Books in the New Histories of American Law series

This book offers a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Welke's research characterizes this period as a time of 'borders of belonging' in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women.

Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776.

This book chronicles the development of criminal law in America, from the beginning of the constitutional era to the rise of the New Deal order. Elizabeth Dale discusses the changes in criminal law during that period and analyzes the role that popular justice played in the development of America's criminal justice system.

Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war's biggest casualty was the nation's legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields.

This book reconceptualizes the history of US immigration and citizenship law from the colonial period to the beginning of the twenty-first century by joining the histories of immigrants to those of Native Americans, African Americans, women, Asian Americans, Latino/a Americans and the poor. Parker argues that during the earliest stages of American history, being legally constructed as a foreigner, along with being subjected to restrictions on presence and movement, was not confined to those who sought to enter the country from the outside, but was also used against those on the inside. Insiders thus shared important legal disabilities with outsiders. It is only over the course of four centuries, with the spread of formal and substantive citizenship among the domestic population, a hardening distinction between citizen and alien, and the rise of a powerful centralized state, that the uniquely disabled legal subject we recognize today as the immigrant has emerged.

This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark Douglas McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

The Partisan Republic provides a compelling account of early American constitutionalism in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites.