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Constituting Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830 (Studies in Legal History)
 
 
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Constituting Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830 (Studies in Legal History) [Paperback]

Daniel J. Hulsebosch (Author)

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Book Description

0807859206 978-0807859209 August 14, 2008
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.


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Editorial Reviews

Review

"A sophisticated and insightful analysis of American constitutional theory and the development of law as the expression of that theory within a conceptual structure rooted in the understanding of empire."
Register of the Kentucky Historical Society

"As Hulsebosch brilliantly describes, the constitution of the British Empire was rarely settled and almost always hotly contested."
-- Harvard Law Review

"Provocative. . . . Hulsebosch has successfully placed early American constitutional history in two critical contexts: the social history of mobility as well as the intellectual paradigm of empire. The result deserves to be read by both social historians and legal scholars of this period."
William and Mary Quarterly

"An interesting and important dimension to the old Progressive historical perspective that explains how a divided people became one."
-- Journal of the Early Republic

A pleasure to read.

--American Historical Review

[Hulsebosch] brilliant book will have a profound impact on our understanding of the American Revolution. . . .

--Law and History Review

A capacious and beautifully written history.

Christine Desan, Harvard Law School

Utterly persuasive. . . . Hulsebosch's handling of the historical evidence is impeccable, and his writing is crisp and clear.

Larry D. Kramer, Stanford Law School

From the Inside Flap

The traditional understanding of American constitutional law is that the Revolution caused a shift in the conception of the constitution from merely a description of governmental roles to a set of restrictions on the power of the state. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutional law were based on British ones and that American colonists and administrators reconfigured British legal sources to suit their needs in their own expanding empire.

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Inside This Book (learn more)
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Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
legal federalism, good behavior tenure, constitutional canon, imperial agents, popular constitutionalism, provincial supreme court, constitutional resources, legal genre, provincial resistance, constitutional culture, colonial constitution, ratification debate, provincial lawyers, metropolitan officials, ancient constitution, provincial elite, separated powers
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Privy Council, United States, Board of Trade, Native Americans, Continental Congress, Great Britain, John Jay, North America, Provincial Congress, Council of Appointment, Van Buren, Charter of Libertyes, James Kent, Mayor's Court, Cadwallader Colden, Alexander Hamilton, Long Island, Philadelphia Convention, William Johnson, British Parliament, Calvin's Case, Gouverneur Morris, Mohawk Valley, Stamp Act
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