against the king, the Parliament, the judiciary, and Christianity. Freedom of speech was dramatically confined, and this law remained unchallenged until well into the twentieth century. This book will be of keen interest to all concerned with the early Republic, freedom of speech, and evolution of American constitutional jurisprudence. Because it addresses the much-criticized Sedition Act of 1798, one of the most dramatic illustrations of this repressive jurisprudence, the book will also be of interest to Americans concerned about preserving free speech in wartime.

The Education of John Adams is the first biography of John Adams by a biographer with legal training. It examines his origins in colonial Massachusetts, his education, and his struggle to choose a career and define a place for himself in colonial society. It explores the flowering of his legal career and the impact that law had on him and his understanding of himself; his growing involvement with the American Revolution as polemicist, as lawyer, as congressional delegate, and as diplomat; and his commitment to defining and expounding ideas about constitutionalism and how it should work as the body of ideas shaping the new United States. The book traces his part in launching the government of the United States under the U.S. Constitution; his service as the nation's first vice president and second president; and his retirement years, during which he was first a vexed and rejected ex-president and then became the revered Sage of Braintree. It describes the relationships that sustained him - with his wife, the brilliant and eloquent Abigail Adams; with his children; with such allies and supporters as Benjamin Rush and John Marshall; with such sometime friends and sometime adversaries as Benjamin Franklin, George Washington, and Thomas Jefferson; and with such foes as Alexander Hamilton and Timothy Pickering. Bernstein establishes Adams as a key figure in the evolution of American constitutional theory and practice. This is the first biography to examine Adams's conflicted and hesitant ideas about slavery and race in the American context, raising serious questions about his mythic status as a friend of human equality and a foe of slavery. This book's foundation is the record left by Adams himself-- in diaries, letters, essays, pamphlets, and books. The Education of John Adams concludes by re-examining the often-debated question of the relevance of Adams's thought to our own time.

When members of the founding generation protested against British authority, debated separation, and then ratified the Constitution, they formed the American political character we know today-raucous, intemperate, and often mean-spirited. Revolutionary Dissent brings alive a world of colorful and stormy protests that included effigies, pamphlets, songs, sermons, cartoons, letters and liberty trees. Solomon explores through a series of chronological narratives how Americans of the Revolutionary period employed robust speech against the British and against each other. Uninhibited dissent provided a distinctly American meaning to the First Amendment's guarantees of freedom of speech and press at a time when the legal doctrine inherited from England allowed prosecutions of those who criticized government. Solomon discovers the wellspring in our revolutionary past for today's satirists like Jon Stewart and Stephen Colbert, pundits like Rush Limbaugh and Keith Olbermann, and protests like flag burning and street demonstrations. From the inflammatory engravings of Paul Revere, the political theater of Alexander McDougall, the liberty tree protests of Ebenezer McIntosh and the oratory of Patrick Henry, Solomon shares the stories of the dissenters who created the American idea of the liberty of thought. This is truly a revelatory work on the history of free expression in America.

Based on author's thesis (doctoral - Oxford University, 2012) issued under title: Freedoms of press and speech in the first decade of the U.S. Supreme Court.

A compelling history of atheism in American public life A much-maligned minority throughout American history, atheists have been cast as a threat to the nation’s moral fabric, barred from holding public office, and branded as irreligious misfits in a nation chosen by God. Yet village atheists—as these godless freethinkers came to be known by the close of the nineteenth century—were also hailed for their gutsy dissent from stultifying pieties and for posing a necessary secularist challenge to the entanglements of church and state. In Village Atheists, Leigh Eric Schmidt explores the complex cultural terrain that unbelievers have long had to navigate in their fight to secure equal rights and liberties in American public life. He rebuilds the history of American secularism from the ground up, giving flesh and blood to these outspoken infidels. Village Atheists demonstrates that the secularist vision for the United States proved to be anything but triumphant in a country where faith and citizenship were—and still are—closely interwoven.

A prize-winning political scientist untangles the deep roots of tribalism in America. American politics seems to be in an unprecedented uproar. But in this revelatory work of political history, James A. Morone shows that today's rancor isn't what's new -- the clarity of the battle lines is. Past eras were full of discord, but the most contentious question in American society -- Who are we? -- never split along party lines. Instead, each party reached out to different groups on the margins of power: immigrants, African Americans, and women. But, as the United States underwent profound societal transformations from the Civil War to the populist explosion to the Great Migration to civil rights to the latest era of immigration, the party alignment shifted. African Americans conquered the old segregationist party and Democrats slowly evolved into the party of civil rights, immigration, and gender rights. Republicans turned whiter and more nativist. The unprecedented party lineup now injects tribal intensity into every policy difference. Republic of Wrath tells the story of America as we've never heard it before, explaining the origins of our fractious times and suggesting how we might build a more robust republic.

"Told with authority and style. . . Crisply summarizing the Adamses' legacy, the authors stress principle over partisanship."--The Wall Street Journal How the father and son presidents foresaw the rise of the cult of personality and fought those who sought to abuse the weaknesses inherent in our democracy, from the New York Times bestselling author of White Trash. John and John Quincy Adams: rogue intellectuals, unsparing truth-tellers, too uncensored for their own political good. They held that political participation demanded moral courage. They did not seek popularity (it showed). They lamented the fact that hero worship in America substituted idolatry for results; and they made it clear that they were talking about Benjamin Franklin, George Washington, Thomas Jefferson, and Andrew Jackson. When John Adams succeeded George Washington as President, his son had already followed him into public service and was stationed in Europe as a diplomat. Though they spent many years apart--and as their careers spanned Europe, Washington DC, and their family home south of Boston--they maintained a close bond through extensive letter writing, debating history, political philosophy, and partisan maneuvering. The problem of democracy is an urgent problem; the father-and-son presidents grasped the perilous psychology of politics and forecast what future generations would have to contend with: citizens wanting heroes to worship and covetous elites more than willing to mislead. Rejection at the polls, each after one term, does not prove that the presidents Adams had erroneous ideas. Intellectually, they were what we today call "independents," reluctant to commit blindly to an organized political party. No historian has attempted to dissect their intertwined lives as Nancy Isenberg and Andrew Burstein do in these pages, and there is no better time than the present to learn from the American nation's most insightful malcontents.

This book examines internal political conflicts in the British Empire within the legal framework of treason and sedition. The threat of treason and rebellion pervaded the British Atlantic in the 17th and 18th centuries; Britain's control of its territories was continually threatened by rebellion and war, both at home and in North America. Even after American independence, Britain and its former colony continued to be fearful that opposition and revolution might follow the French example, and both took legal measures to control both speech and political action. This study places these conflicts within a political and legal framework of the laws of treason and sedition as they developed in the British Atlantic. The treason laws originated in the reign of Edward III, and were adapted and modified in the 16th and 17th centuries. They were exported to the colonies, where they underwent both adaptation and elaboration in application in the slave societies as well as those dominated by free settlers. Relationships with natives and European rivals in the Americas affected the definitions of treason in practice, and the divided loyalties of the American revolutionary war added further problems of defining loyalty and treachery. Treason and Rebellion in the British Atlantic, 1685-1800 offers a new study of treason and sedition in the period by placing them in a truly transatlantic perspective, making it a valuable study for those interested in the legal and political of Britain's empire and 18th-century revolutions.