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Colonial origins of the American Constitution a documentary history edited and with an introductory essay by Donald S. Lutz.

Colaborador(es): Detalles de publicación: Indianapolis, IN Liberty Fund c1998.Descripción: xl, 396 p. 24 cmISBN:
  • 0865971560
  • 0865971579
Tema(s): Clasificación CDD:
  • 342.73/029 21
Clasificación LoC:
  • KF4502 .C58 1998
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Libro Biblioteca de Derecho Mons. Fremiot Torres Oliver Colección General biblioteca derecho KF 4502 .C58 1998 (Navegar estantería(Abre debajo)) Disponible 70000000589718
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This landmark collection of eighty documents created by the American colonists -- and not English officials -- is the genesis of American fundamental law and constitutionalism. Included are all documents attempting to unite the colonies, beginning with the New England Confederation of 1643.

Includes bibliographical references (p. 395-396).

Tabla de contenidos provista por Syndetics

  • Preface(p. xv)
  • Introductory Essay(p. xx)
  • New Hampshire
  • Chapter 1 Agreement of the Settlers at Exeter in New Hampshire, July 5, 1639(p. 3)
  • The covenant that created Exeter's first town government
  • Chapter 2 General Laws and Liberties of New Hampshire, March 16, 1680(p. 5)
  • An apparent legal code for the province of New Hampshire that also lays out the government's institutions and powers
  • Massachusetts
  • Chapter 3 Agreement Between the Settlers at New Plymouth (The Mayflower Compact), November 11, 1620(p. 31)
  • The oldest and most famous colonial political covenant
  • Chapter 4 Plymouth Oath of Allegiance and Fidelity, 1625(p. 33)
  • The oldest surviving citizenship oath-designed to bring post-1620 arrivals into the Mayflower Compact agreement
  • Chapter 5 The Salem Covenant of 1629(p. 35)
  • Another citizenship oath, but one that functioned for several years as the only basis for town government
  • Chapter 6 Agreement of the Massachusetts Bay Company at Cambridge, England, August 26, 1629(p. 36)
  • An equivalent to the Mayflower Compact but written by the colonists in England before they set sail
  • Chapter 7 The Watertown Covenant of July 30, 1630(p. 38)
  • Strictly speaking a church covenant, it is also a political covenant because the settlers were establishing a theocracy
  • Chapter 8 Massachusetts Election Agreement, May 18, 1631(p. 40)
  • The oldest colonial provision for a formal electoral process
  • Chapter 9 The Oath of a Freeman, or of a Man to Be Made Free, 1631(p. 41)
  • Until 1631 almost all freemen had been politically bound by the church covenant. This oath covered nonchurch members
  • Chapter 10 The Massachusetts Agreement on the Legislature, May 9, 1632(p. 43)
  • The first formal specification of Massachusetts political institutions and, although brief, still a protoconstitution
  • Chapter 11 Cambridge Agreement, December 24, 1632(p. 45)
  • Town meetings predated this document, but it is the oldest surviving agreement formally establishing the institution
  • Chapter 12 Dorchester Agreement, October 8, 1633(p. 46)
  • Establishes a town meeting and is the oldest document to create an elected council to run government between meetings
  • Chapter 13 Cambridge Agreement on a Town Council, February 3, 1634(p. 48)
  • An ordinance passed by the town meeting creating a town council
  • Chapter 14 Massachusetts Agreement on the Legislature, May 14, 1634(p. 50)
  • A revision of, and enlargement upon, The Massachusetts Agreement on the Legislature [10], which looked like a constitution and essentially functioned as one
  • Chapter 15 The Oath of a Freeman, May 14, 1634(p. 52)
  • Replacement for The Oath of a Freeman [9], which reflects an evolving sense of citizenship by not requiring church membership
  • Chapter 16 Salem Oath for Residents, April 1, 1634(p. 54)
  • An oath for noncitizen residents
  • Chapter 17 Watertown Agreement on Civil Officers, August 23, 1634(p. 56)
