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Rutgers v. Waddington - Alexander Hamilton, the End of the Warfor Independence, and the Origins of Judicial Review (Hardcover)
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Rutgers v. Waddington - Alexander Hamilton, the End of the Warfor Independence, and the Origins of Judicial Review (Hardcover)
Series: Landmark Law Cases and American Society
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Once the dust of the Revolution settled, the problem of reconciling
the erstwhile warring factions arose, and as is often the case in
the aftermath of violent revolutions, the matter made its way
intothe legal arena. Rutgers v. Waddington was such a case. Through
this little-known but remarkable dispute over back rent for
aburned-down brewery, Peter Charles Hoffer recounts a tale of
political and constitutional intrigue involving some of the most
important actors in America's transition from a confederation of
states under the Articles of Confederation to a national republic
under the US Constitution. At the end of the Revolution, the widow
Rutgers and her sons returned to the brewery they'd abandoned when
the British had occupied New York. They demanded rent from
Waddington, the loyalist who hadrented the facility under the
British occupation.Under a punitive New York state law, the
loyalist Waddington was liable. But the peace treaty's provisions
protecting loyalists'property rights said otherwise. Appearing for
the defendants was war veteran, future Federalist, and first
secretary of the treasury,Alexander Hamilton. And, as always,
lurking in the background was the estimable Aaron Burr. As Hoffer
details Hamilton's arguments for the supremacy of treaty law over
state law, the significance of Rutgers v. Waddington in the
development of a strongcentral government emerges clearly-as does
the role of the courts in bridging the young nation's divisions in
the Revolution'swake. Rutgers v. Waddington illustrates a
foundational moment in American history. As such, it is an
encapsulation of a societyriven by war, buffeted by revolutionary
change attempting to piece together the true meaning of, in John
Adams's formulation,"rule by law, and not by men."
General
Imprint: |
University Press of Kansas
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Country of origin: |
United States |
Series: |
Landmark Law Cases and American Society |
Release date: |
February 2016 |
Authors: |
Peter Charles Hoffer
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Dimensions: |
229 x 152 x 15mm (L x W x T) |
Format: |
Hardcover - Cloth over boards
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Pages: |
168 |
ISBN-13: |
978-0-7006-2204-7 |
Categories: |
Books >
Law >
Laws of other jurisdictions & general law >
General
|
LSN: |
0-7006-2204-7 |
Barcode: |
9780700622047 |
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