Constitutional History of the American Revolution: The Authority of Rights, Volume 1

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Univ of Wisconsin Press, 2003 - History - 374 pages

Constitutional History of the American Revolution

Volume I: The Authority of Rights

Volume II: The Authority to Tax

Volume III: The Authority to Legislate

Volume IV: The Authority of Law


John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.

 

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Contents

THE ENGLISHNESS OF RIGHTS
9
Bestness of Rights
11
RIGHTS IN GENERAL
16
Continental Rights
17
Right to Petition
21
Rule of Law
23
Timelessness of Rights
24
THE RIGHT TO PROPERTY
27
The Purpose of Migration
121
The Equality of Migration
122
THE MIGRATION PURCHASE
124
The Cost of Migration
125
The Physical Purchase
127
The ValueAdded Purchase
129
THE ORIGINAL CONTRACT
132
The Theory of Contract
134

The Centrality of Property
29
Liberty and Property
31
THE RIGHT TO SECURITY
34
Government and Property
36
THE RIGHT TO GOVERNMENT
39
Representation and Property
41
The Definition of Property
44
THE JURY RIGHT
47
The Value of Jury
48
The Threat to Jury
52
The British Analogy
55
EQUALITY OF RIGHTS
60
The Equality of Dilemma
62
AUTHORITY OF RIGHTS
65
The Immemoriality of Rights
67
Statutory Rights
71
Rights by Custom
72
CONSTITUTIONAL AUTHORITY
74
Rights at Law
75
The End of Government
78
THE RIGHT TO ISONOMY
82
Equality in Rights
83
The Imperial Inequality
85
THE AUTHORITY OF NATURE
87
Natural Rights
88
The Irrelevancy of Natural Rights
90
The Mythology of Natural Rights
92
RIGHTS AS PROPERTY
96
The Vocabulary of Property
98
The Tenure of Rights
101
PROPERTY IN RIGHTS
103
The Property Imperative
106
The American Language
107
The American Inheritance
109
The Importance of Property
111
THE AUTHORITY OF MIGRATION
114
The Significance of Migration
115
The Right of Migration
118
The Expectation of Migration
120
The Reality of Contract
136
The Terms of the Contract
137
THE ORIGINAL COLONIAL CONTRACT
139
The Implied Colonial Contract
141
The Taxation Stipulation
145
THE REALITY OF CONTRACT
146
The Specificity of Contract
149
The Contract of Promise
150
The Proclamation Contract
153
The Rule of Campbell v Hall
155
THE EVIDENCE OF CHARTER
159
The Contract of Charter
160
The Rights of Charter
162
The Probativeness of Charter
164
THE COLONIAL GRIEVANCES
169
The American Complaints
173
THE ADMIRALTY GRIEVANCE
177
The Procedural Grievances
178
The CivilLaw Grievance
179
The Inequality Grievance
181
THE DUTY OF RIGHTS
184
The Duty of Transit
185
The Duties to Preserve and Defend
187
THE EXIGENCY OF RIGHTS
187
The SearchWarrant Grievance
187
THE ISSUE OF RIGHTS
191
The Rights Instructions
192
The Seriousness of Rights
197
THE CAUSATION OF RIGHTS
201
The Motivation of Rights
203
The Motivation of Constitutionalism
208
THE REDRESS OF RIGHTS
210
The Redress of Grievances
212
CONCLUSION
219
ACKNOWLEDGMENTS
233
SHORT TITLES
235
NOTES
309
INDEX
356
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