  • Ordinance establishing the town's first civil offices
  • Chapter 18 The Enlarged Salem Covenant of 1636(p. 57)
  • Much longer than the document it replaces, The Salem Covenant of 1629 [5], this covenant dwells on the values and commitments held in common
  • Chapter 19 Plymouth Agreement, November 15, 1636(p. 60)
  • A brief, powerful statement of popular sovereignty-inserted later into the Pilgrim Code of Law [20]
  • Chapter 20 Pilgrim Code of Law, November 15, 1636(p. 61)
  • Not really a code of law but a political covenant/compact that looks like and serves as a true constitution
  • Chapter 21 Dedham Covenant, 1636(p. 68)
  • The agreement that established Dedham's town government
  • Chapter 22 The Massachusetts Body of Liberties, December 1641(p. 70)
  • Important code of law that contains most of the rights in the U.S. Bill of Rights, at least eight of which originate here
  • Chapter 23 The Combination of the Inhabitants upon the Piscataqua River for Government, October 22, 1641(p. 88)
  • A political compact resting town government on popular sovereignty
  • Chapter 24 Massachusetts Bicameral Ordinance, March 7, 1644(p. 90)
  • The first explicit creation of a bicameral legislature
  • Chapter 25 Massachusetts Ordinance on the Legislature, November 13, 1644(p. 92)
  • An ordinance altering the size and mode of electing the legislature
  • Chapter 26 The Laws and Liberties of Massachusetts, 1647(p. 95)
  • A codification of earlier laws, this organic act also functioned as a constitution for the colony
  • Chapter 27 Massachusetts Ordinance on Legislative Procedure, October 18, 1648(p. 136)
  • The earliest formal specification of internal legislative procedures in the colonies
  • Chapter 28 Towns of Wells, Gorgiana, and Piscataqua Form an Independent Government, July 1649(p. 139)
  • Three towns in an area claimed by Massachusetts later to become Maine use a compact to create a joint government
  • Chapter 29 The Cambridge Agreement of October 4, 1652(p. 141)
  • The Cambridge town meeting lays out the basic values and principles that are to guide Cambridge's elected representatives
  • Chapter 30 Puritan Laws and Liberties, September 29, 1658(p. 143)
  • A revision of the Pilgrim Code of Law [20] and thus, in effect, an amending of the constitution of the Plymouth Colony
  • Chapter 31 An Act of the General Court, June 10, 1661(p. 158)
  • The basic principles of Massachusetts government and also an attempt to define the relationship between colony and king
  • Rhode Island
  • Chapter 32 Providence Agreement, August 20, 1637(p. 161)
  • A brief political compact resting on popular sovereignty, and the earliest colonial attempt to separate church and state
  • Chapter 33 Government of Pocasset, March 7, 1638(p. 163)
  • The political covenant that established the Pocasset town government
  • Chapter 34 Newport Agreement, April 28, 1639(p. 165)
  • A brief, general compact establishing town government on the basis of popular sovereignty
  • Chapter 35 The Government of Portsmouth, April 30, 1639(p. 166)
  • An unusual foundation document in that town government is grounded on an implicit civil covenant
  • Chapter 36 Plantation Agreement at Providence, August 27, 1640(p. 168)
  • A compact written and adopted by representatives specifically elected to design a system of government by arbitration
  • Chapter 37 Organization of the Government of Rhode Island, March 16-19, 1642(p. 172)
  • A compact that explicitly establishes a "Democracie," or "Popular Government," for the combined towns of Rhode Island
  • Chapter 38 Warwick Agreement, August 8, 1647(p. 176)
  • The representatives of Warwick establish town government on popular approval of a civil covenant sanctioned by the king
  • Chapter 39 Acts and Orders of 1647(p. 178)
  • This code of law also contains the institutional description that allows it to function as a constitution for the colony
  • Chapter 40 Charter of Providence, March 14, 1649(p. 204)
  • Providence is granted a charter for its government by the colony government at the request of the freemen
