>>> Item number 165, dated 93/09/18 21:02:06 -- ALL
Date: Sat, 18 Sep 1993 21:02:06 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Help with Southern Constitutionalism
I am a M.A. student at the University of Connecticut and I am exploring the possibility of doing research in the area of Southern Legal History. My interest was prompted by a friend who related to me a quote from the book Roll Jordan Roll claiming that there was a gap in the scholarship linking the southern legal picture to the national picture. Being an absolute novice in the area, I am trying to locate works which would help me to define the scope of my research. Initially, I have to produce a work about article length, but would like to be able to expand it to dissertation length. As of this moment, I'm leaning towards the area of Southern Constitutional thinking as opposed to Southern Legal culture. Any guidance in this matter would be most appreciated.
Michael A. Reno
Mar93009@UCONNVM.UCONN.EDU
Editor's Note:
Perhaps I can save a step by making the obvious suggestion myself:
Kermit L. Hall and James W. Ely, Jr., *An Uncertain Tradition: Constitutionalism and the History of the South* Athens, London: University of Georgia Press, 1989.
Arthur Bestor. "State Sovereignty and Slavery: A Reinterpretation of Proslavery Constitutional Doctrine, 1846-1860," *Journal of the Illinois State Historical Society* 54 (1961): 117-80.
I hope subscribers will correct me if I err, but it seems to me that historians have traditionally linked Anti-Federalism with the South, seeing the Virginia and Kentucky Resolutions as ideological stepping stones to secession. But Gordon Wood (in *Radicalism of the American Revolution*) links Anti-Federalism with the free market in a peculiarly unsouthern fashion. Southerners are supposed to be "proto-capitalist" or "feudal" or "in the market but not of the market." There are enough references to "in the North, at least" in *Radicalism* to suggest that Wood writes about the North and not the South. So I guess he means "some" Anti-Federalists when he seems to say "all."
Anyway, Anti-Federalism is the key to understanding southern constitutionalism and its regional aspects remain largely unexplored.
>>> Item number 166, dated 93/09/18 21:28:42 -- ALL
Date: Sat, 18 Sep 1993 21:28:42 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Southern Constitutionalism
What about Richard Franklin Bensel, _Yankee Leviathan_? Despite the title it's about the South too.
>>> Item number 167, dated 93/09/19 14:24:31 -- ALL
Date: Sun, 19 Sep 1993 14:24:31 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: Help with Southern Constitutionalism
hello michael reno, and welcome to the east coast and to e-mail!
let me recommend bodenhamer & ely, _ ambivalent legacy: a legal history of the south_ (jackson: university press of mississippi, 1984. [KF352.A78 1984]
> book Roll Jordan Roll claiming that there was a gap in the scholarship > linking the southern legal picture to the national picture.
could you give us the tidbit and what the claimed gap is?
--
>>> Item number 168, dated 93/09/19 14:18:34 -- ALL
Date: Sun, 19 Sep 1993 14:18:34 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Help with Southern Constitutionalism
Again, I am not a historian, but a lawyer. However, a book called Constitutional Development in Alabama, published I think by the University of Alabama press, should be of some help. I and others have used it in civil rights suits - we focused on the 1901 Constitution, which was the Jim Crow document. However, the book covers all the history of the several constitutions in Alabama and may be of some help to you.
You should also contact professor Whyte Holt, at the University of Alabama School of Law. (In Tuscaloosa, Alabama). He is a historian and professor of law and up to speed on law and history in the south.
Cleveland Thornton | Compuserve ID
Attorney at Law | 74746,1422
Bromley Greene & Walsh |
7600 Leesburg Pike #420 | Internet ID
Falls Church, VA 22043 | 74746.1422@compuserve.com
703-448-0073 (Voice) | thornton@cap.gwu.edu
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703-448-7345 (Fax Machine) |
"Computers are useless. They can only give you answers"
--Pablo Picasso
>
>>> Item number 169, dated 93/09/20 17:11:47 -- ALL
Date: Mon, 20 Sep 1993 17:11:47 CDT Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@ecnuxa.bitnet Subject: Re: Help with Southern Constitutionalism
You probably want to get Paul Finkelman's essay in the NORTH CAROLINA LAW REVIEW of about three years ago. It is a nice summary of the main issues and what has been written. Paul also does a good job with suggesting possible areas of future scholarship. Others have already given you several good suggestions, but I have not seen Paul's essay mentioned. If I were close to my files, I would give you an exact citation. Happy hunting. Kermit L. Hall
In Message Sat, 18 Sep 1993 21:02:06 CDT, cfcrw%ecnuxa.BITNET@uga.cc.uga.edu writes:
> I am a M.A. student at the University of Connecticut and I am exploring
> the possibility of doing research in the area of Southern Legal History.
> My interest was prompted by a friend who related to me a quote from the
> book Roll Jordan Roll claiming that there was a gap in the scholarship
> linking the southern legal picture to the national picture. Being an
> absolute novice in the area, I am trying to locate works which would
> help me to define the scope of my research. Initially, I have to produce
> a work about article length, but would like to be able to expand it to
> dissertation length. As of this moment, I'm leaning towards the area
> of Southern Constitutional thinking as opposed to Southern Legal
> culture. Any guidance in this matter would be most appreciated.
>
> Michael A. Reno
> Mar93009@UCONNVM.UCONN.EDU
>
>Editor's Note:
> Perhaps I can save a step by making the obvious suggestion myself:
>
>Kermit L. Hall and James W. Ely, Jr., *An Uncertain Tradition:
>Constitutionalism and the History of the South* Athens, London: University
>of Georgia Press, 1989.
>
>Arthur Bestor. "State Sovereignty and Slavery: A Reinterpretation of
>Proslavery Constitutional Doctrine, 1846-1860," *Journal of the Illinois
>State Historical Society* 54 (1961): 117-80.
>
>
>I hope subscribers will correct me if I err, but it seems to me that
>historians have traditionally linked Anti-Federalism with the South,
>seeing the Virginia and Kentucky Resolutions as ideological stepping
>stones to secession. But Gordon Wood (in *Radicalism of the American
>Revolution*) links Anti-Federalism with the free market in a peculiarly
>unsouthern fashion. Southerners are supposed to be "proto-capitalist" or
>"feudal" or "in the market but not of the market." There are enough
>references to "in the North, at least" in *Radicalism* to suggest that Wood
>writes about the North and not the South. So I guess he means "some"
>Anti-Federalists when he seems to say "all."
> Anyway, Anti-Federalism is the key to understanding southern
>constitutionalism and its regional aspects remain largely unexplored.
Kermit L. Hall AS_KLH@vax1.utulsa.edu
>>> Item number 173, dated 93/09/22 18:07:15 -- ALL
Date: Wed, 22 Sep 1993 18:07:15 CDT
Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET>
Sender: Legal History discussion list <H-LAW@UICVM.BITNET>
From: cfcrw@ecnuxa.bitnet
Subject: Re: Help with Southern Constitutionalism
Add Don Fehrenbacher's *The Dred Scott Case* to a list of
studies of southern constitutionalism. And Walter H.
Bennet, *American Theories of Federalism*.
Richard Ellis's *The Union at Risk* (about the Nullification
Crisis) offers insights, and a first chapter on early
state-rights/state sovereignty theory.
Charles S. Sydnor, *The Development of Southern
Sectionalism, 1819-1848* has a chapter on the southern
adoption of state rights, and other scattered information.
Peter Knupfer's *The Union as It Is: Constitutional
Unionism and Sectional Compromise, 1787-1861* studies
unionism but offers good insights into threats to the Union.
Les Benedict
benedict.3@osu.edu