Constitutional History of the American Revolution: The authority to legislate, Volume 3

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Univ of Wisconsin Press, 1986 - History - 495 pages
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This is the first comprehensive study of the constitutionality of the Parliamentary legislation cited by the American Continental Congress as a justification for its rebellion against Great Britain in 1776.  The content and purpose of that legislation is well known to historians, but here Reid places it in the context of eighteenth-century constitutional doctrine and discusses its legality in terms of the intellectual premises of eighteenth-century Anglo-American legal values.  
    The third installment in a planned four-volume work, The Authority to Legislate  follows The Authority to Tax and The Authority of Rights.  In this volume, Reid shows that the inflexibility of British constitutional principle left no room for settlement or change;  Parliament became entrapped by the imperatives of the constitution it was struggling to preserve.  He analyzes the legal theories put forward in support of Parliament’s authority to legislate and the specific precedents cited as evidence of that authority. 
    Reid’s examination of both the debate over the authority to legislate and the constitutional theory underlying the debate shows the extent to which the American Revolution and the Declaration of Independence were actions taken in defense of the rule of law.  Considered as a whole, Reid’s Constitutional History of the American Revolution contributes to an understanding of the central role of legal and constitutional standards, especially concern for rule by law, in the development of the American nation.

 

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Contents

INTRODUCTION
3
CULTURE OF CONSTITUTIONALISM
17
PASSAGE OF THE DECLARATORY
34
SCOPE OF THE DECLARATORY
47
THE LOGIC OF SUPREMACY
63
LIMITS OF SUPREMACY
79
CONSTRAINTS OF TRUST
87
CONSTRAINTS OF CONSENT
97
PRECEDENTS OF HISTORY
159
PRECEDENTS OF CHARTER
172
PRECEDENTS OF ANALOGY
192
PRECEDENTS OF REGULATION
207
AUTHORITY TO REGULATE
222
PRECEDENTS OF LEGISLATION
246
LEGISLATION OF SUPREMACY
273
Tea Tax
290

CONSTRAINTS OF CONTRACT
111
CONSTRAINTS OF CONSTITUTIONALISM
126
CONSTRAINTS OF LIBERTY
142
CONSTRAINTS OF Law
151
CONCLUSION
300
NOTES
395
INDEX
477
Copyright

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About the author (1986)

John Phillip Reid is professor of law at New York University.  His work on American and British legal history has been widely acclaimed for decades. In addition to the Constitutional History of the American Revolution, his many books include The Concept of Liberty in the Age of the American Revolution and The Concept of Representation in the Age of the American Revolution.