  • Chapter 41 General Assembly of Rhode Island Is Divided into Two Houses, March 27, 1666(p. 207)
  • The colony's legislature amends the Acts and Orders of 1647 to divide itself into two separate houses connecticut [39]
  • Chapter 42 Plantation Covenant at Quinnipiack, April 1638(p. 209)
  • An interim agreement which, after fourteen months, was replaced by the New Haven Fundamentals [50]
  • Chapter 43 Fundamental Orders of Connecticut, January 14, 1639(p. 210)
  • A constitution that defined Connecticut's political institutions as both a colony and a state until 1816
  • Chapter 44 Guilford Covenant, June 1, 1639(p. 216)
  • Written aboard ship, this covenant forms a people who agree to later create a government (see The Government of Guilford [49])
  • Chapter 45 Structure of Town Governments, October 10, 1639(p. 217)
  • A set of amendments that address the status of the Fundamental Orders of Connecticut [43] as a federal system
  • Chapter 46 Fundamental Articles of New Haven, June 4-14, 1639(p. 221)
  • A summary of basic political principles, with the discussion surrounding its adoption that reveals underlying reasoning
  • Chapter 47 Connecticut Oath of Fidelity, 1640(p. 227)
  • A citizenship oath that brought those who arrived after 1639 into the 1639 founding compact-the Fundamental Orders of Connecticut [43]
  • Chapter 48 Capitall Lawes of Connecticut, Established by the Generall Court the First of December, 1642(p. 229)
  • An ordinance that greatly reduces the number of reasons, compared with English common law, for using capital punishment
  • Chapter 49 The Government of Guilford, June 19, 1643(p. 232)
  • The detailed political covenant these colonists had agreed to establish in the Guilford Covenant [44]
  • Chapter 50 New Haven Fundamentals, October 27, 1643(p. 235)
  • The Constitution of New Haven that guided the colony as a federation of towns until it united with Connecticut in 1662
  • Chapter 51 Majority Vote of Deputies and Magistrates Required for the Passage of Laws in Connecticut, February 5, 1645(p. 239)
  • An amendment to the Fundamental Orders of Connecticut [43] clarifying the bicameral relationship
  • Chapter 52 Connecticut Code of Laws, 1650(p. 241)
  • This code serves as a bill of rights and as part of Connecticut's colonial constitution
  • Chapter 53 Preface to the General Laws and Liberties of Connecticut Colony Revised and Published by Order of the General Court Held at Hartford in October 1672(p. 250)
  • Designed to replace the code of laws passed before New Haven joined Connecticut (see Connecticut Code of Laws [52]), the preface shows that the code is considered to be part of the foundation covenant
  • Chapter 54 Division of the Connecticut General Assembly into Two Houses, October 13, 1698(p. 253)
  • A constitutional ordinance that officially established the bicameralism that had been implicit but imperfectly operative since 1639
  • New York
  • Chapter 55 A Letter from Governor Richard Nicolls to the Inhabitants of Long Island, February 1665(p. 254)
  • The order that established a representative legislature in New York
  • Chapter 56 Charter of Liberties and Privileges, October 30, 1683(p. 256)
  • A constitution and bill of rights adopted by the legislature
  • New Jersey
  • Chapter 57 Fundamentals of West New Jersey, 1681(p. 263)
  • A constitution adopted by the New Jersey legislature
  • Pennsylvania
  • Chapter 58 Concessions to the Province of Pennsylvania, 1681(p. 266)
  • An agreement that established the terms of settlement for Pennsylvania
  • Chapter 59 Charter of Liberties and Frame of Government of the Province of Pennsylvania in America, May 5, 1682(p. 271)
  • The first Pennsylvania constitution, including a bill of rights, with a preface laying out the principles underlying it
  • Chapter 60 An Act for Freedom of Conscience, December 7, 1682(p. 287)
  • Establishes freedom of conscience for all those who profess a minimal belief in God
  • Chapter 61 Pennsylvania Charter of Liberties, 1701(p. 290)
