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The Unconstitutionality Of Slavery
''The Unconstitutionality of Slavery'' (1845) was a book by American abolitionist Lysander Spooner advocating the view that the United States Constitution prohibited slavery. This view was advocated in contrast to that of William Lloyd Garrison who advocated opposing the constitution on the grounds that it supported slavery. In the pamphlet, Spooner shows that none of the state governments of the slave states specifically authorized slavery, that the U.S. Constitution contains several clauses that are contradictory with slavery, that slavery was a violation of natural law, and that the ''intentions'' of the Constitutional Convention have no legal bearing on the document they created. Thus, Spooner's position is one that employs ''original meaning''-styled textualism and rejects ''original intent''-styled originalism In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be int ...
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Abolitionism In The United States
In the United States, abolitionism, the movement that sought to end slavery in the country, was active from the late colonial era until the American Civil War, the end of which brought about the abolition of American slavery through the Thirteenth Amendment to the United States Constitution (ratified 1865). The anti-slavery movement originated during the Age of Enlightenment, focused on ending the trans-Atlantic slave trade. In Colonial America, a few German Quakers issued the 1688 Germantown Quaker Petition Against Slavery, which marks the beginning of the American abolitionist movement. Before the Revolutionary War, evangelical colonists were the primary advocates for the opposition to slavery and the slave trade, doing so on humanitarian grounds. James Oglethorpe, the founder of the colony of Georgia, originally tried to prohibit slavery upon its founding, a decision that was eventually reversed. During the Revolutionary era, all states abolished the international sla ...
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Lysander Spooner
Lysander Spooner (January 19, 1808May 14, 1887) was an American individualist anarchist, abolitionist, entrepreneur, essayist, legal theorist, pamphletist, political philosopher, Unitarian and writer. Spooner was a strong advocate of the labor movement and anti-authoritarian and individualist anarchist in his political views.Martin, James J. (1953)''Men Against the State: The Expositers of Individualist Anarchism in America, 1827–1908''"Lysander Spooner, Dissident Among Dissidents"
Auburn: Mises Institute. pp. 167–201. .Rosemont, Henry Jr. (2015). ''Against Individualism: A Confucian Rethinking of the Foundations of Morality, Politics, Family, and Religion''. Lanham: Lexington Books. p. 78. . His economic and po ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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William Lloyd Garrison
William Lloyd Garrison (December , 1805 – May 24, 1879) was a prominent American Christian, abolitionist, journalist, suffragist, and social reformer. He is best known for his widely read antislavery newspaper '' The Liberator'', which he founded in 1831 and published in Boston until slavery in the United States was abolished by constitutional amendment in 1865. Garrison promoted "no-governmentism" and rejected the inherent validity of the American government on the basis that its engagement in war, imperialism, and slavery made it corrupt and tyrannical. He initially opposed violence as a principle and advocated for Christian nonresistance against evil; at the outbreak of the Civil War, he abandoned his previous principles and embraced the armed struggle and the Lincoln administration. He was one of the founders of the American Anti-Slavery Society and promoted immediate and uncompensated, as opposed to gradual and compensated, emancipation of slaves in the United States. ...
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Slave States
In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were not. Between 1812 and 1850, it was considered by the slave states to be politically imperative that the number of free states not exceed the number of slave states, so new states were admitted in slave–free pairs. There were, nonetheless, some slaves in most free states up to the 1840 census, and the Fugitive Slave Act of 1850 specifically stated that a slave did not become free by entering a free state. Although Native Americans had small-scale slavery, slavery in what would become the United States was established as part of European colonization. By the 18th century, slavery was legal throughout the Thirteen Colonies, after which rebel colonies started to abolish the practice. Pennsylvania abolished slavery in 1780, and about half the states abolished slavery by the end of the Revolutionary War or ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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Textualism
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.Keith E. Whittington, Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (2001) . Definition The textualist will "look at the statutory structure and hear the words as they would sound in the mind of a skilled, objectively reasonable user of words." The textualist thus does not give weight to legislative history materials when attempting to ascertain the meaning of a text. Textualism is often erroneously conflated with originalism, and was advocated by United States Supreme Court Justices such as Hugo Black and Antonin Scalia; the latter staked out his claim in his 1997 Tanner Lecture: " tis the ' ...
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Originalism
In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five.B. Boyce"Originalism and the Fourteenth Amendment" 33 ''Wake Forest L. Rev.'' 909. This notion stands in contrast to the concept of the Living Constitution, which asserts that the Constitution should be interpreted based on the context of current times, even if such interpretation is different from the original interpretations of the document. Originalism should not be confused with strict constructionism. The development of originalism was influenced by Herbert Wechsler's influential lecture on ''Neutral Principles''. The idea that judicial review was distinguished from ordinary pol ...
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Abolitionism
Abolitionism, or the abolitionist movement, is the movement to end slavery. In Western Europe and the Americas, abolitionism was a historic movement that sought to end the Atlantic slave trade and liberate the enslaved people. The British abolitionist movement started in the late 18th century when English and American Quakers began to question the morality of slavery. James Oglethorpe was among the first to articulate the Enlightenment case against slavery, banning it in the Province of Georgia on humanitarian grounds, and arguing against it in Parliament, and eventually encouraging his friends Granville Sharp and Hannah More to vigorously pursue the cause. Soon after Oglethorpe's death in 1785, Sharp and More united with William Wilberforce and others in forming the Clapham Sect. The Somersett case in 1772, in which a fugitive slave was freed with the judgement that slavery did not exist under English common law, helped launch the British movement to abolish slavery. T ...
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1845 Books
Events January–March * January 10 – Elizabeth Barrett receives a love letter from the younger poet Robert Browning; on May 20, they meet for the first time in London. She begins writing her ''Sonnets from the Portuguese''. * January 23 – The United States Congress establishes a uniform date for federal elections, which will henceforth be held on the first Tuesday after the first Monday in November. * January 29 – ''The Raven'' by Edgar Allan Poe is published for the first time, in the ''New York Evening Mirror''. * February 1 – Anson Jones, President of the Republic of Texas, signs the charter officially creating Baylor University (the oldest university in the State of Texas operating under its original name). * February 7 – In the British Museum, a drunken visitor smashes the Portland Vase, which takes months to repair. * February 28 – The United States Congress approves the annexation of Texas. * March 1 – President John Tyler signs a bill authorizing the Un ...
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Pamphlets
A pamphlet is an unbound book (that is, without a hard cover or binding). Pamphlets may consist of a single sheet of paper that is printed on both sides and folded in half, in thirds, or in fourths, called a ''leaflet'' or it may consist of a few pages that are folded in half and saddle stapled at the crease to make a simple book. For the "International Standardization of Statistics Relating to Book Production and Periodicals", UNESCO defines a pamphlet as "a non-periodical printed publication of at least 5 but not more than 48 pages, exclusive of the cover pages, published in a particular country and made available to the public" and a book as "a non-periodical printed publication of at least 49 pages, exclusive of the cover pages". The UNESCO definitions are, however, only meant to be used for the particular purpose of drawing up their book production statistics. Etymology The word ''pamphlet'' for a small work (''opuscule'') issued by itself without covers came into Middl ...
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