  • The Frame of Government (constitution) that replaced the 1696 frame and defined Pennsylvania government until 1776
  • Maryland
  • Chapter 62 Orders Devised and Published by the House of Assembly to be Observed During the Assembly, February 25, 1638(p. 297)
  • Procedural rules governing the deliberative process in the legislature
  • Chapter 63 Act for Establishing the House of Assembly and the Laws to Be Made Therein, 1638(p. 299)
  • Political compact that formally established the Maryland legislature
  • Chapter 64 An Act for Church Liberties, 1638(p. 302)
  • One of the earliest statements on religious freedom, this compact extended that freedom to Catholics in Maryland
  • Chapter 65 An Act for Swearing Allegeance, 1638(p. 303)
  • A typical oath confirming English citizenship that together with the oath of a local political covenant expresses a dual citizenship in a de facto federal structure
  • Chapter 66 An Act What Persons Shall Be Called to Every General Assembly and an Act Concerning the Calling of General Assemblies, 1638(p. 305)
  • A temporary constitution that grounds political institutions on popular sovereignty-proposed by the Lord Proprietary and approved by the freemen gathered in a General Assembly
  • Chapter 67 An Act for the Liberties of the People, 1638(p. 308)
  • A brief, temporary bill of rights
  • Chapter 68 Maryland Toleration Act, April 21, 1649(p. 309)
  • Established the broadest definition of religious freedom in seventeenth-century colonial America until the establishment of Pennsylvania
  • Virginia
  • Chapter 69 Articles, Laws, and Orders, Divine, Politic, and Martial for the Colony in Virginia, 1610-1611(p. 314)
  • Based on martial law rather than on consent and not in any sense covenantal, the first colonial code of law reflects the importance of religion to Virginia political culture
  • Chapter 70 Laws Enacted by the First General Assembly of Virginia, August 2-4, 1619(p. 327)
  • The first colonial political compact of any type, this code of law is also the first passed by a representative body
  • Chapter 71 Constitution for the Council and Assembly in Virginia, July 24, 1621(p. 336)
  • Formally establishes a bicameral legislature for Virginia
  • Chapter 72 Laws and Orders Concluded by the Virginia General Assembly, March 5, 1624(p. 339)
  • A major amendment to, and update of, Laws Enacted by the First General Assembly [70]
  • North Carolina
  • Chapter 73 Act Relating to the Biennial and Other Assemblies and Regulating Elections and Members in North Carolina, 1715(p. 345)
  • Formalizes the legislature and the electoral process for selecting representatives
  • South Carolina
  • Chapter 74 Act to Ascertain the Manner and Form of Electing Members to Represent the Province, 1721(p. 350)
  • A legislative act that defines the basis for representation in South Carolina and lays out a fair electoral process
  • Georgia
  • Chapter 75 Act to Ascertain the Manner and Form of Electing Members to Represent the Inhabitants of This Province in the Commons House of Assembly, June 9, 1761(p. 359)
  • The first formal definition of the electoral process underlying representative government in Georgia. Confederations
  • Chapter 76 The New England Confederation, 1643(p. 365)
  • A true confederation and the first attempt to unite several colonies created by different charters
  • Chapter 77 The Albany Plan of Union, 1754(p. 370)
  • Although never ratified, the first serious attempt to unite all the colonies under a common compact
  • Chapter 78 The Articles of Confederation, November 15, 1777(p. 376)
  • The first U.S. Constitution-a compact that created a confederation
  • Appendix: Unadopted Colonial Plans of Union(p. 387)
  • Chapter 79 William Penn's Plan of Union, February 8, 1697(p. 389)
  • The first proposal for uniting all the colonies under a general government
  • Chapter 80 Joseph Galloway's Plan of Union, 1774(p. 391)
  • The immediate precursor to the Articles of Confederation
  • Bibliography(p. 395)
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